Legal Question in Family Law in California
My father and his ex-wife are divorced, they had to children as a result of their marriage. My father moved out of the state of California to Texas for work. In the summer he picked up my sibling to visit, his ex-wife let the children leave and law enforcement was there when she allowed the children to leave. While my younger siblings were visiting my Father was informed of their mistreatment by the mother. (i.e. no clothes that fit even though they were recieving child support, failing grades in school, baby sat by a woman who was admitted into the mental ward on numerous occasions, verbally, mentally and emotionally abused). The children begged my Father to let them stay because they were afraid to return to their Mother. My sister is 12 years old, my Father asked the mother to change custody so the children could stay with him. She refused. The children then refused to return to her. The mother went to the court and filed and OSC to have the children returned for the new school year. The children again flat out refused to return. Since the Mother let them leave with no court order prior stating the return of the children, do they have to return? The mother then filed for child abduction with the D.A. of Los Angeles and my father is now facing felony charges for "abducting" the children. Is this legal?
1 Answer from Attorneys
Your father made a big mistake. The mother does not give up her right to enforce a valid court order just because she lets the father take the children out of state for a visit. She has an order for custody to her. She can allow a visit and then go back to the order. She doesn't lose the right to the order, and the situation in the mother's home doesn't give your father the right to disrespect the valid orders of a court of law. That is called Contempt of Court. When the mother refused to modify the custody arrangement by agreement, your father had to go to court and ask the judge to change it. When he didn't do that and instead just did what he felt like, no matter how justified, he committed a crime. A 12 year old can't "refuse" to go back to their mother if the father and mother force her, so that is no excuse. The saddest part is that now he may never get the kids because no matter how bad the mother is, she didn't commit felony child abduction.
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