Abduction Orders

Child protecton  Lawyer Los Angeles Ca

Abduction Orders

If you believe that the parent of your child will be taking the child out of state or country without your consent then you must file for an abduction order.  This could be done on an emergency hearing. In this case, the court will order the child to stay in the county and should the parent take the child out of the county then the police can be summoned.  In child custody matters, this is important as every minute matters in which you are not with your child and you believe the parent will be abducting the child.  You should immediately contact a family law or divorce lawyer to handle the abduction order and be sure to get you a court hearing on the issue.

The state of California has jurisdictional elements that would prevent a party from being able to flee with the child once the proper paperwork is filed.  If you file a Petition for Dissolution or a Paternity Action injunctions are immediately in place to prevent the parent from leaving the state with the child.    In order for the parent to leave the state with the minor they would have to file for a move away hearing which is similar to a mini trial.  The Atighechi Law Group has won two move away hearings this year for our clients.  We are well versed in the area.

The country has an Uniform Jurisdictional Enforcement Act which pretty much means that the a committee of national examiners drafted “home state” requirements to determine which state is actually the child’s home state.  In CA, the child’s home state is where the child lives before the Petition for Paternity was filed or the Petition for Dissolution.  The home state then has continuing jurisdiction over the child.  If the child is taken out of his or her home state without move away orders from the court then the abduction orders can be enforced.

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