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get an affidavit, a court order, and lawyer - in no particular order. then go to cell network. provide IMEI. and when it hits the network (provided you go the same network the new sim is on) - it can be tracked.
in other words: sorry bud.
Is it an android phone? you can try this app called Plan B by lookout Mobile Security. I'm not sure if it's available for other OSes since your sim is out it might not work.
Here is a good read on it http://arstechnica.com/gadgets/news/2011/08/how-plan-b-found-the-droid-i-was-looking-for.ars
Lol yeah at least it had a happy ending, I wouldn't want to go through anything like thatLmao it's a funny story thou!