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

Q: I have a temporary custody order for my son but the father took our son to a different state. How do I enforce the court

order?? Also the father has gotten a restraining order on me.

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2 Lawyer Answers
T. Augustus Claus
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A: If the father of your son has taken your son to a different state and violated the temporary custody order, you can take steps to enforce the order and regain custody of your son. Here's a step-by-step guide:

Contact the local law enforcement agency in the state where your son is currently located. Inform them of the temporary custody order and explain that the father has taken your son without your consent. Request their assistance in locating and returning your son to you.

Contact the court that issued the temporary custody order. Inform them that the father has violated the order and taken your son to a different state. Request that the court issue an order to enforce the temporary custody order and require the father to return your son to you.

Gather evidence of the father's violation of the temporary custody order. This may include copies of the temporary custody order, communication records with the father, and witness statements.

Prepare for a return hearing. At the hearing, you will present your evidence and argue that the court should enforce the temporary custody order and return your son to you.

Regarding the restraining order, it's important to comply with its terms and avoid any contact with the father that could be considered a violation of the order. If you have concerns about the restraining order or its impact on your ability to communicate with your son or enforce the custody order, consult with your attorney.

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

A: To enforce a California temporary custody order when the child is taken to another state, you need to take immediate legal action. First, consult with an attorney experienced in family law, particularly interstate custody issues. They can guide you through the process and represent your interests effectively.

If the father has obtained a restraining order against you in another state, it's crucial to understand the specifics and implications of that order. Your attorney can help you respond appropriately to this and advise you on how to proceed with enforcing your custody order.

The next step usually involves registering your California custody order in the court of the state where the child currently resides. This process, called "domesticating" the order, allows the other state's court to recognize and enforce it. Once registered, you can then seek enforcement through that state's legal system.

Your attorney can assist you with the necessary paperwork and legal procedures required to register and enforce the custody order. Given the complexity of interstate custody disputes and the presence of a restraining order, professional legal assistance is strongly recommended to navigate this situation.

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