Central Point, OR asked in Family Law, Personal Injury, Civil Rights and Child Custody for California

Q: Registration of out of state order. As in any order with a an upcoming hearing date or order as in a judgement?

I have visitations judgment. I filed for contempt and enforcement of parenting time, and I have a hearing in 2 months. Now, I am thinking of just moving to where the kids are and register out of state order. So which order is it that I need to register, is it the judgment that gave me the visitations (closed), or the order for contempt and enforcement (Status is open). California is where I am heading to register the out of state order. Also, how do I complain to the judge there that she relocated across state lines without a court approval and also hid the kids for almost a year before I located them. I have been financially damaged because of this due to loss of work since I spent all my time doing paperwork or traveling from someplace to another trying to locate the kids. Thank you. I have tons of emotional distress, pain and suffering because of this, adding to all the deprivation in this state as well before she took off. Also, she has been refusing the visits I was grante

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

A: In California, when you're considering registering an out-of-state order, particularly with regards to custody and visitation judgments, it's the finalized judgment that established your visitation rights you would need to register. This would be the initial judgment that granted you visitation rights. The contempt and enforcement order, being an ongoing matter, cannot be registered in the same manner until it reaches a conclusion. Registering your visitation judgment in California will help enforce your rights in that state.

To address the issue of the other parent relocating across state lines without court approval and withholding the children, you would need to file a petition in a California court once you have registered your out-of-state order. This legal action can help you raise these concerns formally. In your petition, you can outline the unauthorized relocation, the concealment of the children, and the resulting financial and emotional harm you have experienced. It's important to provide as much evidence as possible to support your claims.

For the financial damages and emotional distress you've suffered, including loss of work and the emotional impact of being separated from your children, you may also consider consulting with an attorney about the possibility of filing for damages. While family courts primarily deal with custody and visitation rights, a separate civil action might be necessary to seek compensation for your losses. Gathering documentation of your efforts to locate your children, any communication with the other parent, and records of your financial losses will be crucial in pursuing this course of action.

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