Runaway 15 YR OLD

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Pilgrim6171

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My story is long and complicated, but to try and shorten it, I was granted custody of my 2 children several years ago because my x-wife left the country illegally taking the children with her. She was brought back to the states and placed in jail. When released, she tried to hire an FBI agent to kill me and was arrested for that. Now she is serving time in prison for this. When my 15 yr. old daughter doesn't get her way with things, she runs away. She has now run away, with the help of my x's family to CA. My x's sister has filed for an emergency guardianship in CA to get custody of the girl. I have tried to file an emergency motion in Orange County, FL (this is the court who has jurisdiction over this entire case) to bring the child back to FL, however the judge here says he does not classify it as an emergency, so not sure when the case will be heard. Meanwhile, the emergency hearing in CA will be coming up on August 29th.
I have exhausted all funds with legal battles over the years. Can anyone please help me with advice.
 
Can the family member who has taken her in be charged criminally for anything? Maybe contact the police department there and ask what are your options regarding this matter.
 
I have done that and the law says to just wait until the hearing on the 29th. I was the one who had to call the police dept. in CA to check out the address of the aunt to see if the child was there. Law enforcement here just took the initial runaway report without following up on anything. I talked with someone on the case in CA yesterday and they could not understand why I have not been contacted by CA regarding this.
 
Why would they want you to wait if the aunt has broken the law. Tell them you don't want to wait that you want to file charges against them because they will not return your daughter. Would they consider it kidnapping? What charges did they say you could file? Interferring with a child custody order? Insist, because if you wait and the court sides with the aunt it may be too late after. Talk to the supervisor of whoever told you to wait and if they won't help talk to the next higher up and so on.
 
I can't prove how she got to CA. She ran away in the middle of the night and turned up in CA. She had no money and only took a few of her belongings. She left on a Thursday and was in CA on Saturday, so she had to fly, but can't prove anything.
 
The fact they won't return her is interferring with a child custody order. Do you think the daughter will accuse you of things so that she won't have to come back? Do you have a lawyer to represent you in CA?
 
Yes, I think that will and has happened. She has tried that in FL several times when she doesn't get her way (no cell phone and no myspace) and we have been checked out by DCF, have had a guardian ad-liedem appointed to the case and everything else imaginable. She knows that the courts here are aware of her games, but CA has no idea what has taken place over the years. This has been going on for years and started out in Polk County and transferred to Orange Co. (my residence) when the X-wife was incarcerated. Seems like she has more rights from prison than I have on the outside. I'm at my wits end and don't know where to turn to.
 
Well, I am very sorry for your troubles. Take all your paperwork from Florida with you to show the court what you have been going through. Good Luck. Have your tried finding a father's support group in your area? Look on-line. They sometimes have a lawyer on staff that helps/volunteers with father's so as they don't lose any of their parental rights.
 
Pilgrim6171 said:
Meanwhile, the emergency hearing in CA will be coming up on August 29th.
I have exhausted all funds with legal battles over the years. Can anyone please help me with advice.
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Unless you can appear, or can have an attorney appear on your behalf, it is very likely that the judge will grant the order.

I read where you just now reported the runaway to police ... had you reported it before she applied to the court, it would have been easier to act. Now, it can be argued that you are reporting her as a runaway just to try and cover yourself or get some leverage. Waiting for a few days to make the report is never a good idea. In this case it may have made the difference between criminal charges for family and/or the return of the child, and nothing.

Since apparently the family applied for temporary custody prior to the runaway report, it is unlikely that the aunt will be charged out here in CA with a contributing to the delinquency charge ... at least not until the hearing. The family out here MAY be operating on the presumption that this is in the best interest of the minor and she may have the family snookered.

You really do need legal representation in CA.

- Carl
 
The report was made immediately after she was discovered missing (she ran away during the night and the report was made in the morning when I called her for breakfast and she was not in her room). This was before the report was made for temporary custody in CA. Can you tell me if the airlines would have to give me information as to who made the arrangements and paid for her ticket to get to California?
 
You can certainly call the airline and find out if they will tell you, but you may have to call a lot of airlines. They probably won't tell you the info without your having the flight info already, but you never know. And if you threaten legal action because they allowed an unaccompanied minor to fly without proper parental confirmation, you might shake something loose, but you'll be shooting in the dark.

Any luck on a CA attorney? Do you know what county will be hearing the matter?

- Carl
 
I have exhausted all resources for finances over the years, fighting this and I have no money left for an attorney. The child is in Burbank, CA which I believe is Santa Clara County.
 
Pilgrim6171 said:
I have exhausted all resources for finances over the years, fighting this and I have no money left for an attorney. The child is in Burbank, CA which I believe is Santa Clara County.
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Without an attorney or someone at this end acting as your advocate, your chances of prevailing are slight. You might consider a call to the Los Angeles County District Attorney's office and ask to speak to someone about this incident.

Burbank is in L.A. County - Santa Clara County is about 350 miles north of there.

- Carl
 
You may need a supoena from the court to access the airlines records.
 
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