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How long has the child lived with the father in CA?
Thank you. The court order that is in place at this time, will still control. By that, I mean that if you were awarded custody of the children and now want her back, you can demand and continue to exercise that right. Of course the dad is going to argue that he has had the child for the past 8+ years and it is in her best interest to stay with him but right now, you have a court order that says she is to be in your possession and if he fails to return her, you could take action and seek to hold him in contempt of court for violating the court order and go so far as call the police, to try and step in, since you have an order and there were allegations of abuse.
Yes, it would. If she is required and it was ordered she live with you, she needs to be returned. If the father wants her, he would need to file a motion to modify this.