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Parent moved with children out of state without contact

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waffle1

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

I will try to be as succinct as possible. My partner (we never married) and I have been together for 12 years and have two children together. 2 years ago we seperated. At this time, a court order was obtained granting 51 (her)/49 (me) legal and physical custody. I had the children for half of the week, she had the children for the other half. A year ago, we decided that in the best interests of the children, we would try to work things out, and moved back in together. Although it has been difficult, communication had been better and the children were happy to have us back in one household.

2 months ago, she informed me that she just did not feel like things were working, and she was getting her own apartment. We decided to continue the previous arrangements in terms of visitiation. During these two months, she began to act erratically. The children informed me several days after she moved into her apartment that she had a new boyfriend who was staying there. Our mutual friends became concerned because she quit contacting them. The children informed me that she was drinking alot (Gin, to be specific) and did not get out of bed much while they were with her. I attempted to talk to her about these things, but was met with anger. She no longer communicated with me except by text messaging.

9 days ago, she picked up the children on her visitation day from school. She texted me that she had picked them up early in the school day because she was taking them out of town (100 miles away) to visit friends for the week and the children would be out of school. This made me uncomfortable, but there was a 3 day weekend, so the children would only miss two days.

Monday, the day that I was to pick up the children, they were not at school. I contacted the principal, who informed me that my ex had disenrolled the children and placed them on independant study. I called my ex in a bit of a panic asking what was happening. She did not answer, so I left a message. She emailed me informing me that she had not gone just "out of town", she had gone across the country to New Jersey. She said that due to the recent changes, the children were not doing well in school and she thought it best to take them to her parents house (in NJ) and home-school them. She said that they would be back in "a month or so". She would not let me speak to the children. I do not have her parents' number (they moved recently). Finally, my children called me last night. They told me that "everything they owned" was packed into the car and a trailer was rented. They said that they had moved there and wanted to come back to California. They were very upset and confused. They said they had thought that they were going on a trip for a few days and when they finally asked about calling me, my ex had told them that she could not get a hold of me and that they would be back to visit (me) soon. I have gone by her house and it is obvious that she has moved out. Further, she seems to have quit her job as I know that they would not have granted her such a long term of leave.

I am very upset and don't know what my rights are. I am worried about the children. My ex is very intelligent and I feel that she is making some choices that are not normal for her. I am concerned that she may be in a bad state emotionally and not making good decisions (her family has a long history of documented mental illness). She will not answer my calls or emails and I have only heard from the children the one time. Any advice would be appreciated.
 


Ohiogal

Queen Bee
Get your butt to court and file to have the children returned to the jurisdiction of California and that you have custody.
 

Silverplum

Senior Member
Get your butt to court and file to have the children returned to the jurisdiction of California and that you have custody.
That means, HURRY UP and DO IT. The clock is ticking...and if you wait, she will establish residency in NJ and you will become a twice-per-year visitor in your childrens' lives.

On the other hand, if you file NOW, you will most likely become primary parent.

Most CA counties have self-help centers at the courts. Call yours and see if you can get help there.
 

waffle1

Junior Member
I am making an appointment today to see the court facilitator. I contacted the police who told me that they cannot do anything for me. I don't know her address and she will not return my calls (her cel phone). I am afraid of how long this process may take and although I am not in fear for the children's safety, I am getting more concerned due to the strange behaviour. A few questions:

Do you know whether or not the previous order still stands even though we had been living together for the last 10 months? We didn't change anything within the paperwork.

If she ignores my calls and I have no way to contact her, how can I let her know if I am granted a change in custody (under the circumstances, I plan to ask for full custody)?

How long do these processes usually take? I know that my questions may be pre-emptive as it is possible that the court facilitator will be able to answer them, but I am in a bit of a panic. Not one person that we know was aware that she was going to do this. I have had called from her friends asking if I have heard from her because her home phone is disconnected.

I feel completely powerless and useless here.
 

Isis1

Senior Member
I am making an appointment today to see the court facilitator. I contacted the police who told me that they cannot do anything for me. I don't know her address and she will not return my calls (her cel phone). I am afraid of how long this process may take and although I am not in fear for the children's safety, I am getting more concerned due to the strange behaviour. A few questions:

Do you know whether or not the previous order still stands even though we had been living together for the last 10 months? We didn't change anything within the paperwork.

If she ignores my calls and I have no way to contact her, how can I let her know if I am granted a change in custody (under the circumstances, I plan to ask for full custody)?

How long do these processes usually take? I know that my questions may be pre-emptive as it is possible that the court facilitator will be able to answer them, but I am in a bit of a panic. Not one person that we know was aware that she was going to do this. I have had called from her friends asking if I have heard from her because her home phone is disconnected.

I feel completely powerless and useless here.
the last order still stands.
 

waffle1

Junior Member
That means, HURRY UP and DO IT. The clock is ticking...and if you wait, she will establish residency in NJ and you will become a twice-per-year visitor in your childrens' lives.

On the other hand, if you file NOW, you will most likely become primary parent.

Most CA counties have self-help centers at the courts. Call yours and see if you can get help there.

How long does it take to establish residency? I am working on this as fast as I can. I am taking time off of work (a new job) to go to the county that the order was written in, but I was plannning on going to the facilitator in the county we recently moved to. Should I just go straight back to the other county court?

Even if I do become primary parent, how do I get my children back when I don't know where she is?
 

waffle1

Junior Member
How long does it take to establish residency? I am working on this as fast as I can. I am taking time off of work (a new job) to go to the county that the order was written in, but I was plannning on going to the facilitator in the county we recently moved to. Should I just go straight back to the other county court?

Even if I do become primary parent, how do I get my children back when I don't know where she is?
I'm sorry, that made no sense. We moved out of the county we had been living in for 5 years about 2 1/ months ago. Two weeks after moving, she decided to move out. Should I go to the previous county or can I have things dealt with here?
 

Ohiogal

Queen Bee
I'm sorry, that made no sense. We moved out of the county we had been living in for 5 years about 2 1/ months ago. Two weeks after moving, she decided to move out. Should I go to the previous county or can I have things dealt with here?
Go to the county that issued the order. And then what you want to do is serve her at her last known address (which would be the address she lived with you unless your children can tell you what the new address is) and also listen to the court facilitator's office. Got it? Also serve her at her parent's home in New Jersey since she gave you that address.
 

Silverplum

Senior Member
I do not have her parents address.
Try. Find an old birthday card, or something.

What you want is to SHOW that you have made your BEST efforts to find and serve her.

You're going to win this, IF you act properly NOW. OhioGal is a family law attorney, and is telling you correctly what to do.

If you want more info, look up casa's posts. But action NOW is what is needed. GO to the courts that issued your latest order.
 

waffle1

Junior Member
Yes. I do know their names. I have done a google search and it has come up with their previous address and dialing 411 comes up with nothing. I really cannot afford a detective or even a lawyer (the move drained me), so I am hoping to get all the advice I can in the hopes of being able to deal with things myself.

Thank you to all that have responded. Any further advice/opinions is/are appreciated
 
Yes. I do know their names. I have done a google search and it has come up with their previous address and dialing 411 comes up with nothing. I really cannot afford a detective or even a lawyer (the move drained me), so I am hoping to get all the advice I can in the hopes of being able to deal with things myself.

Thank you to all that have responded. Any further advice/opinions is/are appreciated
What about sending a letter to their old address? If it gets forwarded to the new address, great. If it gets returned, at least you have proof that you are using all avenues to contact your ex and children.

I know you feel powerless. You are NOT powerless. You are DAD.
 

casa

Senior Member
The objective is to convince a California court to issue a turnover order without asserting jurisdiction over custody, which would require a full-blown custody hearing. An ex parte turnover order can be obtained if you do the following:

Register with the local court a certified copy of the court order that grants custody to your client. If the order is in a foreign language, obtain a certified translation. Attach to the custody order a caption page that states, "Custody Order of [name of country of state]; California Civil Code Section 5164." Attach to the foreign court order a Declaration under the Uniform Child Custody Jurisdiction Act (Judicial Council form MC-150). Once the decree is filed in a California court, it becomes enforceable here.
Include proof that the abducting parent had notice of the custody proceeding. This can be done by attaching proof of service or a hearing transcript. If there is not court order establishing custody, ask an attorney in the court that has jurisdiction over custody to get an order and deliver it to you immediately. Both the custody order and the California court order can be served on the abducting parent at the same time.
File an ex parte application for immediate turnover of the child and set an order to show cause hearing. If you can show that giving notice would cause the child's removal from the jurisdiction, the court will make an ex parte order. If you do this ex parte, submit a temporary restraining order (judicial Council form 1285.05) containing the following wording: "The respondent is ordered on receipt of this order to turn [child's name] over to the petitioner or to any Los Angeles County sheriff. The petitioner is awarded sole custody and possession of [child's name] pending the hearing on the order to show cause." Be sure to check the box labeled "other" on the order to show cause form, and type in: "enforcement of [name of county or state] order." Indicate that you are making a special appearance. Both of these precautions will prevent the court from asserting custody jurisdiction.
Ask for attorneys fees, witness costs, travel and other expenses from the court with custody jurisdiction. Attach a declaration showing all fees, costs and projected expenses, as authorized by California Civil Code sections 5157, 5160, 5164 and 5168.
Retrieving the child can be dangerous and requires the following precautions:

Obtain at least three certified copies of the turnover order. One should be delivered to the local law enforcement agency; one should be served on the abducting parent; the third should go to your client.
Schedule a time for picking up the child when you can be sure the child is at home and law enforcement officers can be present. Make certain someone is guarding all the building's exits.
ANOTHER METHOD of getting a turnover order is to obtain a warrant in lieu of a writ of habeas corpus. Submit a proposed order with the application for the writ and the writ itself and schedule a hearing; notice is not required if you can show good cause, such as a belief that the child may be removed from the jurisdiction. The writ gives the local district attorney authority to pick up the child and deliver him or her to the court.

The order should include the following provisions:

The district attorney shall take all actions necessary to locate and return the child and assist in the enforcement of the custody order in any appropriate civil or criminal proceeding. Cal. Civ. Proc. § 4604.
The district attorney is authorized to search the premises where the child is reasonably believed to be present.
The district attorney may place the child in protective services or foster care until the time of the hearing.
State the punishment for violation of the warrant.
The order is enforceable by any law enforcement officer in California.
This procedure has several advantages over an ex parte order. The district attorney's office routinely handles child abductions and is more experienced in such matters than other law enforcement agencies. The hearing is prompt, and it is less likely a judge will conduct a full-blown custody hearing using this procedure because its purpose is limited to releasing the child to the custodial parent.

A disadvantage is that the child may be in the custody of law enforcement or child protective services for several days until the hearing. Many parents prefer using an ex parte hearing to avoid this.

At the hearing you should establish the wrongful abduction and your client's right to custody. The issues should be limited to whether there was a valid custody order in the other state or country and the abducting parent had notice and an opportunity to be heard at that custody hearing.

Regardless of which procedure you use, be prepared for the abducting parent's attorney to claim the California court has jurisdiction over custody and to call for a full custody hearing. If the attorney can show your client abused the child or has placed the child in imminent danger, the court could take jurisdiction over custody and create costly delays in getting the child back.

[For more information, see the National Center for Missing and Exploited Children
 

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