Legal Question in Family Law in California

I have full custody & the father has visitation every other week beginning Fri, Sat & to return our child on Sun. Father failed to return child & says he's keeping her. Said he'll bring her in a few days because he has a few days off. I said it's not ok. I asked him him to follow the current order. When he failed to return her I filed a police report. I then tried to obtain child with police only to find out that father has modified order without following due process. Father is clearly in contempt of the court & failed to follow due process by failing to serve me. An anonymous message was left on my boyfriends phone for me to go to the wrong court the next day. No date or name of caller was given. Only to show up the next day to the wrong courthouse. Clearly this is unconstitutional & I would like to file motions for contempt of court and failure to follow due process. I'm not sure how to proceed though. I would like the punishment fine for his contempt be to pay for the attorney fees which could've been avoided if he followed legal procedures and process. Is this a realistic outcome? Are there any attorneys that would represent me pro bono or payments. Are there any advocates willing to be paid by the other party if the court rules that the attorney fees are a fair punishment for violating my rights.


Asked on 3/14/14, 8:44 am

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

You would greatly benefit from meeting with an experience family law attorney to explore your options. It may be appropriate to file a motion attacking personal service and return to court for rehearing on these matters.

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Answered on 3/14/14, 10:59 am


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