Jurisdiction and denied visitation

[sonnr2]

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?

[socrateaser]

>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.