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Author Topic: CA,,FL issue update  (Read 1022 times)

mishelle2

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CA,,FL issue update
« on: Jul 19, 2006, 08:08:46 AM »
Soc,

Not sure if you remember, so heres a few basics, had custody case in Fl I (dad) live in CA, after a year and half FL gave case the boot and said CA should have juris...  so I filed in CA where I live, had initial hearing, judge granted what I asked for and ordered mother to immediately pay me for childs airline ticket to return to FL and ordered mediation.

I set date for mediation, bm refused to check in, her attorney says she doesnt know whats going on she cant get ahold of her client, in the mean time bm only calls 1 every 2 weeks, to speak with child. Now she has only spoken to her twice in 4 1/2 weeks,
Submitted papers to judge to reorder mediation (as per local rules)  judge ordered mother did check in but attempted to change date of mediation, they refused, bm still has not paid for return flight, mediation is tomorrow, child is supposed to leave Sat.  

My atty told her atty June 10th that if payment is not received prior to childs leave, child will not be on plane.  I have attempted to talk to bm on the rare occaseion when she calls, but everytime I get on phone she hangs up.

Im not even sure if bm will call in to mediation .. but we'll see.

Questions
1.What are my options?

2. Can I get in trouble if she is not on flight?







socrateaser

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RE: CA,,FL issue update
« Reply #1 on: Jul 19, 2006, 08:53:59 AM »
>Questions
>1.What are my options?

File a motion for emergency sole custody on Monday, under the UCCEJA, on grounds that the child's FL parent has failed to provide return transportation or adhere to the pending court orders in the current custody action, and that you will suffer irreparable harm if your request is not granted, because of the uncertain state of your legal rights to retain the child past the visitation deadline.

>
>2. Can I get in trouble if she is not on flight?

I don't see how. CA has jurisdiction, and the mother has no way to force the child's return without the court ordering it. And, the court will not order it unless the mother starts playing by the rules.

You've got big leverage now, so use it.

 

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