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Child Abduction :: Court Order :: Steps that you can take
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STEPS THAT YOU CAN TAKE
Some of the steps that you can take to help enforce your own order and alleviate some of the above problems are as follows:
- Exchange a detailed written schedule of visitation which includes the date, time and specific place of pickup/return pursuant to the current Court Order. (Verbal agreements to change terms of the custody or visitation order are not enforceable). If you feel the Court order needs to be changed to meet the needs of both parties and the child, you must file an Order to Show Cause hearing to modify the order with the Superior Court to bring the matter back in front of the judge for a new order. This will require attending mediation again.
- Keep good records, including a written diary of all contacts you have made concerning visitation. This will be especially important should you decide to file a civil contempt action against the offending parent (see #5).
- When a violation of the court order occurs, make a report with the law enforcement agency which has jurisdiction over the place where you reside (Penal Code section 784.5). The report should be made for the crime of violation of section 278.5 of the California Penal Code.
- If you are being denied visitation or contact with your child, and you know the address where the child is staying, write a “demand” letter to the other parent demanding that you see or be able to contact your child pursuant to the order. Give a specific date and time when this should happen. BE REASONABLE. Send this letter using U.S. Postal Form 3817 (it is titled “Certificate of Mailing”; there is NO green return card; it is a mere receipt). This form costs fifty-five cents plus postage and gives you a record that you sent a letter. If this fails to work, make a crime report to your local law enforcement agency for violation of section 278.5 of the California Penal Code, and ask that a copy be forwarded to the District Attorney's Child Abduction Unit.
- If one party repeatedly violates the custody order, and reasonable attempts to come to an agreement cannot be reached, you may consider a civil contempt action in the Superior Court. This action is filed in the same action as the custody case and is called: Order to Show Cause Re: Civil Contempt. After a civil contempt is filed and served, the case will be heard and the court will determine if there has been a violation. If the Court determines there was a violation, sanctions can be taken against the offending party including fines and/or jail time. It will be up to the court to determine what sanctions will be imposed.
- If there are repeated problems such as one parent always being late, the Court order can be modified in such a way that each parent is given a reasonable time in which to pick up their child, or the court will order some penalty or condition for not following the order.
- In California, children are not allowed to make the decision as to who they want to live with, or whether they want to visit. Children need both parents and love both. It is up to you to try to encourage your child to visit the other parent pursuant to the order. If there are reasons where you fear for the safety of your child when they are visiting the other parent, or if they are being abused, you must bring the matter to the attention of the police, Child Protective Services (CPS) or other appropriate agency and/or court. You should then consider bringing the matter back to court, so that the court can be aware of the problems and make the appropriate order.
- If at any time you feel there is an emergency situation, call 9-1-1.
- If you have questions or need further assistance, call the Stanislaus County Child Abduction Unit at 558-8405. Some information can be provided over the phone, or an appointment will be scheduled for you to come in and talk with someone.
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