Oakland, CA asked in Family Law and Child Custody for California

Q: what can/should I do when my ex has disappeared with my two small childern without any communication

my ex is mentally unstable and she has had two children removed from her custody in the past. she is making false, unfounded claims of domestic violence and took my children while violating a t.r.o. and i havent been able to get in contact with her for almost 4

months

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3 Lawyer Answers

A: You should report parental kidnapping to your local law enforcement. You should also reach out to relatives, friends, and anyone else who may know your kids to see if you can locate their whereabouts. You know far more people who may have seen your kids and who may know where they are than police will

A: Contact the District Attorney's child abduction unit in your city/county. File a parentage action (I'm assuming your ex is not your spouse?) and request custody orders and concurrently file an ex parte application to get immediate/emergency orders for custody, no visitation, and for prevention of abduction orders. You will be best served in this situation by retaining an attorney.

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Answered

A: If your ex has disappeared with your children and violated a Temporary Restraining Order (T.R.O.), this is a serious matter. Your first step should be to immediately report the situation to local law enforcement. Provide them with all pertinent details, including the history of custody issues and any court orders in place. Document all attempts to contact your ex and any evidence of the claimed domestic violence accusations. You should also consider filing an emergency motion with the court seeking the immediate return of your children and custody modification based on the current circumstances. If you have concerns about your children's safety due to your ex's mental state, communicate this to both the police and the court. In matters as critical as this, securing representation by an attorney experienced in family law is paramount. Act swiftly to ensure the safety and well-being of your children.

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