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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118182
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My daughter-in-law took their 3 year old child out of

Customer Question

my daughter-in-law took their 3 year old child out of California to Oregon and file a restraining order against my son on the day of our first court appearance. The day after she left he filed for divorce and child custody. Our first court date was that next Tuesday we have had 3 court dates in California she has refused to come back to cal. even when court ordered. Because she was no longer a resident of Oregon (lived in California for 2 1/2 years with child) the only thing she could do was a temporary restraining order stating reasons she was afraid for herself and the child. The judge has helped her with this. There is no truth in the accusations. He was given legal temporary custody in Cal. but we cannot get the child back to Cal. We have been to Org. twice and have been denied the right to see the child. But he was granted a 4 hour supervised visit on 9/26/15 in Org. My question is what can be done to make sure the child is being properly looked after? she is neglectful and she was the one constantly spanking the child for the littlest thing like pooping in her diaper when trying to potty train. I watched the child a lot while my son was away at work. We have attorneys in both states but its just been back and forth and nothing is being done to protect the child.
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Until the courts battle this out, since CA is the court with proper jurisdiction as your attorneys should be telling you, the only way you can insure the welfare of the child is if you have evidence of her not properly caring for the child or spanking the child, then you would need to turn that over to child protection in Oregon. You should not involve child protection unless you have evidence of a danger to the child though, because their social workers are highly incompetent and negligent and they form biased opinions and if she convinces them as she did the Oregon judge that he did these things she said to get the restraining order, the social worker could have an immediate bias and then would make up whatever evidence they can to keep the child from your son.

While I know you want immediate action, you need to let the attorneys work this out in the courts unless there is an immediate danger to the child and report to Child Protection only as a last resort.