What is the name of your state (only U.S. law)? INdiana and California
Our son is now five years old. His mother left Indiana with her family after he was six months old and filed for custody in CAlifornia a week later. I wrote declarations to the court saying that it lacked jurisdiction but to no avail. The court kept issuing court hearings but I refused to respond, but eventually did on 2/9/2009 where Joint Custody was established and 14 days per month visits in Indiana. This was later modified by two subsequent orders to establish 50-50 and holidays.
Late last year I filed a DV against my ex for abusing me and our son, but the judge dismissed it. I filed later after another round of abuse. This time in Indiana, and the courts here ordered a stay away/no contact temp. order for me and our son for one year. That was because she didn't show in Indiana to dispute the charges. I initially tried register it the court in California, but the Commissioner refused to enforce it because he said it encroached on California's custody orders.
AS a result the judge forced me to keep the current visitations. I filed for a reconsideration and he said the same thing. My ex failed to show for the Indiana hearing to show cause as to why she should be held in contempt for subsequent violations, and held in contempt and a Writ of body attachment was ordered.
She also showed up 4 days before she was supposed to get our son and I told her he wasn't going any where until her scheduled day. Her attorney filed an Exparter and it was granted. I had to both return him to California and was placed on Supervised Visits in Indiana.
We were sent for a 730 Evaluation and I later hired an Attorney. At the 730 hearing, the Evaluator recommended I get primary physical custody with weekend visits by the mother. My attorney said that the commissioner still refused to acknowledge Indiana's jurisdiction in the matter and only lifted the Supervised visits but kept me from removing the child from California.
WE have an evidentiary hearing in the next couple of weeks. I am going to go see our child for several days, because I haven't seen him since January.
So questions:
1) Has there been a case of judges refusing to honor UCCJEA and the State's requirements for courts to enforce legitimate out of state Protective Orders?
2) The attorneys and the commissioner held private meetings so there is no record of what was said. My attorney just told me that the commissioner kept saying the same thing and then questioned why Indiana thought that they had jurisdiction?
3) What remedies can one take to address the court for failing to protect a victim of DV as required under Federal law and California statutes to give another state "Full Faith and Credit"?
Only answers to the questions would be appreciated. The background is only to give you an overview.
Our son is now five years old. His mother left Indiana with her family after he was six months old and filed for custody in CAlifornia a week later. I wrote declarations to the court saying that it lacked jurisdiction but to no avail. The court kept issuing court hearings but I refused to respond, but eventually did on 2/9/2009 where Joint Custody was established and 14 days per month visits in Indiana. This was later modified by two subsequent orders to establish 50-50 and holidays.
Late last year I filed a DV against my ex for abusing me and our son, but the judge dismissed it. I filed later after another round of abuse. This time in Indiana, and the courts here ordered a stay away/no contact temp. order for me and our son for one year. That was because she didn't show in Indiana to dispute the charges. I initially tried register it the court in California, but the Commissioner refused to enforce it because he said it encroached on California's custody orders.
AS a result the judge forced me to keep the current visitations. I filed for a reconsideration and he said the same thing. My ex failed to show for the Indiana hearing to show cause as to why she should be held in contempt for subsequent violations, and held in contempt and a Writ of body attachment was ordered.
She also showed up 4 days before she was supposed to get our son and I told her he wasn't going any where until her scheduled day. Her attorney filed an Exparter and it was granted. I had to both return him to California and was placed on Supervised Visits in Indiana.
We were sent for a 730 Evaluation and I later hired an Attorney. At the 730 hearing, the Evaluator recommended I get primary physical custody with weekend visits by the mother. My attorney said that the commissioner still refused to acknowledge Indiana's jurisdiction in the matter and only lifted the Supervised visits but kept me from removing the child from California.
WE have an evidentiary hearing in the next couple of weeks. I am going to go see our child for several days, because I haven't seen him since January.
So questions:
1) Has there been a case of judges refusing to honor UCCJEA and the State's requirements for courts to enforce legitimate out of state Protective Orders?
2) The attorneys and the commissioner held private meetings so there is no record of what was said. My attorney just told me that the commissioner kept saying the same thing and then questioned why Indiana thought that they had jurisdiction?
3) What remedies can one take to address the court for failing to protect a victim of DV as required under Federal law and California statutes to give another state "Full Faith and Credit"?
Only answers to the questions would be appreciated. The background is only to give you an overview.
