Ldij

[chazzajo]

What is the name of your state?CALIFORNIA
LDIJ, YOU NEED TO KNOW THE FACTS B4 YOU GO SAYING I THINK MY VACATION IS MORE IMPORTANT THAN MY SON!! I HAD EVERYTHING WORKED AND PLANED AROUND MY SON THE MOTHER WHO FILED AFTER BEING SERVED BY THE D.A. MADE THIS A ENCONVIENCE FOR MY PRE PLANNED TRIP. SO NO A VACTION IS NOT MORE IMPORTANT THAN MY CHILD!! READ THE PRE -POST THAT I HAVE ALREADY SUBMITTED EARLIER!! "YOU GOT SOME NERVE" TAKE THE TIME TO READ THINGS!

 

[LdiJ]

What is the name of your state?CALIFORNIA
LDIJ, YOU NEED TO KNOW THE FACTS B4 YOU GO SAYING I THINK MY VACATION IS MORE IMPORTANT THAN MY SON!! I HAD EVERYTHING WORKED AND PLANED AROUND MY SON THE MOTHER WHO FILED AFTER BEING SERVED BY THE D.A. MADE THIS A ENCONVIENCE FOR MY PRE PLANNED TRIP. SO NO A VACTION IS NOT MORE IMPORTANT THAN MY CHILD!! READ THE PRE -POST THAT I HAVE ALREADY SUBMITTED EARLIER!! "YOU GOT SOME NERVE" TAKE THE TIME TO READ THINGS!

Look dude.....if I were in your situation I personally would cancel my vacation and concentrate my efforts on dealing with the legalities regarding my child. Taking a vacation would be the last thing on my mind. If that offends you I then you and I have different views on parenthood. I honestly don't think that I would have even PLANNED a vacation (other than the time off work) in the middle of a situation like yours....but hey, I put parenthood first.

In fact...if I had court proceedings that fell during a planned vacation from work...I would be PLEASED that I didn't have to take off from work to handle legal matters. I HAVE read your story. I do understand that you have a problem. However you have chosen not to answer some important questions so I don't know who really is the "bad guy" in your situation. So answer the questions and you will get better help.

 

[chazzajo]

My vacation was planned a year in advance, before any of this began. We do have different views and opinions, but we are not here to discuss my vacation and when I do or do not take time off from work. Let me clarify a little, if I filed a child visitation case in San Diego (where I currently reside) and my son's mother (who resides in San Bernardino) has NOT showed up to mediation and to 2 court dates in San Diego forcing the DA to get involved and serve her (Feb 22 is our court date). She has now filed a child visitation case and a restraining order in San Bernardino, AFTER she was served from the DA's office, how do I go about this? Do I still attend mediation in San Bernardino on February 4th and explain to them that we already have an open case in San Diego, supply them will all the necessary paperwork or do I just go to the court date that I was assigned to in San Diego? LDIJ, there are 3 sides to every story. I am not looking to point fingers or to say who is wrong or right. I just need some advice on what I should do. I have tried calling both courts and have asked many people for advice but to no avail. I just want to see my son whom I have not seen in 7 months and whom I support financially and have no access to. You do not know the situation and cannot judge wether or not I put parenthood in first place or in one hundredth place. If I was not a good parent, I would not care wether I saw my son or not!!! I filed for visitation rights and she did after the fact, just to inconvenience me, like she said she would. If you can give me advice without judging me, that would be great if not, then have a nice day and thanks!

 

[casa]

My vacation was planned a year in advance, before any of this began. We do have different views and opinions, but we are not here to discuss my vacation and when I do or do not take time off from work. Let me clarify a little, if I filed a child visitation case in San Diego (where I currently reside) and my son's mother (who resides in San Bernardino) has NOT showed up to mediation and to 2 court dates in San Diego forcing the DA to get involved and serve her (Feb 22 is our court date). She has now filed a child visitation case and a restraining order in San Bernardino, AFTER she was served from the DA's office, how do I go about this? Do I still attend mediation in San Bernardino on February 4th and explain to them that we already have an open case in San Diego, supply them will all the necessary paperwork or do I just go to the court date that I was assigned to in San Diego? LDIJ, there are 3 sides to every story. I am not looking to point fingers or to say who is wrong or right. I just need some advice on what I should do. I have tried calling both courts and have asked many people for advice but to no avail. I just want to see my son whom I have not seen in 7 months and whom I support financially and have no access to. You do not know the situation and cannot judge wether or not I put parenthood in first place or in one hundredth place. If I was not a good parent, I would not care wether I saw my son or not!!! I filed for visitation rights and she did after the fact, just to inconvenience me, like she said she would. If you can give me advice without judging me, that would be great if not, then have a nice day and thanks!

The thing you are missing here is IN WHAT COUNTY IS THE CURRENT ORDER?? If YOU live in San Diego that doesn't mean that's the correct county to file in (that has jurisdiction) If the ORIGINAL order is from San Bernadino than your X filed correctly. If the ORIGINAL order is from San Diego and your X moved to San Bernadino since then, but you remained there and filed there~ Then you did file correctly.

We are trying to find out who has jurisdiction~ The reason you are getting the run around with people you call, is because they probably are unsure who has jurisdiction as well.

WHAT COUNTY was the ORIGINAL order issued in?

 

[kittien2000]

The way that I read this is that there is NO ORDER as of yet. That his filing in San Diego was an initial filing. That the mother then filed in San Bernardino where she and the child reside. I could be wrong but who knows. Possibly the poster could type in lower case and start from the beginning with all the facts and then there would not be anymore confusion.

 

[chazzajo]

to all that wanna help,
everything has been done in san diego so far including my divorce. she has always resided in san bernadino. my son's attorney who is in san diego told me san diego has juristriction. quick view of my jsutice , oreder to show cause or motion : oct 20,2004. mediation date nov 24 2004 (mother did not comply) even with a phone mediation.dec. 8 2004 (mother did not show) next court date jan. 12.2005 ( mother no show) court appoints attorney to rep.minor in matter at issue in this case. during this time lawyer tries to contact mother , mother rude and abbusive , hangs up and changes # following day. next court date jan 12,2005. on this day attorney files and request mother appear and minnor be pressent before the court on the 22nd of feb. d.a. agreed to locate and serve the osc & any temp. orders on mother. d.a. calls me and attorney , informs us mother has been sreved . 2 days latter she files a restraing order and child visitation with the county of san berandino . and states in her paper work she has no ideal of any case pending any where else!! now they exspect me to be happy to have to go to mediation in san bernadino ( where they have no phone mediation ,unlike san diego)

p.s.
what do they do when a person files and claims not to know of any cases pending, and they discover she has been subpoena by the d.a.
is there any punishment . or is only men / dead beat dads that go to jail??

 

[rmet4nzkx]

If you have been served with papers for a restraining order, resond to those ASAP and file a motion to dismiss, exlplaining that the restraining order was meant to prevent lawful court orders which it cannot, interfere with visitation and provide your proof. In SD file for contemp of court. Go on line and see if your case is available and print out the case history and sent that to San Bernardino and explain that there is another case pending, if not, get copies from the court of the case history which will show the filing dates, service, FTA etc, and that Jurisdiciton is SD not SB and show she has been served and was /FTA, ask to have the mediation droped from Calander in SB and for her to appear as ordered in SD. Inform them the child has a GAL in SD. Which branch/department in SB?

 

[chazzajo]

What is a GAL?

Thanks for your advice. What is a GAL?

 

[rmet4nzkx]

Thanks for your advice. What is a GAL?

Guardian ad Litem, you said your child has an attorney, that is usually called a GAL, they look after the child's best interest. You know you may want to request a EC 730 evaluation because of mom's flaky behavior. How old is your child?

 

[chazzajo]

sons age

my son is 8 he'll be 9 this yr.

 

[chazzajo]

case on line

my case is in san diego how can i find out if i can obtain it on line ?? and who do i go threw to file , contemp of court?

 

[rmet4nzkx]

my case is in san diego how can i find out if i can obtain it on line ?? and who do i go threw to file , contemp of court?

http://www.sandiego.courts.ca.gov/superior/index.html

 

[stealth2]

Now that you've finally laid things out a bit more clearly - if I were in your shoes I would certainly appear in SB both for the mediation AND the hearing with all of your paperwork indicating that there has been a prior filing that she lied about. Yes, that screws your vacation plans, but I personally wouldn't take the chance of not being there myself.

 

[LdiJ]

Now that you've finally laid things out a bit more clearly - if I were in your shoes I would certainly appear in SB both for the mediation AND the hearing with all of your paperwork indicating that there has been a prior filing that she lied about. Yes, that screws your vacation plans, but I personally wouldn't take the chance of not being there myself.

Also, if she and the child have ALWAYS lived in SB county, then its not guaranteed that SD county has jurisdiction even if you filed first. I see some possible problem there.