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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 2893
Experience:  30 years of experience
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My daughter and son-in-law have split up after 16 years of

Customer Question

My daughter and son-in-law have split up after 16 years of marriage. He is living with his girlfriend she is living with us, her parents. They have two girls together ages 10 and 6. They had agreed on a 50 50 visitation schedule verbally while they go through the paper work for a no fault divorce. She took the girls to be with him as per the schedule that htey have been doing now for months. Suddenly he doesn't want to give the girls back and will not let her see them. What is her recourse as he has denied her access and has cut off communication between the girls and my daughter? She called the police but they said they could do nothing without a court order of some kind.
Submitted: 4 months ago.
Category: Family Law
Expert:  Gerald-Esquire replied 4 months ago.

Hello:

She needs to file for an emergency temporary custody/visitation order.

Here is the form that she needs:

FL-305 Temporary Emergency (Ex Parte) Orders - California Courts

The form is available on the Court's Self Help Website.

http://www.courts.ca.gov/1185.htm

She should do this as soon as possible.

Also, this is a sign that he will no longer be cooperative. While she can file this form herself, she should start looking for an attorney as soon as possible.

http://lawyers.findlaw.com/lawyer/practicestate/family-law/california

Good luk.

Kind regards,

Gerald

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