Desert Hot Springs, CA asked in Family Law and Child Custody for California

Q: My ex is trying to "quash" an existing order I just won for custody & visitations of my son

She claims my orders are not valid in her county since I reside in a different county and she is refusing to give me my son on my assigned weekends. Local police department where she lives said they cannot enforce an order and I have to go back to my court to notify everytime she refuses to comply with the order. I live 3 hours away and drive all the way to San Diego just for her to refuse to give me my child. Is there anything else I can do? She is also threatening to have my orders "quashed" in her county and said she is in the process of taking me to court out there. Does this interfere with my current court orders in my county?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, a custody and visitation order issued by a court in one county is generally enforceable statewide. If your ex is refusing to comply with a valid court order, you may need to file a motion for contempt in the county where the original order was issued to compel her to abide by the court's decision. The fact that she is attempting to have your orders "quashed" in her local county should not invalidate or interfere with the standing orders from your jurisdiction, unless she successfully petitions for a modification or overturning of those orders in a court of competent jurisdiction.

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