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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35332
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Thanks. I and my ex live in los angeles california. We have

Customer Question

thanks. I and my ex live in los angeles california. We have a minor daughter who is 9 years old. Our custody/divorce settlement docs which were signed by the judge and made into an order state that I am to be the sole custodian of our daughters passport. My ex is making noise about going to Morocco and taking our daughter with her. She has tried to abduct her before but the judge admonished her then did nothing further. Our daughters passport was renewed and my ex intercepted it in the mail and has hidden it. Question 1: Did my ex steal the passport since it was supposed to come to me and be in my custody and 2: what remedies are available for me?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Los Angeles California
JA: Have you talked to a lawyer yet?
Customer: you are the first
JA: Thank you.
Customer: My ex took the passport and refuses to give it to me despite the court order we and the judge signed
JA: Anything else you want the lawyer to know before I connect you?
Customer: not that I can think of what state is he in?
Submitted: 2 months ago.
Category: Family Law
Expert:  LawTalk replied 2 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

If the passport was mailed to your residence and your ex doesn't live there---then she committed a crime of mail theft. You need to notify the Postmaster of the crime so they can investigate,

You can File an Order to Show Cause and Affidavit of Contempt against you ex and get the court to find her in contempt and to immediately order her to turn the passport over to you. Here is a link to that Motion: http://www.courts.ca.gov/documents/fl410.pdf

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug