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 Abduction Unit. You will need to provide a copy of your court orders to the police officer.
Contact the Child Abduction Unit in your County. The number for Kings County is (559) 582-0326.
For the best interest of the child, the Child Abduction Unit 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 Abduction Unit.
Contact the Child Abduction 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 Child Abduction Unit 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 Child Abduction Unit 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 Abduction 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 Abduction 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.