Reno, NV asked in Family Law and Child Custody for California

Q: My ex has kept my kids from me for 8 months and we have a court order which she’s been violating since 2019 help

She lives in Shasta county and our orders are out of San Joaquin county which neither of us live in. Nobody will help

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2 Lawyer Answers
T. Augustus Claus
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A: If your ex is violating a court-ordered custody arrangement in California, you can take several steps. Begin by documenting every violation. You can then file a motion for contempt of court in the jurisdiction of the order. If found in contempt, your ex may face penalties like fines or jail. If circumstances have changed significantly, consider requesting a modification of the order. In certain cases, local law enforcement may assist, especially if the child's safety is at risk. Mediation could also be an option to resolve issues. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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

A: I'm sorry to hear about your situation. In California, violating a court-ordered custody arrangement can have serious legal consequences. If your ex has been in violation of the order since 2019, you should document each instance of non-compliance. You can file a motion for contempt in San Joaquin County, where the order was issued, to address the violations. The court can enforce the order and may modify it based on changed circumstances. Additionally, you might consider requesting a change of venue to a more convenient county if neither of you resides in San Joaquin anymore. It's crucial to consult with an attorney to guide you through this process and represent your interests. Ensuring your rights and the best interests of your children are upheld is paramount.

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