Legal Question in Family Law in California

I�ve had custody of my children for about 7years. They had their first visitation with their mother (who�s always been in & out of the picture), but they refused to go. I didn�t know what to do since I had a temporary court order, so I called the police. The children were interviewed and told the police their bother has physically abused them.

I went to family court and got a temporary court order stopping her from seeing the children until we went to court. When I went to court, I found out that CPS had not been contacted by the police (like they had said they were going to). The judge told us to come back & bring the police report. I�ve been running around getting contradicting information. The police department won�t release the police report without a signed release from a juvenile judge. The juvenile judge denied my request because it�s an �adult matter� since the children�s mother is an adult. How do I get the police report? The judge will send the children with their mother unless I prove what happened, right? And how do I find out who dropped the ball and why CPS wasn�t contacted when there were reports of abuse? Please help.


Asked on 6/18/10, 4:03 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

A subpoena duces tecum on the police department for them to produce the police report in court. It appears that you live in Santa Clara County. The family court in Santa Clara County uses family court services to obtain information to assist in making decision. You should retain an attorney if you have not already.

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Answered on 6/18/10, 8:11 pm


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