URGENT HELP NEEDED

[MISHELLE]

Soc,
   fiance received a call yesterday from a judge in FL stating that he is ordering him to return child to mother in FL this weekend, we are in CA, fiance' was not served any papers whatsoever before phone call, according to clerks office in Fl, bm filed emergency motion for return of child that day,
 1. Doesnt fiance have right to be served before a judge can rule on anything?
 judge says that he doesnt care that neither father or mother have court order stating custody that child has been with mother for school years in past and she should have her this year to so he's ordering her return, but he did not order a temporary custody order, or make mother file for custody.
 
2. is this legal?
 
I am praying you or someone here  knows FL law.
thanks
 michelle

[socrateaser]

>Soc,
>   fiance received a call yesterday from a judge in FL stating
>that he is ordering him to return child to mother in FL this
>weekend, we are in CA, fiance' was not served any papers
>whatsoever before phone call, according to clerks office in
>Fl, bm filed emergency motion for return of child that day,
> 1. Doesnt fiance have right to be served before a judge can
>rule on anything?

I gave you specific advice. You evidently ignored it entirely, otherwise this would not be happening. A judge can make an ex parte ruling based on a showing of irreparable harm to a party or the child. And, judges frequently overstep their authority and order things ex parte without such a showing. However, the FL court has no jurisdiction over YOU, at the moment, so while it can order the child returned and issue a bench warrant ordering that the child be returned, the court cannot order YOU to return the child.

But, you may get a visit from the local sheriff's office, or children's services.

> judge says that he doesnt care that neither father or mother
>have court order stating custody that child has been with
>mother for school years in past and she should have her this
>year to so he's ordering her return, but he did not order a
>temporary custody order, or make mother file for custody.
>
>2. is this legal?

judge can order whatever he likes. You have really messed up, now, cause a judge has gotten jurisdiction over the case in FL, and he's pissed at you already. You could have avoided all this by doing what I told you to do, which was to file for custody in FL.

Oh well, live and learn.