Temporary emergency court order

[kristas gma]

What is the name of your state (only U.S. law)? California
I helped my daughters best friend file for visitation of his 5 month old daughter. The mother was creating alot of drama and refusing to let him see her. He had also gotten the information that she was trying to leave the state. He was awarded a temporary emergency court order that said she could not remove the baby from the state. She was served the papers on a Monday night and proceeded to move her daughter to Washington the day after, on Tuesday. What happens now? Does he go to the court house and inform them? He cannot afford an attorney so we were trying to do this on our own. Can she go to the courts in washington and file her own papers to get the case heard up there?


Thank you for any advise you can offer

 

[Ohiogal]

What is the name of your state (only U.S. law)? California
I helped my daughters best friend file for visitation of his 5 month old daughter. The mother was creating alot of drama and refusing to let him see her. He had also gotten the information that she was trying to leave the state. He was awarded a temporary emergency court order that said she could not remove the baby from the state. She was served the papers on a Monday night and proceeded to move her daughter to Washington the day after, on Tuesday. What happens now? Does he go to the court house and inform them? He cannot afford an attorney so we were trying to do this on our own. Can she go to the courts in washington and file her own papers to get the case heard up there?


Thank you for any advise you can offer

Hopefully by helping him file you mean hired a lawyer and you didn't practice law without a license. YOU can't do anything at all. YOU can't help him except by hiring an attorney. He needs to do it himself. He can file a motion informing the court that she has fled the state and asking for an emergency order.

 

[Proserpina]

What is the name of your state (only U.S. law)? California
I helped my daughters best friend file for visitation of his 5 month old daughter. The mother was creating alot of drama and refusing to let him see her. He had also gotten the information that she was trying to leave the state. He was awarded a temporary emergency court order that said she could not remove the baby from the state. She was served the papers on a Monday night and proceeded to move her daughter to Washington the day after, on Tuesday. What happens now? Does he go to the court house and inform them? He cannot afford an attorney so we were trying to do this on our own. Can she go to the courts in washington and file her own papers to get the case heard up there?


Thank you for any advise you can offer

OG is perfectly correct.

But I'll add to it. CA is much more relocation-friendly than many states, and apparently much moreso in recent years. In other words, Dad might have a battle on his hands if Mom plays the right game.

In the event that Mom is allowed to relocate the child, Dad can request that Mom is responsible for travel costs since she is creating the distance.

 

[single317dad]

What is the name of your state (only U.S. law)? California
I helped my daughters best friend file for visitation of his 5 month old daughter. The mother was creating alot of drama and refusing to let him see her. He had also gotten the information that she was trying to leave the state. He was awarded a temporary emergency court order that said she could not remove the baby from the state. She was served the papers on a Monday night and proceeded to move her daughter to Washington the day after, on Tuesday. What happens now? Does he go to the court house and inform them? He cannot afford an attorney so we were trying to do this on our own. Can she go to the courts in washington and file her own papers to get the case heard up there?


Thank you for any advise you can offer

The friend needs to move forward with his case in CA, not in WA. As stated previously, he needs to do this HIMSELF or through an attorney. That's just how things work. One step toward handling his own case would be to create his own account here and ask his own questions, providing the information requested by board members to give informed advice.

 

[CdwJava]

He needs to notify the court of the violation of the court order. He might also consider contacting the police. Given the current budget situation in most agencies, they may not do anything about it, but if he has proof to show she has actually moved in violation of the court's order, then that is a crime. But, it is a misdemeanor and CA will almost certainly not extradite her for it.

However, what I have often seen in these situations is that the served party has arranged with the court to return on the hearing date and they have waived the part about not to leave the state. And, since it is likely that legal paternity has not yet been established, the police and the courts may be reluctant to act until such time as she misses the hearing date.

He needs to provide notice to the court of her violating the order and contact the police to see if they will take a report and investigate. He should also consider getting an attorney. He will have a very difficult time trying to fight this if she files for custody in another state without one.