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Ex is refusing to return minor child from court ordered

Ex is refusing to...

Ex is refusing to return minor child from court ordered visitation using false allegations of abuse as her reason. I need to know what steps I need to take next. I'm in california

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the court order was issued in?

California.

Lawyer's Assistant: Has anything been filed or reported?

She said the therapist filed a report with CPS stating our child had told her in therapy that my wife and I locked her in the car in the apartment garage for lying in school. Which is untrue. Ex also said she filed a police report.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am the Primary custodian. Ive had sole physical for child since 2013. ex is NCP with visitation every over Thursday 7pm to Sunday 7p

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Answered in 2 minutes by:
3/11/2018
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 123,228
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

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

If you have a court order, then you can ask the police to enforce the order. If the police refuse because CPS stuck their nose into this and are now involved, then come Monday, you will need to file a motion for order to show cause for contempt and bring your ex into court for refusal to return the child and seek not just an order returning the child, but if you prove the CPS claim is known false, you can collect your attorney's fees and sanctions as well and the court can order supervised visits only with the NCP.

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Customer reply replied 1 month ago
My wife called the CPS hotline and informed them of what was going on. The representative said to wait until the visitation time was over. If she didn't return her then to get the police involved. This all just happened over the weekend so CPS isn't involved fully yet, but the information has been sent to the social worker. The representative also said that CPS would not advise her to keep our child over the court order, but she said that 's exactly what they told her to do. It's such a ridiculous claim also. she has been manipulating our child for weeks now trying to get her to say she wants to stay with her. She was just a few days ago trying to pressue me into an agreement and I refused because of her behavior and how she has been treating our child.
Customer reply replied 1 month ago
Now this completely ridiculous accusation is on file and our child had been begging me this week not to make her go back to visitation. She even had me call my ex Wed to ask if she could stay home this weekend which my ex refused. I feel this is because she's been setting this up knowing our child had therapy yesteryday.Do I not file an ex parte?

Thank you for your reply.

Of course, CPS Social Workers are the most incompetent, negligent and abusive people you will deal with. It is no surprise without any investigation they would tell her that nonsense.

You would file BOTH an ex parte motion ordering return AND a motion for order to show cause for contempt and seek to punish her for her conduct by seeking sanctions against her.

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Customer reply replied 1 month ago
What forms would I need in order to file the ex parte?
She emailed me stating that she would not be returning our child and that she is giving me notice now that she is filing ex parte to keep her until the investigation is complete. How do I respond to this?
Customer reply replied 1 month ago
What happens if she gets to court before me to file this ex parte?
Customer reply replied 1 month ago
Also, how can the police enforce the order and insure that my child is returned to me? I'm very worried about her and leaving her with my ex for any longer will just lead to more manipulation and coaching by her to keep this lie going.
Customer reply replied 1 month ago
I filed an incident report with police. They went to her house and she refused to give our daughter back. They told her she was in violation of the court order and checked that my child was ok before informing me of the outcome.

Thank you for your reply.

If she files an ex parte temporary order, you need to file an objection to the ex parte and explain how the charges are fabricated.

The police could enforce whatever current court order is issued, it is up to the officer coming out whether or not they will enforce the court order or believe her story. So if she refused to cooperate with the police, you file:

http://www.courts.ca.gov/documents/fl410.pdf

http://www.courts.ca.gov/documents/fl305.pdf

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Customer reply replied 1 month ago
the police did not make her return our daughter. I have prepared an objection to her ex parte, bc of these facts and also because of improper notice. I am filing my ex parte on Tuesday. Which I have notified her of. However, I don't know if it needs to be filed to enforce our custody orders OR to modify orders.

Thank you for your reply.

I would try to file it today if possible, no need to wait until Tuesday. It needs to be filed to enforce your orders. In the contempt motion you ask as a penalty for contempt for supervised visitation only.

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Customer reply replied 1 month ago
Do I check to get temporary custody orders and Other then write in Enforce Custody and Visitation Order?
I'm confused about what I'm asking for in ex parte. I'm also filing contempt and an rfo to modify custody. Should I not do modifications in the ex parte?

Thank you for your reply.

You need to check other and write enforcement of custody/return of custody.

In the separate order to show cause for contempt, you would ask for supervised visitation as sanctions for the contempt.

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Customer reply replied 1 month ago
Ok. Do I request the same custody and visitation orders that we have in place now and reflect that in the FL 300/FL305? Or do I not check anything about custody and only check boxes 2 (a, b, and d) which would state the current order and box 10 which are the facts supporting why I wanted emergency orders in place to enforce current order and return our child?

Thank you for your reply.

You request enforcement of the CURRENT ORDERS in the ex parte. Do not ask for anything new in the ex parte motion. Save that request for your Order to Show Cause which you will file separate from the ex parte. Do the ex parte first and then you would file the order to show cause and in that motion you request the change.

Law Educator, Esq.
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