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Old May 27th 04, 06:02 AM
JR
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Default How can I prosecute Child Stealing / Custodial Interference (CALPC 278.5)

P.Fritz wrote:

Yes, it means up to 1 year of imprisonment when convicted.
BTW, before you whine any further, I have personally seen it be
applied....and just the threat of it deters parenting time interference.

Right, that's what I'm hoping...she will stop interfering if she thinks
there's a possibility of serious consequences. It's the positive
behavior changes that the threat of these penalties should compel that
I'm looking for.

What if, as part of my contempt hearing, I submit a motion to modify our
custody orders to include an "enforcement clause". Like a note to the
police or to the DA, right in the order, saying something like "If there
is evidence of either parent interfering with custody, the police are
encouraged to pursue criminal penalties." ? Sounds extreme, but it
would probably go a long way toward putting the "fear of law" into
interfering mom.

Oh, in response to an earlier post saying that the statutes usually
specify a time period. California's 278.5 does not specify any time period.

Jay R.