Child visitation

San Diego California

What can I do to get my girls back when my ex-husband refuses to return them, he wants me to pick them up. I have a restraining order against him. I'm scared to be near him.
I had to get the police to ask him to return them. The police said they could not make him return them. Luckily he did turn them over to the police. What can I do to protect my rights to get my girls back next time he decides that he doesn't want to return them? The court made a ruling that the restraining order would be lifted while he drops of the girls at the curb at my house. He is to stay in the car and that he has to drop them off at my house by 4:00pm on Sunday.Please help me!

[I AM ALWAYS LIABLE]

Originally posted by rblackwe
San Diego California

What can I do to get my girls back when my ex-husband refuses to return them . . .

My response:

I must presume that you don't have custody orders from the court or you would have mentioned that fact.

Therefore, and since this is likely to be an ongoing problem, you need to file a Petition for Custody, Visitation, and Child support with the San Diego Superior Court, Family Law Department.

Your Restraining Order can do nothing to help you with your "child return" problem.

If you do have orders, then tell me what the orders state concerning the pickup and dropoff of the kids, including the days and hours for each.

If you do have orders, you will need to file a Petition for an Order to Show Cause Re: Contempt of Court.

IAAL

I do apoligize for not giving all of the information. I have full custody of my children. My ex had visitation every saturday (supervised) from noon-6:00pm. Last month he just got every other weekend and over night visitation back. The kids go from friday after school until 4:00pm on sunday. He is to drop them off at my house at the curb by 4:00pm on sunday. During that time only is the restraining order lifted. He is to stay in the car and have no contact with me. I contacted the kids attorney(court issued attorney) he has talked to my ex and told him how wrong he was. My ex went bolistic with the attorney saying that I traumatized the kids by having the police pick them up. The attorney flat out told him that this would never of happen if he had stayed with the court order. My true question is! Even if I have all of the paper work showing that he has to return them by 4:00pm on sunday, the police said that they can't make him return the kids because it was a civil issue and the kids were not in harm with him. I would have to leave the kids there over sunday night and go to court on monday and report to the judge that he will not return my kids. How in the world could the police say that they can't inforce the court papers saying that he is to return them by 4:00pm sunday? I'm sorry for rambling on, but I Love my girls more
than anything on this earth. I want them to see there father, but I miss them the whole time there gone. Thanks for you patience and any help you may have. Thanks

[I AM ALWAYS LIABLE]

Originally posted by rblackwe
the police said that they can't make him return the kids because it was a civil issue and the kids were not in harm with him. I would have to leave the kids there over sunday night and go to court on monday and report to the judge that he will not return my kids. How in the world could the police say that they can't inforce the court papers saying that he is to return them by 4:00pm sunday? I Love my girls more than anything on this earth.

My response:

No one is doubting your love for your children, or the fact that you miss them when gone.

However, there are two "truths" and "realities" that you have to come to grips with in this matter:

1. This is a Civil matter, not a criminal matter. This is the way police look at matters such as this. As long as the kids aren't in any danger, most police departments leave matters such as this up to the courts, and let the involved parties responsible for reporting Contempt of Court Orders to the court.

2. Some police departments do, in fact, assist in matters such as yours. However San Diego, like Los Angeles, is in the midst of a police shortage; e.g., Los Angeles is currently in need of 900 more officers, and I'm sure San Diego, which is only a few miles south of us, is in the same "boat".

Therefore, the officers that are left over are trying to fight crime - rape, robbery, carjacking, murder, etc., of which they deem more important issues than assisting a parent in the "return" of their children from a non-custodial parent.

In summary, there's not enough taxpayer dollars to go around to hire more police, and so it's up to you to enforce your own court orders and to file a Petition for an Order to Show Cause Re: Contempt of Court.

Good luck to you.

IAAL