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Stanislaus County Disctrict Attorney's Office
Child Abduction :: Court Order :: Denied Rights
  • Child Abduction :: Court Order :: Denied Rights

IF YOU ARE BEING DENIED YOUR COURT-ORDERED CUSTODY OR VISITATION RIGHTS:

It will be your responsibility to do the following:

  1. Make a crime report with the appropriate police agency and provide the CAU with the report number; Penal Code section 278.5 or 278.

  2. Provide a complete copy of the most current Court Order

  3. Complete and sign the CAU questionnaire

  4. If you have an attorney, provide the CAU with his or her name, address and phone number

What Happens Next:
In most cases, the CAU will attempt to resolve the custody and visitation issues without litigation. This is done in a variety of ways, including but not limited to, phone calls, letters, and personal contacts. Since each case is unique, our approach will differ according to the demands of your case. The CAU could also file a civil contempt or other action to bring the parties to Court.

In some cases, we may criminally prosecute the other party. At no time is the District Attorney representing you as an individual. You are a victim/witness. The District Attorney acts on behalf of the People of the State of California and/or the Superior Court. Since we do not represent you, there is no attorney-client relationship. Therefore, any information you provide the District Attorney=s Office is not confidential and may be subject to disclosure pursuant to court rules or District Attorney=s Policy. Your address and telephone number will not be released to the other parent without your authorization. The other party’s address will not be released to you without his or her authorization.

Other Options:
You can file a civil contempt action for violation of your child custody order. This is done by filing an Order to Show Cause Re: Contempt, with the Superior Court Clerk's Office. You will be required to go back to Court and present your case to the Judge. Although this is a civil procedure, the party found in violation could go to jail.

 
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