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Emergency Order Denied

Discussion in 'Child Custody & Visitation' started by AliceInChainz, Aug 18, 2019.

  1. AliceInChainz

    AliceInChainz Law Topic Starter New Member

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    Jurisdiction:
    California
    Ex took son ..won’t return. I filed emergency order with the court told them exactly what was happening. I have been completely cut off from my son. Raised him for 12yrs by myself with no financial support.
    I don’t get text or calls. I know they are at his parents. He even enrolled him in school. I have no idea where my son goes to school and he won’t tell me. I filed emergency order to get son back.. it was denied and set for trial. It’s a month away. Is there anything I can file to get the court to let me or force him to let me see my child before the trial? I haven’t seen him since he took him.

    We have no current custody order
    We had a mutual custody agreement in 2008 with me Primary (I know that’s not good)
    Then we had a restraining order giving me Primary Custody in 09’ but it was only
    “Interim orders”
     
  2. KatDini

    KatDini Well-Known Member

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    Time to focus on/prepare your case. You might want to find an attorney during this time frame.
     
  3. mightymoose

    mightymoose Moderator

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    Don't be discouraged that the order was denied, it just may not have met the criteria for an "emergency".
    There isn't much of anything you could do in a months time other than prepare as best you can to explain to the judge why you should be awarded the custody you are requesting.
     
  4. justblue

    justblue Well-Known Member

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    Does your son have a phone? If so call him.
     
  5. AliceInChainz

    AliceInChainz Law Topic Starter New Member

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    He did. Ex says that doesn’t work anymore. It was about month old. Just bought it for son on his birthday. He said “it just stopped working” I have no contact.

    Some one said if the orders made during restraining order were never changed that they are the only ones to go by Because they were never changed.. is this true?
     
  6. mightymoose

    mightymoose Moderator

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    Depends if the restraining order is still valid. When did it expire? It has been a long time...

    How long since you actually adhered to that custody order?
     
  7. army judge

    army judge Super Moderator

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    You're burning daylight and precious minutes asking people who can do nothing to improve your position, or help get your child back in your life.

    You need to HIRE a lawyer to see to it that your parental rights to your child aren't stolen from you.

    Tomorrow MORNING, please talk to at least THREE family law attorneys near you to discover just how you MUST proceed.

    You'll also need to make sure you are represented in each and every court hearing no matter where it is held.

    If you continue to just talk, ask questions, and wonder what happened; you'll only continue to be BLOCKED OUT, maybe even ELIMINATED from your child's life!
     
    leslie82 likes this.
  8. AliceInChainz

    AliceInChainz Law Topic Starter New Member

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    2011 it expired. I have since let him see son
     
  9. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Then at this moment there is no restraining order in place.
     

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