Summons Violations

[Pinky661]

What is the name of your state (only U.S. law)? California

I have a friend who filed for paternity & a summons restraining his ex from leaving the state with their child. She did so anyway. He went to the self help center and they informed him that he needed to file an ex parte to get her back to California for violating the summons. The judge then denied the ex parte but set a date for trial. On the trial date the judge then gave the okay for her to remain out of state. Now there is a judgement & she has custody & remains out of state. She was never punished for violating the summons and leaving the state. Is there a way to go back & correct this? If not, then why even file the summons if the courts are not going to enforce it or do anything about it?

[LdiJ]

Originally Posted by Pinky661

What is the name of your state (only U.S. law)? California

I have a friend who filed for paternity & a summons restraining his ex from leaving the state with their child. She did so anyway. He went to the self help center and they informed him that he needed to file an ex parte to get her back to California for violating the summons. The judge then denied the ex parte but set a date for trial. On the trial date the judge then gave the okay for her to remain out of state. Now there is a judgement & she has custody & remains out of state. She was never punished for violating the summons and leaving the state. Is there a way to go back & correct this? If not, then why even file the summons if the courts are not going to enforce it or do anything about it?

Unless he is still within the time frame to appeal, no he cannot get that "corrected". The judge made his/her decision.

[Pinky661]

I understand that the judge made her decision, but from everything I have read my understanding is that she is guilty of 'parental kidnapping.' Is there a way to go to the D.A.s office & have them prosecute her for the violation?

[Ohiogal]

Originally Posted by Pinky661

I understand that the judge made her decision, but from everything I have read my understanding is that she is guilty of 'parental kidnapping.' Is there a way to go to the D.A.s office & have them prosecute her for the violation?

Your understanding is incorrect.

[Pinky661]

Why is it incorrect? There was a summons/restraining order from her removing the child out of California. She did it anyway

[CourtClerk]

And the judge found good cause for her to be gone. So there is no parental kidnapping. Further, there was, at the time that she took the child, no judgment of paternity or custody. She obviously brought herself back to the jurisdiction of the court, so the court had no problem with it.

If the court has no problem with it, then YOU should darn well not have a problem with it, especially since none of this concerns you at all.

[Ohiogal]

Originally Posted by Pinky661

Why is it incorrect? There was a summons/restraining order from her removing the child out of California. She did it anyway

And the child was not concealed or hidden from him. He knew where she moved apparently or did not convince the judge that she was hiding the child and thus committing a crime. So, you were and are INCORRECT.

[futuredust]

If paternity has not been established, how can one be guilty of parental kidnapping in the first place.

[Ohiogal]

Originally Posted by Pinky661

Maybe I wasn't clear enough or you all are a bunch of sarcastic smart asses who don't know what they are talking about. There was a judgement of paternity and paternity had already been established! She didn't have any good reason whatsoever and this is my business because it concerns my step son. If you don't have any helpful information then just keep your negative opinions to yourself.

LEGALLY you are not involved. And you stated this was a FRIEND of yours. Now it is your step son that is involved. Oh so you are a liar.

I have a friend who filed for paternity & a summons restraining his ex from leaving the state with their child. She did so anyway.

It still is NONE of your business. And since the child was not concealed from him it is NOT parental kidnapping.

[Antigone*of*Greece]

Well this thread might just as well get locked up right now. The lying OP is not going to get any help here any longer. In fact I can bet my pitcher of margueritas that open season has just been declared . ...any takers ???