Legal Question in Family Law in California
marriage for ten years in New york one 3 year child,in June 2010 my wife decided she wanted to seperate left for california with our daughter without my permission and no court order. In august I realized she had no intentions of returning bakd with the child I filed for custody in August 2010
My wife was served in california on August 7,2010 to appear in nassau county court in NY.
she failed to appear and called in to the court claiming her reason for leaving was for domestic violence. It was later discovered that was not her reason for leaving, and a new court date was set.
she did not appear claiming ny did not have jurisdiction, our last court date of 10/22/2010 the judge
awarded me temporary custody of my daughter. I just came back from San Francisco where the
Authorities and police stated that they could not assit with enforcing the out of state order because
the order had not been registered. I was instructed by my Attorney to go to california and the police there would assist me in getting my daughter, But when I arrived no one knew anything
as to what to do or if they were allowed to assist me. I took of work, my family went with me bought flights, hotel and car rental for nothing. Please tell me what is the rule, who should take responsibility for this travesty. and what can I do.
1 Answer from Attorneys
Your New York lawyer should have called a California lawyer before telling you anything. California is generally very good about enforcing sister-state orders and judgments, but only if you follow proper procedures. You cannot just show up here with an out of state order and have it enforced. The order must be approved and registered in the county in which the child is located, or if the child has been hidden, the last county in which the child has been known or believed to be present. This is done by filing a proceeding in the California Superior Court in that county. If you would like to take another shot at enforcing your New York order, I would be happy to assist. Have your attorney contact me.
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