Legal Question in Family Law in California
Hello,
My ex and I have been separated for 8 years we have a 13 year old boy. We both have joint custody I have my son primary during the school and no one could take my son out of the surrounding counties. Soon after the agreement and court order my ex got married and moved to Okalahoma I stayed with my son. Three years ago she moved to San Diego my son went to visit her for the first time in 3 years. My son called me a month later and said he wants to live with his mom and now my ex wont bring him back to me as agreed. I have the court order stating he stays with me during school time and no one should take the child from the surrounding counties. My question is could I call the police or go to court to bring him back.
2 Answers from Attorneys
You can call the police to assist you, show up at her home, order in hand, and demand your son back. Here is the issue I have ran into on several occasions: If the child refuses to go, the cops will not make him. Then you will likely have to obtain an attorney (don't do this yourself) and file contempt charges to force the issue. If she has not seen him in three years, and this is how she responds on the first visitation, I would request supervised visitation only, and in your area.
If no one was supposed to take him out of the local counties, how did he wind up in San Diego? You are going to have a tough time enforcing an order that you yourself seem to have violated. Not that there's a problem with violating it in favor of supporting your son's relationship with his mother, its just the selective enforcement that the police are not going to want to get into. So you are going to have to deal with this in court. With that said, though, he needs to be back with you to start school, and even if the court has issues with you wanting to selectively enforce the order, I am pretty sure any Family Law judge will order him returned to you for school. Given that school must be starting soon, you need to get an ex-parte contempt motion on file immediately.