SPARC Forums
Main Forums => Dear Socrateaser => Topic started by: sonnr2 on Jun 10, 2004, 03:07:08 PM
Jurisdiction and denied visitation
Dear Socrateaser,
California.
I am the non-custodial parent.
I live in county #1 which had jurisdiction of our visitation agreement outlining the exact details of how custody exchanges take place. The children live county #2 and the exchange takes place in county #3.
After three denied visitations, I asked the police, (civil stand by for the custody exchange in county #3) to file a criminal report.
The county #1 District Attorney rejected it for the stated reason They did not have jurisdiction. At the time it was rejected we were still in county #1 Court fighting about summer visitation (yet again).
1. If we were still hearing motions and contempt orders in county #1 Court, why wouldn't county #1 still have jurisdiction to move on this criminal report?
2. Who has jurisdiction in these kinds of long distance visitation issues?
3. How do I press the charges now? Who should I call and what do I say?
>1. If we were still hearing motions and contempt orders in
>county #1 Court, why wouldn't county #1 still have
>jurisdiction to move on this criminal report?
Jurisdiction over criminal actions belongs to the DA in the county where the incident occurred. The incident occurred in county #3, therefore county #3 DA has jurisdiction.
>
>2. Who has jurisdiction in these kinds of long distance
>visitation issues?
See #1, for criminal issue. For contempt, you file a motion, and submit evidence proving willful violation of the court order.
>3. How do I press the charges now? Who should I call and what
>do I say?
Maybe you're a little confused. Refusing to transfer custody is not a "crime," i.e., not a prohibited action for which the State demands a punishment to vindicate the People of the State of California (or, as Arnold would say: KaLEEForNIa!).
Your remedy is a contempt motion. The sheriff from county #3 should have made out a report of the incident, if the incident took place there. If it was necessary for you to go to county #2 in order to obtain the children, then you could have asked for #2 sheriff to assist you in enforcing your custody rights, and then #2 sheriff would have to file the report.
When you move for contempt, you will need to subpoena the sheriff who wrote the report, to testifyat court in county #1.