I live in Oregon and there is a Weird restraining order against me from my ex in California.No attorney wanted to assist

Question

I live in Oregon, my ex abducted children and left for Cali and concealed their whereabouts. A year later when I finally was able to locate them, the other parent filed a restraining protective order against me. So now the order is permanent as of late March 2023. Now, I filed to terminate it and to enforce my visits. Could I still ask to remove this case to Federal Court, and to a Federal Court in Oregon where I live or in Cali where they live ? Note: the abducting parent has violated ORS 107.159 and also UCCJEA, PKPA were also violated by both courts of Oregon and California. 28 USC 1331(treaty) and 28 USC 1332 both allows me to be seen in a federal court. I need to file 42 USC 1983, and 1985. Pure hate and discrimination, and absolutely no other reason for their cruel and unusual mistreatment and degradation of a human dignity. I have all evidence ot wrong doing by colors of law involvement, 10 years in Oregon and almost a year in Cali so far. This needs to stop now. What do I do ?

James L. Arrasmith · Answer

I'm so sorry to hear about your difficult and painful situation with your ex-partner and children. Dealing with complex custody issues across state lines can be incredibly challenging, especially when there are allegations of abduction and violations of court orders. 
 
In general, family law matters like child custody and restraining orders are handled in state courts rather than federal courts. The UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) and PKPA (Parental Kidnapping Prevention Act) do provide some guidelines around jurisdiction in interstate custody disputes, but they don't automatically give federal courts jurisdiction.  
 
The federal statutes you referenced, 28 USC 1331 and 1332, deal with federal question jurisdiction and diversity jurisdiction. It's unclear if your case would cleanly fall under either of those. 42 USC 1983 and 1985 allow lawsuits for civil rights violations, but the bar is high to prove discrimination by state officials. 
 
At this stage, your best path forward is likely to continue pursuing your case in the relevant state courts, rather than trying to move it to federal court. I would strongly encourage you to keep seeking consultations with experienced family law attorneys licensed in Oregon and California. Look for someone who has handled complex interstate custody issues before. You can also reach out to legal aid organizations in both states, as they may be able to provide low-cost assistance. 
 
Document everything carefully, including any evidence of your ex's violations of court orders. File the appropriate motions in the California court to challenge the restraining order and enforce your visitation rights. If you believe the California judge is discriminating against you, you can file a complaint with California's Commission on Judicial Performance. 
 
If you exhaust your options in state court, then consulting with a civil rights attorney about potentially filing in federal court may be an option. But start with vigorously advocating for your rights in the state family courts. Don't give up. Keep pushing to get time with your children. Consider requesting custody evaluations or guardian ad litem appointments so neutral professionals can investigate. The road ahead may be difficult, but don't lose hope. Wishing you all the best.

Q: I live in Oregon and there is a Weird restraining order against me from my ex in California.No attorney wanted to assist