Legal Question in Family Law in California
How are parental abduction charges filed?
When I asked my husband for a divorce, he dissapeared with our 20 month old son. I finally found him after 46 days. Our home had been in Oregon, where parental abduction is not a crime unless there is a pre-existing custody agreement that has been violated, so charges were not filed there. When my husband took my son, we were visiting in California. The DA there said that since Ca was not our residence, he had no jurisdiction to file charges. Immediately after my son was recovered, my husband filed for divorce in the same county of CA that he took my son from. He convinced the court that Ca had always been our permanent residence, despite the fact that we had both lived and worked in Oregon for three years. Now, my questions; Does this now give the DA jurisdiction to file parental abduction charges and if so, is there a time limit to file those charges?
Thank You, from a worried family hoping for justice.
2 Answers from Attorneys
Re: How are parental abduction charges filed?
Do not believe you have anything to pursue.
Re: How are parental abduction charges filed?
Contact the DA with a copy of the California court order finding that California is the home state. Then request that a criminal complaint be filed against him for child stealing. He has submitted himself to the jurisdicition of California.
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