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Old May 25th 04, 06:11 PM
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Default How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)

wrote:
: I found this post very interesting. But I would like to make a few
: comments:
(deletia)
: 2. Even if you can find an officer that will write up a rpt under
: section 278.5...it will not go any where unless the D.A.'s office will
: "issue" on it. Now we're in the realm of "Can I win this case, (Hell,
: "Can I even get this in front of a judge") and is it worth my time to
: try"? Most D.A.'s case loads are so full they only want to issue on a
: case if they feel they have a chance of winning...else it is all just
: a waste of time.

Mike brings up a very relevant point. A crime has to be prosecuted by
the DA's office. As mentioned their caseload is high and I'll note
that many of the assistant DA's need to build a reputation (for promotion
or higher political offices). It's politically incorrect to go after moms
and OK to go after dads for Child Support. Yes, this is wrong.

I would take it from the approach of "will the DA's office bother with
the case?" I'd seek legal advice on the probability of whether or not
a judge would hear the case and rule in your favor (most local attorneys
know the judges well enough to answer this question accurately... for
example, my family law attorney is a judge pro-tem for the Family Law
judge in my county and *knows* (usually) in advance how the judge will
rule and that judge's bias.

I would suspect that if your Custodial Interference case is brought
before a judge in a logical and legally correct manner that you would
have a good chance in prevailing. As much as I hate hiring attorneys,
I would get an attorney to represent me in this case. If done right,
you'll do well. If done wrong, the judge will be biased against you
in future cases, which is definitely what you *don't* want to occur.

Good luck. I firmly agree that Custodial Interference should be pursued
more aggressively but the deck is definitely stacked against fathers in
the matter although (according to Sanford Braver's book) women obstruct
parenting time as retaliation to fathers in greater than 50% of the time.

b.