Legal Question in Family Law in California
I am in the middle of a battle for custody of my son. His mom has full custody, but in the paper work I served her, it says basically its valid now until the hearing and that she can not leave California without my written permission or a court order. She did not show up to mediation and I found out she moved to Tennessee with my son. I made a police report but I am wondering what the police can or will do and what the judge can or will most likely do
2 Answers from Attorneys
If there was a court order made that was valid the court may order her to come back. If this was simply an OSC they may not require her to come back but by law she was not suppose to leave. It is hard to really say simply based on the few facts stated.
This situation is pretty serious, and you may consider retaining an attorney at some point, because it can get complicated. You need to act quickly, and I think this situation would qualify for an ex parte hearing, which means that you go into court right away on an emergency basis. Without getting too detailed, you need to get a copy of the police report and you show up at the hearing with the report. You should go down to the police department to get a certified copy of the report. When and if she fails to show up for the hearing, you can request full custody for yourself and supervised visitation for her, if anything. Your attorney can instruct you as to the next move after that.