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How can I prosecute Child Stealing / Custodial Interference (CALPC 278.5)



 
 
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  #1  
Old May 23rd 04, 01:32 AM
JR
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CALPC 278.5)

Hello,

How do I prosecute my ex-girlfriend for Custodial Interference in
California? I've taken some steps and have a criminal case number
assigned, but what are the next steps I need to take to get her charged?
I believe that if she left the state (and I believe she did), this is
a felony.

Background:

My ex refused to honor our court-ordered visitation agreement AGAIN this
weekend, so until I can get into court on Monday morning to file another
contempt, I decided to try the criminal route.

I found this old post (pasted below) regarding "Custodial Interference"
on alt.childsupport. My daughter's mom, who is the CP (61%/39% share,
50/50 joint legal, all orders in place) refused to turn over my 8-year
old daughter this Friday at 2:30 p.m. When I arrived at the pickup
location (my daughter's school), I was told by her teacher that she was
not in school all day.

I phoned mom immediately to request that she bring our daughter to me,
but she told me they had gone to Wisconsin on family business and that I
would not be seeing her this weekend. She also told me that she sent a
note home to this affect...I am sure this is bull.

I drove to the police station and, using the tactics suggested in the
post below, managed to get the officer to take a report on a California
Penal Code 278.5, "Custodial Interference" violaton, and give me a case
number. His entire investigation consisted of reading my court order
and calling her phone number--no answer.

My daughter has her first piano recital this weekend, which she will
miss. I was going to take her to see Shrek, and show her how to change
the oil on our car. Somewhere her mind is processing that Dad said one
thing ("See you on Friday!") and Mom did another, and she is trying to
understand it means every time it happens (frequently). Instead of
enjoying the weekend I planned with my daughter, I don't know where she
is (other than somewhere in Wisconsin supposedly), and I will spend my
weekend filling in contempt of court papers for filing on Monday.

I've tried and failed one time to sue her for contempt of court. She
was found "not guilty" because her attorney succeeded and getting me to
testify that, in the past, we had sometimes traded weekends to
accomodate our schedules. The judge interpreted this to mean that I had
waived ALL my rights under our custody order and therefore there could
be no reasonable expectation that mom was required to follow the orders
(i.e., the "intent" component of contempt was missing...crazy!). This
time she won't have that excuse...I've insisted we follow the order to
the letter since the verdict. I have a little more confidence on the
contempt front this time.

But how do I get her charged on the criminal side? I have the case
number and a report filed, but once she returns on Monday, what good
will they do me? I need to know the next step in pursuing criminal
charges. Do I just tell the police to show up at her house and arrest
her? I'm not sure I'll be able to do that.

If this sounds like I'm being litigious or vindictive, believe me I've
tried everything peaceful before. My daughter's mom is, in my opinion,
sociopathic, and has been trying to undermine my daughter's relationship
with me since before her birth. She will not stop until she understands
that doing so will be costly for her.

Thanks,
Jay R.
Father of 8-year old


Post from 9/3/99 on alt.child-support

Now I find myself on the other end of the fence. My fiancee has two

girls,
ages 9 and 13. When his wife left him for another man, he was devastated
but they agreed to share the kids. Her new boyfriend decided he

wanted to
move out of the city, so against a court order she moved them away.

It was
almost two weeks later, when he was due for a weekend visit, that we
realized they were gone. We had no address, no phone number,

nothing. Her
family would not tell us where they were, but when she returned for a

court
appearance we tried to get her charged with contempt of court and/or
kidnapping. The courts refused, saying she was already gone and

there was
nothing they could do.


They lied. But your first mistake was to take this to Family Court.
They don't care about anything but getting as much money from as many
people as possible so California can qualify for Federal matching funds
for welfare programs. If California doesn't collect a certain amount
of support money, they lose this funding.

If there is a court order regarding access to the children and that
court order is EVER violated, you first make sure that there is no
other possible way the court's order can be interpreted and then you
call the police and tell them you wish to file a complaint of custodial
interference. If they tell you that this is a matter for the family
court, you refer them to 287.5 of the California Penal Code...

----------------------
278.5. (a) Every person who takes, entices away, keeps, withholds,
or conceals a child and maliciously deprives a lawful custodian of a
right to custody, or a person of a right to visitation, shall be
punished by imprisonment in a county jail not exceeding one year, a
fine not exceeding one thousand dollars ($1,000), or both that fine
and imprisonment, or by imprisonment in the state prison for 16
months, or two or three years, a fine not exceeding ten thousand
dollars ($10,000), or both that fine and imprisonment.
(b) Nothing contained in this section limits the court's
contemptpower.
(c) A custody order obtained after the taking, enticing away,
keeping, withholding, or concealing of a child does not constitute a
defense to a crime charged under this section.
--------------------------

If they remain reluctant to help you, you keep repeating to them that
you wish to charge the other parent with violating this statute. If
they still insist this is a matter for family court, you ask them if
the police have the authority to enforce criminal law. This is a
rhetorical question of course. If the officer still refuses to act,
ask to talk to their supervisor. Keep going up the chain of command
until they get the hint that you are serious and that you are not going
to leave them along until they do their job.

Keep in mind that the fact they have moved away is beside the point.
In actuality they really have the right to move anywhere they like and
unless a family court judge is willing to charge them with contempt
(unlikely, as you found out), nothing much can happen to them.

The key is to remember that Custodial Interference is a criminal act
that is entirely outside the jurisdiction of the family court. It is
enforced by the police and any violations are dealt with in criminal
court.

If the suspects are out of state, you may have to involve the FBI in
this but you should always call your local police department or the
police department with jurisdiction over the area where the custodial
parent lives/lived.

  #2  
Old May 24th 04, 08:21 PM
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)

In alt.child-support JR wrote:
: Hello,

: How do I prosecute my ex-girlfriend for Custodial Interference in
: California? I've taken some steps and have a criminal case number
: assigned, but what are the next steps I need to take to get her charged?
: I believe that if she left the state (and I believe she did), this is
: a felony.

I've been through this situation a lot.

The problem is the lack of clarity with the custody order regarding
when parenting time will occur. I told our custody mediator my problems
with Custodial Interference. He wrote the custody order using "fixed
schedule parenting time.". It's clearly stated that I'll have him on
the first, third, and fifth (if there is a fifth) weekend of the month
plus Thursday afternoons (between defined hours at a minimum) on even
weeks. This is better than "every other weekend" because one can always
look at a calendar and see if it's the first, third or fifth weekend
vs. quibbling over "what was an every other week". Additionally, the
order states that **any deviation of the schedule has to be mutually
agreed upon in writing***. Also, if the child is "ill", a doctor's note
is required to delay parenting time (she played that game also).

You need to pursue a contempt citation. However, the result would probably
be the same for you as last time (not clear as a result of swapping days,
etc.).

I would advise you to file a motion to revise your custody order. Make it
clear which days of the week you'll be with your child and what times.
Make it clear that any deviation HAS to be in writing and signed by both
of you or an email must be sent and a reply given by you defining the
change in parenting time. If you can afford it, get legal help from an
attorney to draft the Custody Order modification. Also, I'll note that
I've used the "dial a lawyer" attorneys available from www.nolo.com and
have been pleased with their service and the low cost.

Good luck. Get a clear custody order and stick to it. No deviations that
are outside of the order. If you do, that demonstrates you are "flexible"
and you can now see that your situation can be taken advantage of by
the ex.

barry

  #3  
Old May 24th 04, 08:21 PM
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)

In alt.child-support JR wrote:
: Hello,

: How do I prosecute my ex-girlfriend for Custodial Interference in
: California? I've taken some steps and have a criminal case number
: assigned, but what are the next steps I need to take to get her charged?
: I believe that if she left the state (and I believe she did), this is
: a felony.

I've been through this situation a lot.

The problem is the lack of clarity with the custody order regarding
when parenting time will occur. I told our custody mediator my problems
with Custodial Interference. He wrote the custody order using "fixed
schedule parenting time.". It's clearly stated that I'll have him on
the first, third, and fifth (if there is a fifth) weekend of the month
plus Thursday afternoons (between defined hours at a minimum) on even
weeks. This is better than "every other weekend" because one can always
look at a calendar and see if it's the first, third or fifth weekend
vs. quibbling over "what was an every other week". Additionally, the
order states that **any deviation of the schedule has to be mutually
agreed upon in writing***. Also, if the child is "ill", a doctor's note
is required to delay parenting time (she played that game also).

You need to pursue a contempt citation. However, the result would probably
be the same for you as last time (not clear as a result of swapping days,
etc.).

I would advise you to file a motion to revise your custody order. Make it
clear which days of the week you'll be with your child and what times.
Make it clear that any deviation HAS to be in writing and signed by both
of you or an email must be sent and a reply given by you defining the
change in parenting time. If you can afford it, get legal help from an
attorney to draft the Custody Order modification. Also, I'll note that
I've used the "dial a lawyer" attorneys available from www.nolo.com and
have been pleased with their service and the low cost.

Good luck. Get a clear custody order and stick to it. No deviations that
are outside of the order. If you do, that demonstrates you are "flexible"
and you can now see that your situation can be taken advantage of by
the ex.

barry

  #4  
Old May 24th 04, 08:21 PM
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)

In alt.child-support JR wrote:
: Hello,

: How do I prosecute my ex-girlfriend for Custodial Interference in
: California? I've taken some steps and have a criminal case number
: assigned, but what are the next steps I need to take to get her charged?
: I believe that if she left the state (and I believe she did), this is
: a felony.

I've been through this situation a lot.

The problem is the lack of clarity with the custody order regarding
when parenting time will occur. I told our custody mediator my problems
with Custodial Interference. He wrote the custody order using "fixed
schedule parenting time.". It's clearly stated that I'll have him on
the first, third, and fifth (if there is a fifth) weekend of the month
plus Thursday afternoons (between defined hours at a minimum) on even
weeks. This is better than "every other weekend" because one can always
look at a calendar and see if it's the first, third or fifth weekend
vs. quibbling over "what was an every other week". Additionally, the
order states that **any deviation of the schedule has to be mutually
agreed upon in writing***. Also, if the child is "ill", a doctor's note
is required to delay parenting time (she played that game also).

You need to pursue a contempt citation. However, the result would probably
be the same for you as last time (not clear as a result of swapping days,
etc.).

I would advise you to file a motion to revise your custody order. Make it
clear which days of the week you'll be with your child and what times.
Make it clear that any deviation HAS to be in writing and signed by both
of you or an email must be sent and a reply given by you defining the
change in parenting time. If you can afford it, get legal help from an
attorney to draft the Custody Order modification. Also, I'll note that
I've used the "dial a lawyer" attorneys available from www.nolo.com and
have been pleased with their service and the low cost.

Good luck. Get a clear custody order and stick to it. No deviations that
are outside of the order. If you do, that demonstrates you are "flexible"
and you can now see that your situation can be taken advantage of by
the ex.

barry

  #5  
Old May 25th 04, 04:29 AM
JR
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CALPC 278.5)

Hi Barry,

I've actually got the same "fixed schedule" order that you have (1-3-5
weekends). That's why I'm asking about criminal prosecution under Cal
PC 728.5. There's really no way our order can be mis-interpreted. The
date, time, place, of our custody transfers are clearly stated in the
order (it took a LONG time to get the order to that point). Despite
this, mom repeatedly thumbs her nose at me and the court to the
detriment of an innocent little girl (and me, her father).

Yes, I filed the OSC Contempt papers this morning and they should be
served on Mom by Tuesday or Wednesday. The arraignment is set for July
6th. But like I said, Civil Contempt was unsuccessful before, so I'm
looking for a way to convince law enforcement to, er, enforce the law!!

When I discovered Cal Penal Code 278.5 via the post I pasted below, I
thought, "THIS IS IT! THERE IS A LAW SHE IS BREAKING!" But now that
I've filed the report, I'm kind of stalled.

Trouble is I know that my police report was taken not because the police
intended to do a real investigation, but only to get me out of the
substation; to go away. I want to know how to get the police to follow
up, verify that the orders are valid, locate and question the criminal,
and arrest her upon verifying that statute 278.5 was violated.

I was hoping this "two-pronged" approach (civil contempt + criminal
case) might yield better results. I'm hopeful about the contempt, but I
want to keep the criminal side moving.

There was another guy in the substation reporting a stolen car while I
was trying to get my stolen child report filed. The officer seemed so
much more willing to take the stolen car report, I guess because he
understood the crime. But what if the guy who had his car stolen on
Friday found out that the thief had returned the car, slightly damaged,
on Monday? Wouldn't it still be a crime? My daughter will never get
this weekend with her dad back. The message sent to her by her mom,
that it's ok to ignore dad and take the law into your own hands, is
emotionally and psychologically damaging to her! Ok, enough of my
tortured kid=car metaphor, but a kid is more important than a car, yet I
can't get the police to act on this!

Anyway, thanks a lot for responding Barry. The initial lack of
responses was beginning to make me doubt myself. But I'm beginning to
see that I'm in uncharted territory here.

Jay R.

wrote:
In alt.child-support JR wrote:
: Hello,

: How do I prosecute my ex-girlfriend for Custodial Interference in
: California? I've taken some steps and have a criminal case number
: assigned, but what are the next steps I need to take to get her charged?
: I believe that if she left the state (and I believe she did), this is
: a felony.

I've been through this situation a lot.

The problem is the lack of clarity with the custody order regarding
when parenting time will occur. I told our custody mediator my problems
with Custodial Interference. He wrote the custody order using "fixed
schedule parenting time.". It's clearly stated that I'll have him on
the first, third, and fifth (if there is a fifth) weekend of the month
plus Thursday afternoons (between defined hours at a minimum) on even
weeks. This is better than "every other weekend" because one can always
look at a calendar and see if it's the first, third or fifth weekend
vs. quibbling over "what was an every other week". Additionally, the
order states that **any deviation of the schedule has to be mutually
agreed upon in writing***. Also, if the child is "ill", a doctor's note
is required to delay parenting time (she played that game also).

You need to pursue a contempt citation. However, the result would probably
be the same for you as last time (not clear as a result of swapping days,
etc.).

I would advise you to file a motion to revise your custody order. Make it
clear which days of the week you'll be with your child and what times.
Make it clear that any deviation HAS to be in writing and signed by both
of you or an email must be sent and a reply given by you defining the
change in parenting time. If you can afford it, get legal help from an
attorney to draft the Custody Order modification. Also, I'll note that
I've used the "dial a lawyer" attorneys available from
www.nolo.com and
have been pleased with their service and the low cost.

Good luck. Get a clear custody order and stick to it. No deviations that
are outside of the order. If you do, that demonstrates you are "flexible"
and you can now see that your situation can be taken advantage of by
the ex.

barry


  #6  
Old May 25th 04, 04:29 AM
JR
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CALPC 278.5)

Hi Barry,

I've actually got the same "fixed schedule" order that you have (1-3-5
weekends). That's why I'm asking about criminal prosecution under Cal
PC 728.5. There's really no way our order can be mis-interpreted. The
date, time, place, of our custody transfers are clearly stated in the
order (it took a LONG time to get the order to that point). Despite
this, mom repeatedly thumbs her nose at me and the court to the
detriment of an innocent little girl (and me, her father).

Yes, I filed the OSC Contempt papers this morning and they should be
served on Mom by Tuesday or Wednesday. The arraignment is set for July
6th. But like I said, Civil Contempt was unsuccessful before, so I'm
looking for a way to convince law enforcement to, er, enforce the law!!

When I discovered Cal Penal Code 278.5 via the post I pasted below, I
thought, "THIS IS IT! THERE IS A LAW SHE IS BREAKING!" But now that
I've filed the report, I'm kind of stalled.

Trouble is I know that my police report was taken not because the police
intended to do a real investigation, but only to get me out of the
substation; to go away. I want to know how to get the police to follow
up, verify that the orders are valid, locate and question the criminal,
and arrest her upon verifying that statute 278.5 was violated.

I was hoping this "two-pronged" approach (civil contempt + criminal
case) might yield better results. I'm hopeful about the contempt, but I
want to keep the criminal side moving.

There was another guy in the substation reporting a stolen car while I
was trying to get my stolen child report filed. The officer seemed so
much more willing to take the stolen car report, I guess because he
understood the crime. But what if the guy who had his car stolen on
Friday found out that the thief had returned the car, slightly damaged,
on Monday? Wouldn't it still be a crime? My daughter will never get
this weekend with her dad back. The message sent to her by her mom,
that it's ok to ignore dad and take the law into your own hands, is
emotionally and psychologically damaging to her! Ok, enough of my
tortured kid=car metaphor, but a kid is more important than a car, yet I
can't get the police to act on this!

Anyway, thanks a lot for responding Barry. The initial lack of
responses was beginning to make me doubt myself. But I'm beginning to
see that I'm in uncharted territory here.

Jay R.

wrote:
In alt.child-support JR wrote:
: Hello,

: How do I prosecute my ex-girlfriend for Custodial Interference in
: California? I've taken some steps and have a criminal case number
: assigned, but what are the next steps I need to take to get her charged?
: I believe that if she left the state (and I believe she did), this is
: a felony.

I've been through this situation a lot.

The problem is the lack of clarity with the custody order regarding
when parenting time will occur. I told our custody mediator my problems
with Custodial Interference. He wrote the custody order using "fixed
schedule parenting time.". It's clearly stated that I'll have him on
the first, third, and fifth (if there is a fifth) weekend of the month
plus Thursday afternoons (between defined hours at a minimum) on even
weeks. This is better than "every other weekend" because one can always
look at a calendar and see if it's the first, third or fifth weekend
vs. quibbling over "what was an every other week". Additionally, the
order states that **any deviation of the schedule has to be mutually
agreed upon in writing***. Also, if the child is "ill", a doctor's note
is required to delay parenting time (she played that game also).

You need to pursue a contempt citation. However, the result would probably
be the same for you as last time (not clear as a result of swapping days,
etc.).

I would advise you to file a motion to revise your custody order. Make it
clear which days of the week you'll be with your child and what times.
Make it clear that any deviation HAS to be in writing and signed by both
of you or an email must be sent and a reply given by you defining the
change in parenting time. If you can afford it, get legal help from an
attorney to draft the Custody Order modification. Also, I'll note that
I've used the "dial a lawyer" attorneys available from
www.nolo.com and
have been pleased with their service and the low cost.

Good luck. Get a clear custody order and stick to it. No deviations that
are outside of the order. If you do, that demonstrates you are "flexible"
and you can now see that your situation can be taken advantage of by
the ex.

barry


  #7  
Old May 25th 04, 04:29 AM
JR
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CALPC 278.5)

Hi Barry,

I've actually got the same "fixed schedule" order that you have (1-3-5
weekends). That's why I'm asking about criminal prosecution under Cal
PC 728.5. There's really no way our order can be mis-interpreted. The
date, time, place, of our custody transfers are clearly stated in the
order (it took a LONG time to get the order to that point). Despite
this, mom repeatedly thumbs her nose at me and the court to the
detriment of an innocent little girl (and me, her father).

Yes, I filed the OSC Contempt papers this morning and they should be
served on Mom by Tuesday or Wednesday. The arraignment is set for July
6th. But like I said, Civil Contempt was unsuccessful before, so I'm
looking for a way to convince law enforcement to, er, enforce the law!!

When I discovered Cal Penal Code 278.5 via the post I pasted below, I
thought, "THIS IS IT! THERE IS A LAW SHE IS BREAKING!" But now that
I've filed the report, I'm kind of stalled.

Trouble is I know that my police report was taken not because the police
intended to do a real investigation, but only to get me out of the
substation; to go away. I want to know how to get the police to follow
up, verify that the orders are valid, locate and question the criminal,
and arrest her upon verifying that statute 278.5 was violated.

I was hoping this "two-pronged" approach (civil contempt + criminal
case) might yield better results. I'm hopeful about the contempt, but I
want to keep the criminal side moving.

There was another guy in the substation reporting a stolen car while I
was trying to get my stolen child report filed. The officer seemed so
much more willing to take the stolen car report, I guess because he
understood the crime. But what if the guy who had his car stolen on
Friday found out that the thief had returned the car, slightly damaged,
on Monday? Wouldn't it still be a crime? My daughter will never get
this weekend with her dad back. The message sent to her by her mom,
that it's ok to ignore dad and take the law into your own hands, is
emotionally and psychologically damaging to her! Ok, enough of my
tortured kid=car metaphor, but a kid is more important than a car, yet I
can't get the police to act on this!

Anyway, thanks a lot for responding Barry. The initial lack of
responses was beginning to make me doubt myself. But I'm beginning to
see that I'm in uncharted territory here.

Jay R.

wrote:
In alt.child-support JR wrote:
: Hello,

: How do I prosecute my ex-girlfriend for Custodial Interference in
: California? I've taken some steps and have a criminal case number
: assigned, but what are the next steps I need to take to get her charged?
: I believe that if she left the state (and I believe she did), this is
: a felony.

I've been through this situation a lot.

The problem is the lack of clarity with the custody order regarding
when parenting time will occur. I told our custody mediator my problems
with Custodial Interference. He wrote the custody order using "fixed
schedule parenting time.". It's clearly stated that I'll have him on
the first, third, and fifth (if there is a fifth) weekend of the month
plus Thursday afternoons (between defined hours at a minimum) on even
weeks. This is better than "every other weekend" because one can always
look at a calendar and see if it's the first, third or fifth weekend
vs. quibbling over "what was an every other week". Additionally, the
order states that **any deviation of the schedule has to be mutually
agreed upon in writing***. Also, if the child is "ill", a doctor's note
is required to delay parenting time (she played that game also).

You need to pursue a contempt citation. However, the result would probably
be the same for you as last time (not clear as a result of swapping days,
etc.).

I would advise you to file a motion to revise your custody order. Make it
clear which days of the week you'll be with your child and what times.
Make it clear that any deviation HAS to be in writing and signed by both
of you or an email must be sent and a reply given by you defining the
change in parenting time. If you can afford it, get legal help from an
attorney to draft the Custody Order modification. Also, I'll note that
I've used the "dial a lawyer" attorneys available from
www.nolo.com and
have been pleased with their service and the low cost.

Good luck. Get a clear custody order and stick to it. No deviations that
are outside of the order. If you do, that demonstrates you are "flexible"
and you can now see that your situation can be taken advantage of by
the ex.

barry


  #8  
Old May 25th 04, 11:01 AM
Moon Shyne
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)


"JR" wrote in message
m...
Hi Barry,

I've actually got the same "fixed schedule" order that you have (1-3-5
weekends). That's why I'm asking about criminal prosecution under Cal
PC 728.5. There's really no way our order can be mis-interpreted. The
date, time, place, of our custody transfers are clearly stated in the
order (it took a LONG time to get the order to that point). Despite
this, mom repeatedly thumbs her nose at me and the court to the
detriment of an innocent little girl (and me, her father).

Yes, I filed the OSC Contempt papers this morning and they should be
served on Mom by Tuesday or Wednesday. The arraignment is set for July
6th. But like I said, Civil Contempt was unsuccessful before, so I'm
looking for a way to convince law enforcement to, er, enforce the law!!

When I discovered Cal Penal Code 278.5 via the post I pasted below, I
thought, "THIS IS IT! THERE IS A LAW SHE IS BREAKING!" But now that
I've filed the report, I'm kind of stalled.

Trouble is I know that my police report was taken not because the police
intended to do a real investigation, but only to get me out of the
substation; to go away. I want to know how to get the police to follow
up, verify that the orders are valid, locate and question the criminal,
and arrest her upon verifying that statute 278.5 was violated.

I was hoping this "two-pronged" approach (civil contempt + criminal
case) might yield better results. I'm hopeful about the contempt, but I
want to keep the criminal side moving.


Just keep in mind that some courts may view your approach as "prosecutorial
harrassment" - in that you're attempting to prosecute her twice for the same
offense.

Yes, she's wrong in what she's doing - however, you need to make sure you don't
put yourself in the position of being 'more' wrong - it won't help your case.


  #9  
Old May 25th 04, 11:01 AM
Moon Shyne
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Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)


"JR" wrote in message
m...
Hi Barry,

I've actually got the same "fixed schedule" order that you have (1-3-5
weekends). That's why I'm asking about criminal prosecution under Cal
PC 728.5. There's really no way our order can be mis-interpreted. The
date, time, place, of our custody transfers are clearly stated in the
order (it took a LONG time to get the order to that point). Despite
this, mom repeatedly thumbs her nose at me and the court to the
detriment of an innocent little girl (and me, her father).

Yes, I filed the OSC Contempt papers this morning and they should be
served on Mom by Tuesday or Wednesday. The arraignment is set for July
6th. But like I said, Civil Contempt was unsuccessful before, so I'm
looking for a way to convince law enforcement to, er, enforce the law!!

When I discovered Cal Penal Code 278.5 via the post I pasted below, I
thought, "THIS IS IT! THERE IS A LAW SHE IS BREAKING!" But now that
I've filed the report, I'm kind of stalled.

Trouble is I know that my police report was taken not because the police
intended to do a real investigation, but only to get me out of the
substation; to go away. I want to know how to get the police to follow
up, verify that the orders are valid, locate and question the criminal,
and arrest her upon verifying that statute 278.5 was violated.

I was hoping this "two-pronged" approach (civil contempt + criminal
case) might yield better results. I'm hopeful about the contempt, but I
want to keep the criminal side moving.


Just keep in mind that some courts may view your approach as "prosecutorial
harrassment" - in that you're attempting to prosecute her twice for the same
offense.

Yes, she's wrong in what she's doing - however, you need to make sure you don't
put yourself in the position of being 'more' wrong - it won't help your case.


  #10  
Old May 25th 04, 11:01 AM
Moon Shyne
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)


"JR" wrote in message
m...
Hi Barry,

I've actually got the same "fixed schedule" order that you have (1-3-5
weekends). That's why I'm asking about criminal prosecution under Cal
PC 728.5. There's really no way our order can be mis-interpreted. The
date, time, place, of our custody transfers are clearly stated in the
order (it took a LONG time to get the order to that point). Despite
this, mom repeatedly thumbs her nose at me and the court to the
detriment of an innocent little girl (and me, her father).

Yes, I filed the OSC Contempt papers this morning and they should be
served on Mom by Tuesday or Wednesday. The arraignment is set for July
6th. But like I said, Civil Contempt was unsuccessful before, so I'm
looking for a way to convince law enforcement to, er, enforce the law!!

When I discovered Cal Penal Code 278.5 via the post I pasted below, I
thought, "THIS IS IT! THERE IS A LAW SHE IS BREAKING!" But now that
I've filed the report, I'm kind of stalled.

Trouble is I know that my police report was taken not because the police
intended to do a real investigation, but only to get me out of the
substation; to go away. I want to know how to get the police to follow
up, verify that the orders are valid, locate and question the criminal,
and arrest her upon verifying that statute 278.5 was violated.

I was hoping this "two-pronged" approach (civil contempt + criminal
case) might yield better results. I'm hopeful about the contempt, but I
want to keep the criminal side moving.


Just keep in mind that some courts may view your approach as "prosecutorial
harrassment" - in that you're attempting to prosecute her twice for the same
offense.

Yes, she's wrong in what she's doing - however, you need to make sure you don't
put yourself in the position of being 'more' wrong - it won't help your case.


 




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