Legal Question in Family Law in California
Just found out 2 days ago at a hearing on Tuesday that I need to give me ex-husband the kids paasports for travel to US Virgin Islands, even though he's not suppose to leave the mainland. Anyway, I have torn my house apart and can't find the passports. I have frantically drawn up a declaration to submitt to the court so I can avoid being in contempt. (He actually owes me over 100K in unpaid child support, and I am going to draw up some paperwork for him being in contemp, but I would like to avoid being in it as well). Is there anyting else I should file and is a declaration the correct pleading to use? Please help. I have to get this filed today or tomorrow at latest since he takes the kids Monday. (He had been going on and on about how he wasn't leaving the US this time so it never occurred to me there would be this issue.)
1 Answer from Attorneys
You would need to explain to the court in your declaration why the passports which have previously been in your possession are no longer in your possession. The court would be concerned with whether or not this is a tactic on your behalf of preventing the children from travelling outside of the country. Those are issues that the other side would most likely raise. You should cooperate to get a rush passport issued, or you may be responsible financially for the missed flights and the rescheduling required.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
