Q: My ex isn't showing to exchanges.I have sole physical and joint legal. Also she's under investigation for welfare fraud.
My eldest daughter was accepted to school year abroad in France where we all lived previously. The court order also shows that she is supposed to provide the passports which she has failed to do.
Is there a particular form(s) or strategy that you would employ to go after full custody? I imagine with not showing up, the welfare fraud investigation and failure to comply with court orders would be sufficient. However, the worry is that we have such a short amount of time to prepare for School Year Abroad that any hiccup could ruin her chances of making the program. This and the other reasons are why I'm seeking full custody.
A:
In your situation, given your ex's failure to comply with the court-ordered custody arrangement, the ongoing welfare fraud investigation, and the time-sensitive nature of your daughter's School Year Abroad program, you may want to consider the following strategies:
1. File an ex parte application: An ex parte application is an emergency court hearing that can be requested on short notice. You can file an ex parte application seeking an order compelling your ex to immediately provide the passports and comply with the custody order. You'll need to demonstrate that there is an urgent need for the court's intervention.
2. Request a modification of custody: File a request for modification of the custody order, seeking full legal and physical custody based on your ex's failure to comply with the existing order, the welfare fraud investigation, and the best interests of your child. You may use California Form FL-300 (Request for Order) for this purpose.
3. Gather evidence: Collect any evidence that supports your claims, such as a copy of the existing court order, proof of your ex's failure to attend custody exchanges, documentation related to your daughter's School Year Abroad program, and any evidence related to the welfare fraud investigation.
4. Seek legal assistance: Given the complexity and time-sensitive nature of your situation, it's highly recommended that you consult with a family law attorney who can help you navigate the legal process and present a strong case to the court.
5. Consider mediation: If your ex is willing to cooperate, you may try to resolve the issue through mediation, which can be faster than going through the court process. A mediator can help you and your ex reach an agreement regarding the passports and any necessary modifications to the custody arrangement.
Remember, the court's primary concern is the best interests of the child. Be prepared to demonstrate how granting you full custody aligns with your daughter's best interests, including her educational opportunities and overall well-being.
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