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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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Judge order my ex girlfriend through an ex parte temporary

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Judge order my ex girlfriend through an ex parte temporary order to bring my son back to texas and file child custody there. We have another review hearing on 11/9 and my ex is suppose to show the court that she file papers in texas. What happens if she did not file? Can I motion the court here in California to establish temporary visitation (like b'day which is 11/14 and holiday like Christmas)?

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Customer: replied 6 years ago.

yes

 

Thank you.

A TX court entered an order requiring your ex to return the child to TX? For what reason? You are in CA right?

Who originally filed the proceedings in TX?
Customer: replied 6 years ago.

No. California order my ex to file in Texas. My son was here with me from June 3 through October 22. She tried to take my son from my home when I was at work. When she was not successful in doing that you went to the courts here in Fairfield CA and got an ex parte hearing. Because my son was not out here at least 6 months the court order her temporary custody and was then order to file custody in texas under UCCJEA. Another review hearing is on 11/9. I have a feeling my ex is not going to do anything there in Texas. Was just a stunt to get my son back.

 

I see.

If she fails to abide by the court's order, then you can request that she be held in contempt of court and jailed until she does comply with the order.

Depending on the circumstances, you could file a petition for an emergency order of custody with the CA court, but since that court has already ruled that TX is the proper jurisdiction, then you should file any such orders there through a TX family law attorney.

Here is a link regarding the emergency process in CA:

http://www.courtinfo.ca.gov/programs/equalaccess/documents/NeedEmergencyCustVisOrder.pdf

Best regards,

Tina

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