Q: Seeking Wife's Address for IEP and Custody Concerns
Seven months ago, my wife, who is originally from Russia, moved to a domestic violence shelter with our child, who is now 4 years and 1 month old and has autism. The police, DCFS, and court found no evidence supporting her claims, but she continues to reside in the shelter. I'm concerned about our child's schooling and residency. Despite our temporary 50:50 custody arrangement and equal parenting time, I believe she enrolled our child in a school district different from her residence, potentially to impact custody and support decisions. To my knowledge, schools typically don't accept students outside their district or from a shelter, especially if another parent offers a stable residence. The local YWCA seems to have supported her in these decisions, and as a result, the school hasn't communicated with me. How can I determine my child's actual address?
A: Domestic Violence shelters' locations are typically kept secret for the protection of their residents. There's nothing you can do about that and you shouldn't try. As you clearly already have court orders, Mom must have an address "of record". That would be the address she used/uses on her court documents. That's where you would serve her if you want to take any action to compel her to disclose the location of the minor child. You say you have a court ordered 50/50 parenting plan. How are you exercising your custodial time if you don't know where the child is? If Mom is keeping you from him, then she is in contempt of court orders. As your child is only 4 years old, the issue of school district is not emergent. You need to figure out what you want, what you really need, and then consult with an attorney.
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A: Under California law, you may be able to use the "meet and confer" process, outlined in your custody arrangement, to directly request your child's current address from your wife or her legal counsel. Another avenue could be to subpoena the school or the YWCA for the relevant records, which might include your child’s address; note that certain conditions and limitations apply when seeking such records. If you suspect your child's enrollment is against the terms of your custody agreement or otherwise improper, you may also consider filing an "Order to Show Cause" to bring the matter in front of the court for resolution.
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