Q: What can i do legally about my husband not returning our children to me after a visit?

A: The time line here is not at all clear. He never brought them back since when? Do you mean that he did not return them after last summer's visit? i.e. you have not had custody of your children since August 2019? It also sounds like although you and the other parent may have some kind of agreement about custody, you do not have any enforceable COURT ORDERS. What you can do is file a Petition for Custody or Parentage with a concurrent Request for Order for temporary orders pending trial. The problem I see here however is that you took no legal action in the last 10 months your children have lived with the other parent. I'm going to assume they went to school where they live now with the other parent? You need and attorney.

A: The short answer is: You file a "Contempt of Court." The forms for this are at:

https://www.courts.ca.gov/documents/fl410.pdf

also:

https://www.courts.ca.gov/documents/fl412.pdf

There are more forms that go with this.

There is more to it than just filling out the forms. You need to get a copy of the court order that gave custody and visitation orders. You need to get a consultation with a family law attorney to make sure that there is a clear violation.

Some family law attorneys give a first consultation free. Some charge $50. Some charge $100. Call them up and ask the receptionist before you go in what the charge for a consultation is. Get a copy of the court order that was violated first before you make your appointment. You can go back to the courthouse where the order was made and get a copy. It should cost you 50 cents per page. Also fill out the forms above BEFORE you go in and ask for advice. Don't worry if you do them wrong before someone looks at them.

Also there are family law paralegals who can help people fill out forms. They cannot give legal advice, but they can fill out forms and they are cheaper than attorneys. Make sure they have lots of experience in family law.

You also can try the "Self-Help Center" at your local courthouse house for family law. The Self-Help Center is free. They may or may not be able to help you with contempt forms. You have to ask them.

After the forms are filed in your home court where the orders were made, you need to get the papers served. Someone needs to hand-deliver a copy of the forms to your ex. These people are called "process servers." There are process servers all across the country. Start by Googling "Process servers in ____ town and state." Then call them up and ask their price. If the person is found in the county where the order was made, you can ask the county sheriff's office CIVIL division to serve the papers free of charge.

You need to get moving on this. The longer he keeps the kids, the more entrenched they become n their new city. It is not too late. Don't let him get away with this!