Father took Son Won’t return him. What’s my next step?

[Zigner]

Your ex may be in violation of California's child stealing laws pursuant to PC 287 and 278.5.

Speak to someone with your local police department. If Patrol will not assist you (as they may not be sufficiently knowledgeable of the law), check with someone in Investigations for assistance.

That is a good point. Despite the mother's actions, she has a court order and dad is violating it.

Also go to court and seek that emergency custody order!!!!

From a civil perspective, I don't see the courts entertaining this as an emergency situation. There doesn't appear to be any immediate threat of harm to the child.

 

[LdiJ]

That is a good point. Despite the mother's actions, she has a court order and dad is violating it.
From a civil perspective, I don't see the courts entertaining this as an emergency situation. There doesn't appear to be any immediate threat of harm to the child.

He lost his place in the school he was supposed to go to and school may be starting soon in his area. So that may be the emergency. My grandkids start school on Monday.

 

[Zigner]

He lost his place in the school he was supposed to go to and school may be starting soon in his area. So that may be the emergency. My grandkids start school on Monday.

That is not an emergency, particularly since the window has already closed.

 

[Zigner]

...and, I have to point out that the child is not going to be prevented from attending public school because he missed orientation.

 

[CdwJava]

That is a good point. Despite the mother's actions, she has a court order and dad is violating it.
From a civil perspective, I don't see the courts entertaining this as an emergency situation. There doesn't appear to be any immediate threat of harm to the child.

An ex parte emergency custody order in situations regarding 278/278.5 are almost always a precursor for action by the DA. Failure to obtain such an order - or to at least seek it - can sometimes lead a DA to take a pass on filing.

 

[LdiJ]

That is not an emergency, particularly since the window has already closed.

I have seen more than one judge treat school starting as an emergency.

 

[Zigner]

I have seen more than one judge treat school starting as an emergency.

In California?

 

[CdwJava]

I cannot say that SCHOOL would be the deciding factor so much as the apparent withholding of the child from a parent with a right to see the child. However, if dad is currently in violation of any existing court orders, than no new emergency order would be required. What she might have to do, then, would be to go before a court and have dad found in contempt or issue an order to seize the child. Without an order specifically authorizing the seizure of the child, absent criminal charges filed by the DA, the police will not likely forcibly seize the child to be returned to mom.

 

[Zigner]

From my (albeit limited) experience with California courts, without some indication of possible physical harm to the child, the court will not see this as an emergency requiring an ex parte hearing.

 

[CdwJava]

From my (albeit limited) experience with California courts, without some indication of possible physical harm to the child, the court will not see this as an emergency requiring an ex parte hearing.

There are cases where an emergency ex parte order are required - even without proof of harm.

I'd type more, but about to board a flight to Orlando. So ...