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restraining orders dont mean anything

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M

monica_d

Guest
What is the name of your state? california
they gave my kids to my abuser !!:mad:
 


I AM ALWAYS LIABLE

Senior Member
monica_d said:
What is the name of your state? california

they gave my kids to my abuser !!


=======================================


My response:

Which probably means they didn't believe you or, you were the worse parent or, there was some other reason and "the best interests of the children" was not being with you or, you were basically an "unfit" parent.

IAAL
 
M

monica_d

Guest
Not at all he had court orders from Arkansas and the police chose to listen to them instead of mine! And he is an abuser!
 

I AM ALWAYS LIABLE

Senior Member
monica_d said:
Not at all he had court orders from Arkansas and the police chose to listen to them instead of mine! And he is an abuser!


My response:

"And he is an abuser!"

Those words are completely meaningless without explanation or description - - so please, if you need help, and you make statements, you're going to need to tell the story (short) behind such statements.

Okay, he already had a court order from Arkansas - - which means that a court has already ruled that he was entitled to custody. So, undoubtedly, you ran with the kids to California, and he had to track you down.

But then, I'm only speculating because, again, you have given absolutely no details.

Why are you writing to these forums?

What do you want?

IAAL
 
M

monica_d

Guest
Ok here it is I was in the relationship for 11 years I have been in many batterred women shelters and have not been able to get away. We lived here in California until 2 years ago he promised a better life for me and my kids and said that he would change.
We moved there and it got worse I finally got a job and was able to get more stable in my life for once and then he started to abuse my children not that beating in front of them is not abuse but he grabbed my 8 year and wailed on him I reported it then went another shelter and then got into my own place he never paid a dime in child support I did it financially on my own I came back to California and my job relocated me I file a restraining order right away they granted him custody less then 20 days ago he showed up a tmy house with the police and they gave him the kids.
So my restraining order meant nothing the police said to me!!
 
M

monica_d

Guest
TO STEPHENK

BUT the court here would not let me file any paperwork until I established residency here
 

stephenk

Senior Member
that's right. you should have filed for divorce and custody in the state you were living in before you moved to California.

now you need to fight the custody order your hubby got. Were you ever served with the custody order before the kids were taken? Is it a temporary custody order until a hearing is set?
 

stealth2

Under the Radar Member
monica_d said:
BUT the court here would not let me file any paperwork until I established residency here
That's absolutely right... Whoever advised you to go back to CA before you had custody papers in hand did you a great disservice. The TRO you had didn't give you the legal right to take the kids out of state. The police had absolutely no choice. Unfortunately, now a judge is going to be very wary of giving you custody because you've shown that you're a flight risk. I don't know what to tell you besides move back to Arkansas, get a lawyer there and see how this mess can be sorted out.
 
M

monica_d

Guest
mamma_tiger

I dont have any family there and I have a very good job here and I have to establish residency there again! I cant do that he should have never gotten my children he IS going to hurt them I have called all resources in arkansas to make sure that they are safe.I feel like dying my babies are gone I need to find out how to get them back.
 

stealth2

Under the Radar Member
The only way you're going to do that is by following the right channels. You can talk to a lawyer in CA, but even if you file there CA can't do anything because jurisdiction is in Arkansas. You will *have* to have a lawyer there. Depending on how long you've been in CA, you may still hold Arkansas residence. But there's no way you're going to get around having to do the legalities there. And you're going to have a very long, uphill battle. I don't know what else to tell you - you made a huge mistake, and it's going to take a lot of work to even have a chance at fixing it. I'm sorry.
 
K

KCMR

Guest
so he went and filed custody already? was this a temporary order? Will there be a hearing scheduled?
If not:
Can you petition the custody order...and request an emergency hearing?

How long has this been? Have you talked or had any contact with your children?
 
M

monica_d

Guest
to Arrici

calif
no this was not a temp order I kept going to court to get him served for the last 6 months I finally got him served He filed for custody in May I left him in Feb relocated to california in April this has been an ongoing battle for dafety for my children and I
I guess I am the one stupid person in this picture for staying so long and going back after empty promises by him.
 
K

KCMR

Guest
I'm not concerned with how stupid you may or may not be...clearly if he is abusing your children the only imbicile here is him. Read my signature...sometimes you make the right decision and sometimes you have to make the decision right.
You made a wrong decision...let's make it right.

You said:
"no this was not a temp order I kept going to court to get him served for the last 6 months I finally got him served He filed for custody in May I left him in Feb relocated to california in April this has been an ongoing battle for dafety for my children and I"

Ok...so I am going to put my reading comprehension to the test here...this is not a temporary order? What does the order say? You have no rights to custody at all? Visitation...nothing? typically that would not be the case if this order were permanent.

So let me get this straight...
You left him in Feb (of this year), went back to cali in April, and then he filed in May (and he has had the kids ever since May?)

I'm sorry to be such a pain in the butt...but I am trying to see what the next step for you should be.
 
M

monica_d

Guest
to aricci

I have had the children withme the whole time whenever I have left him I took the kids with me he never asked for the kids before
 

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