Legal Question in Family Law in California

parental kidnapping?

My husbands ex wife moved his kids to another state without notification and or requesting court approval. He has joint legal, she has full custody. They have been called to court and she states she can't afford to come. This is her third move and the third time she has kept us from our court ordered visitation. The courts alwasys seem to ignore this pattern. What can we do, we have an attorney, she does not. The court stated she better get one if she doesn't intend on showing up for the court date. What can happen to both sides? Can we try for ex parte immediate custody, or parental kidnapping?


Asked on 12/17/08, 4:00 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

Re: parental kidnapping?

You should bring an action to modify custody based upon her breaking the order and alienating your husband from the children. The court order must be followed. I would start by writing a letter demanding she follow the court order otherwise you will take her back to court.

Please contact a local attorney in your area prior to taking legal action.

Good luck,

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 12/25/08, 12:44 am


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