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Can grandparents pickup child? Ex stole my son days before we had to be in Berkeley. He is in Los Angeles. I can't afford trip.

Berkeley, CA |

My ex (never married) took my son out of my car and fled with him. However, the police did not return my son to me despite the current order stating he was to be in my custody until the following Friday. I have full custody he has visitation and he is now holding my son, and i quote from an email, "until the day 'I' believe he starts school or you can prove otherwise". The order states "the father shall have 8 weeks before the fall semester" and "the child shall remain in mother's care all time not designated as father's time". My fall semester starts August 23 and my son starts school Aug 20. I can't afford to go back down and then back up. And just because he wants to be obstructive. Can my parents ask police for a report if he fails to show? I will be filing aff for contempt if no show.

Attorney Answers 2

  1. Best answer

    You can file a Request For Order with a Temporary Orders attachment, and ask for the immediate return of your child. This is called an ex parte motion, but you have to let your ex know that you are going to ask for emergency orders from the court. I don't think the police will let the grandparents get involved if the ex objects to them picking up your child. You had better write them a power of attorney form so they can have proper authorization. I would also ask the court to modify the order for summer since it is too vague and your ex took advantage. You can also mention that maybe your ex's time should be reduced since he is being uncooperative with you and not asking in the best interest of your son. The court may or may not grant the immediate orders, but at least if they deny your request for immediate temporary orders, you will have a quick court date to let the court know about what's going on.

  2. Why didn't you press parental kidnapping charges? I would go, personally, to pick up your child - why can't you simply ride with your parents? And, press the contempt issue as well.

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