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#81
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How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)
"JR" wrote in message ... Hello, Does anybody have access to Findlaw, or the ability to look up the following case: People v. Bormann, 6 Cal.App.3d 292. I found a reference to it in an Oakland Police training document. This case may provide a precedent I can use. I guess I could ask my attorney to look it up, but it costs me $75 just to have him answer the phone. Go to a law library.....either a law school or county court house , Jay R. |
#82
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How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)
"JR" wrote in message ... Hello, Does anybody have access to Findlaw, or the ability to look up the following case: People v. Bormann, 6 Cal.App.3d 292. I found a reference to it in an Oakland Police training document. This case may provide a precedent I can use. I guess I could ask my attorney to look it up, but it costs me $75 just to have him answer the phone. Go to a law library.....either a law school or county court house , Jay R. |
#83
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How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)
"JR" wrote in message ... 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. I would not mix the two....and anything in the civil action wording would be meaningless in a criminal action. 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. You need to look at the letter of the law and follow the criterea to a 't' Jay R. |
#84
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How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)
"JR" wrote in message ... 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. I would not mix the two....and anything in the civil action wording would be meaningless in a criminal action. 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. You need to look at the letter of the law and follow the criterea to a 't' Jay R. |
#85
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How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)
"JR" wrote in message ... 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. I would not mix the two....and anything in the civil action wording would be meaningless in a criminal action. 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. You need to look at the letter of the law and follow the criterea to a 't' Jay R. |
#86
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How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)
You just have to know how, or have a lawyer who knows how and is willing
to rock the boat. Yes, I'm less than happy with my attorney. He clearly is not interested in being agressive or rocking the boat, as you say. I retained him because my research indicated he'd done a lot of father's rights work. But I've since spoken to some men at a local father's group and they confirm that he used to be great, but is now burnt out. I'm looking for somebody new. Mom's been through 9 attorneys in the three locations she's moved to, which I find telling. The FACT is that you have to look at your situation. If your lawyer is an idiot, get out the Vaseline. (That applies to women as well as men.) The wisest try to have as little involvement of lawyers as possible. It is hilarious to me, sitting on the sidelines, watching a woman get a nasty lawyer to fight over $20,000 equity in a house and wind up with a $40,000 legal bill. The lawyers get the house and you get bills on top of it. Oh yeah those fights are good for business. MEDIATE! Work it out between yourselves. Mediation is excellent advice in most situations. We've been through two mediators and mom makes it abundently clear by her actions that her mediated agreements, filed and stamped into law by the court, mean nothing her. At the end of the sessions, the mediator asks each party, "Do you understand this agreement and do you agree to be bound by it?" Mom says 'yes,' to the mediator and signs her name on the paper, but she says 'no' to me soon afterward. I tried to make sure my original post said that I've tried every peaceful avenue before bringing my case back to court and to the police. It's the 2nd to last thing I want to do (give up being the last). Jay R. |
#87
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How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)
You just have to know how, or have a lawyer who knows how and is willing
to rock the boat. Yes, I'm less than happy with my attorney. He clearly is not interested in being agressive or rocking the boat, as you say. I retained him because my research indicated he'd done a lot of father's rights work. But I've since spoken to some men at a local father's group and they confirm that he used to be great, but is now burnt out. I'm looking for somebody new. Mom's been through 9 attorneys in the three locations she's moved to, which I find telling. The FACT is that you have to look at your situation. If your lawyer is an idiot, get out the Vaseline. (That applies to women as well as men.) The wisest try to have as little involvement of lawyers as possible. It is hilarious to me, sitting on the sidelines, watching a woman get a nasty lawyer to fight over $20,000 equity in a house and wind up with a $40,000 legal bill. The lawyers get the house and you get bills on top of it. Oh yeah those fights are good for business. MEDIATE! Work it out between yourselves. Mediation is excellent advice in most situations. We've been through two mediators and mom makes it abundently clear by her actions that her mediated agreements, filed and stamped into law by the court, mean nothing her. At the end of the sessions, the mediator asks each party, "Do you understand this agreement and do you agree to be bound by it?" Mom says 'yes,' to the mediator and signs her name on the paper, but she says 'no' to me soon afterward. I tried to make sure my original post said that I've tried every peaceful avenue before bringing my case back to court and to the police. It's the 2nd to last thing I want to do (give up being the last). Jay R. |
#88
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How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)
You just have to know how, or have a lawyer who knows how and is willing
to rock the boat. Yes, I'm less than happy with my attorney. He clearly is not interested in being agressive or rocking the boat, as you say. I retained him because my research indicated he'd done a lot of father's rights work. But I've since spoken to some men at a local father's group and they confirm that he used to be great, but is now burnt out. I'm looking for somebody new. Mom's been through 9 attorneys in the three locations she's moved to, which I find telling. The FACT is that you have to look at your situation. If your lawyer is an idiot, get out the Vaseline. (That applies to women as well as men.) The wisest try to have as little involvement of lawyers as possible. It is hilarious to me, sitting on the sidelines, watching a woman get a nasty lawyer to fight over $20,000 equity in a house and wind up with a $40,000 legal bill. The lawyers get the house and you get bills on top of it. Oh yeah those fights are good for business. MEDIATE! Work it out between yourselves. Mediation is excellent advice in most situations. We've been through two mediators and mom makes it abundently clear by her actions that her mediated agreements, filed and stamped into law by the court, mean nothing her. At the end of the sessions, the mediator asks each party, "Do you understand this agreement and do you agree to be bound by it?" Mom says 'yes,' to the mediator and signs her name on the paper, but she says 'no' to me soon afterward. I tried to make sure my original post said that I've tried every peaceful avenue before bringing my case back to court and to the police. It's the 2nd to last thing I want to do (give up being the last). Jay R. |
#89
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How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)
"Beverly" wrote in message ... big snippety Cripes, what do you think a warrant for not paying CS is. A warrant for contempt, which is criminal. -------------------- A warrant for contempt can be civil or criminal. If it's criminal they usually have to provide an atty if you can't afford one. A civil contempt allows you to pay your way out of jail. ~AZ~ Courts don't 'mean' anything. It is a matter of how the law is written in the legislature. Taking (moving) a child across state lines while denying a specified parenting time......it has nothing to do with establishing residence. Geesh. The courts interpret. "Moving" may be interpreted as "establishing residence." It may also be interpreted as motion. Denying a non-custodial parent ordered visitation without cause (i.e. NCP staggers to the door in a drunken stupor to pick up child) should be a felony in and of itself WITHOUT a definition of "moving" although I know it has not been. My opinion, when reading the law as it was shared with us, is that lawmakers intended to keep CPs from changing the child's residency across state lines in an effort to thwart visitation. Hence, if CP wants to move from California to Oklahoma, CP must ensure, and even pay for transportation, if necessary, that visitation can commence as usual. I may be wrong... you may be taking it too literally. Hopefully, we will find out. You obviously are not an attorney because the advise you give is so **** poor. I never said I was an attorney. You are welcome to your opinion. Telling someone to tape phone calls without nowing the state laws is outrright negligent. And I have told him to check his state laws. As an aside, I have no beef with you and wonder why you seem so hostile toward me. Why do you think you are so much the expert and that what I have to say cannot possibly be of value? |
#90
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How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)
"Beverly" wrote in message ... big snippety Cripes, what do you think a warrant for not paying CS is. A warrant for contempt, which is criminal. -------------------- A warrant for contempt can be civil or criminal. If it's criminal they usually have to provide an atty if you can't afford one. A civil contempt allows you to pay your way out of jail. ~AZ~ Courts don't 'mean' anything. It is a matter of how the law is written in the legislature. Taking (moving) a child across state lines while denying a specified parenting time......it has nothing to do with establishing residence. Geesh. The courts interpret. "Moving" may be interpreted as "establishing residence." It may also be interpreted as motion. Denying a non-custodial parent ordered visitation without cause (i.e. NCP staggers to the door in a drunken stupor to pick up child) should be a felony in and of itself WITHOUT a definition of "moving" although I know it has not been. My opinion, when reading the law as it was shared with us, is that lawmakers intended to keep CPs from changing the child's residency across state lines in an effort to thwart visitation. Hence, if CP wants to move from California to Oklahoma, CP must ensure, and even pay for transportation, if necessary, that visitation can commence as usual. I may be wrong... you may be taking it too literally. Hopefully, we will find out. You obviously are not an attorney because the advise you give is so **** poor. I never said I was an attorney. You are welcome to your opinion. Telling someone to tape phone calls without nowing the state laws is outrright negligent. And I have told him to check his state laws. As an aside, I have no beef with you and wonder why you seem so hostile toward me. Why do you think you are so much the expert and that what I have to say cannot possibly be of value? |
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