Legal Question in Family Law in California
I have a court order stating I have custody and my husband cannot take my son out of state. We moved to New Mexico for 2 months. When I tried to get my son and come back the school wouldn't release my son to me. I came back to California and file the papers and it was granted. But now what? How do I get my son back? My husband is filing papers in New Mexico saying we were residence for 6 month which is false. Bottom line if I have a judgement to get my son then how do I get him?
1 Answer from Attorneys
You may very likely have to go back to court on an Ex-Parte emergency hearing requesting that the D.A. Child Abduction Unit become involved to help to return your son. If your husband has your son and refuses to give him up, he is in violation of a court order. You would have to serve him with a copy of the order to make it enforceable in a contempt proceeding (and no, mail service is NOT sufficient).
As to jurisdiction. If California made the original order, then California has continuing exclusive jurisdiction until the case has been transferred elsewhere.
I would highly suggest you get legal counsel from someone in your area specializing in family law matters.
www.FamilyLawCalifornia.com
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