People v. Newell (2023) 2023 Cal. App. Unpub. LEXIS 4386
Jul 26, 2023OUTCOME: Child abduction charge dismissed.
The defendant was charged with felony child abduction for leaving the jurisdiction of the family court with her minor daughter in violation of court order stripping her of custody issued at a hearing ... held in her absence. The defendant moved to dismiss the case because she was never notified of the custody hearing. The lower court found the defendant was on constructive notice of the hearing because her attorney was present and denied the motion to dismiss. That order had been issued was issued in the absence of the defendant and without any proof in the record that she had been was notified of had been notified of the hearing. The lower court found at an ex parte hearing which was issued in her absence and without an evidence . . n order issued by the family court stripping her leaving her daughter after the family court had stripped
