Child Recovery Investigations
Children's Rights
A CHILD HAS A RIGHT TO...
- a continuing relationship with both parents.
- be treated not as a piece of property, but as a human being recognized to have unique feelings, ideas, and desires consistent with that of an individual.
- continuing care and proper guidance from each parent.
- not to be unduly influenced by either parent to view the other parent differently.
- express love, friendship, and respect for both parents: freedom from having to hide those stated emotions or made to be ashamed of such.
- an explanation that the impending action of divorce was in no way caused by the child's actions.
- not to be the subject and/or source of any and all arguments.
- continuing, honest feedback with respect to the divorce process and its impact on the changing relationships of the family.
- maintain regular contact with both parents and a clear explanation for any change in plans and/or cancellations.
- enjoy a pleasurable relationship with both parents, never to be employed as a manipulative bargaining tool.
|
Child Safety Rules
IF A PERSON OR PLACE MAKES ME UNCOMFORTABLE, I CAN BE SAFE BY . . .
- Talking to my Mom or Dad or someone I trust.
- Staying close to my Mom or Dad or babysitter when I am shopping, camping or in public places.
- Knowing how to make telephone calls in my city, and long distance.
- Knowing how to dial "0" to reach the operator or "9-1-1" if I need help right away for an emergency.
- Noticing where I am when shopping, driving, or visiting other places so I can give clues if I get lost.
- Asking my parents to have up-to-date pictures of me in case I get lost or become missing.
- Always having permission from my parents or caregiver to go with another person.
- Having permission from my parent or caregiver before I get into a car with another person.
- Having a "secret code" word that only my family & I know.
- Not telling anyone on the phone that I am alone. I will just tell the caller that my Mom or Dad cannot come to the phone right now.
- Walking with a friend or in groups rather than by myself.
- Being very careful about people who give me presents and lots of attention. I will tell my parents or someone I trust about it.
- Going where several people are if I am being followed or if I think I am being followed.
- Knowing that it is okay to cause a scene and yell for help if I think someone or something is dangerous or wrong.
- Remembering that most adults are kind but that there are some who hurt children.
- Remembering that sometimes people who take kids are people that kids know and trust.
|
Child Recovery Tips
Make sure your Court Orders include a detailed list of visitation dates and times. "Reasonable" visitation Orders and verbal agreements cannot be enforced by this office. What is reasonable in one parent's eyes may not be reasonable in the other parent's eyes.
Keep good records, including a written diary or calendar of all contacts made concerning visitation. This can be used for civil contempt actions, and will also assist the District Attorney's Child Recovery Unit.
Keep an updated file of your child and the other parent. Include birth certificates, recent photos, fingerprints, and any other information that would aid in identifying your child in case of an abduction.
The custody orders should state that the child may not be removed from the city, county, country (or whatever area is appropriate) without the consent of the other parent.
Teach your child to use the telephone. Without frightening your child or alienating your child from the other parent, tell your child to call home immediately if something unusual is happening. Make sure that your child understands that you will always love them and want to share your life with them.
Furnish a copy of your custody and visitation orders to the school, day care center, and babysitter.
If an abduction is threatened, notify the police department and/or the Child Recovery Unit.
return to district attorney's office homepage
|
|
What to do if the visitation orders are NOT being followed
File a report with local police. The police will forward a copy of their report to the Child Recovery Unit (CRU). You will need to provide a copy of your court orders to the police officer.
Contact the Child Recovery Unit in your County. The number for Kings County is (559) 582-0326.
For the best interest of the child, the CRU will attempt to resolve the visitation issues without litigation. This is done in a variety of ways, including but not limited to, phone calls, letters and personal contacts.
You may also bring a civil contempt action for violation of your Court Order. This is done by filing an Order to Show Case Re: Contempt at the Family Law Courts. You will be required to go back into court and present your case to the Judge. |
What to do if your child has been abducted by a family member
File a missing person's report with local police. The police will forward a copy of their report to the District Attorney's Office, Child Recovery Unit (CRU).
Contact the Child Recovery Unit in your county. The number for Kings County is (559) 582-0326.
Obtain a court order for custody of your child, if you do not already have legal physical custody. If there is no custody order in effect, both parents are considered to have equal legal physical custody.
If no permanent order is in place, a temporary custody order may be issued by the court. Obtaining the custody degree is the obligation of either of the parents.
If your child is taken out of the State of California, the CRU will use the resources available to recover the child, including interstate compacts and federal agencies. The Uniform Child Custody Jurisdiction Act (UCCJA) requires each state to recognize valid custody orders issued in another state.
If your child is taken out of the United States, the CRU will use the resources available to locate and recover the child, including federal treaties and the services of the State Department in Washington, D.C.
It is essential that a custody order be in place, because without one, some countries will not recognize that an abduction has occurred. The United States is a signator to the Hague Convention on the Civil Aspects of International Child Abduction.
In cases involving another country that is a signator to the Hague Convention, the Office of Children's Issues at the State Department will assist parents in filing the necessary application with foreign authorities, and works with the Child Recovery Unit, U.S. embassies and consulates to help facilitate locating and returning the child.
If the child has been taken to a country that is not a signator to the Hague Convention, the Office of Children's Issues will provide the Child Recovery Unit with information concerning the laws and customs of that country, and with referrals to attorneys experienced in parental abduction law and the family law of that country.
If you are the victim of domestic violence, you can make a police report and request that the police department issue an Emergency Protection Order.
This will give you protection while you are obtaining a court order.
You can also contact The Barbara Seville Shelter for assistance in obtaining a Restraining Order and/or temporary custody. The Barbara Seville Shelter may also be able to provide a place to stay if you are afraid to return home, as well as an escort in court.
|
|
