Legal Question in Family Law in California

I had a hearing yesterday regarding visitation/holidays with my hopefully soon to be ex husband. He has an upcoming vacation with the kids in the US Virgin Islands even though he was not suppose to leave the mainland of the USA. Anyway, at the end of the hearing she told me to have the kids packed and ready to leave with their passports. I didn't think anything of it at the time, but I have searched and searched and am unable to find the passports. My mom passed away in January and we had to travel to Oklahoma and I think they may have been left in an envelope there. Anyway, I was going to file a declaration saying I can't find the passports. I am pro per since being laid off and can't get him to pay child support. Will the declaration be enough? Like I said he is going to the US Virgin Islands.


Asked on 6/29/11, 7:10 pm

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

I think the burden is on you to locate the passports ASAP and provide them to your ex husband so you are in compliance with the judge's directives. From your question, it sounds like you were the last person in possession of the passports. Your fact pattern does not establish how long you've known that the passports were an issue to allow for the out of country travel. If you've known for some time about the need to have the passports available for this journey, you may have some real issues with the judge on your return to court. Failure to comply with a court order can result in sanctions, attorney fees and in the worse case, if your ex files and wins a contempt motion, fines and jail time.

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Answered on 6/30/11, 7:53 am


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