Legal Question in Family Law in California
Mother violating court orders
My sister moved out of state in 06, and the court paperwork said that she had to notify the father everytime she moved out of the appointed county, SHe moved the children 4 times and only notified the father of two of them. Then when he tried to get his children from her for his court appointed visitation she wouldn't let him have them. He was supposed to have them for the summer. She also wantyed him to pay for everything and give her proof of all of their travel before he could have the kids. The ppw said that it should be determined by them who should pay. There is also a court order saying that no corporal punishment is to be used by either party, yet it is used on a regular basis by the mother's husband.
The father is trying to get back on his feet to fight for custody. He wants them children to live with the maternal grandparents.
What are is chances in this fight? We were told that if he files an ''order to show cause'' that she would be supeoned to CA and that if she didn't show he would be granted custody, and that he also has a very solid case because of her violations. Can some one please give me some insight in all this? The children would be living with me and my mother, and that is why I am asking.
2 Answers from Attorneys
Re: Mother violating court orders
It would be a very difficult goal to obtain. There are jurisdictional problems, as well as non-parents receiveing custody. Contact me directly.
Re: Mother violating court orders
This is not an easy case. He could attempt to start with the court here in CA that made the order, but there's a chance because he has waited so long that the court will order venue changed to where the kids are now living. This is a difficult case. Yes, there are violations, but it's not easy to file contempt.
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