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    Unhappy Interstate Issues with Restraining Order and Custody

    My question involves a child custody case from the State of: CA

    Ten months ago I left my homestate and ex spouse due to domestic violence. I relocated to a new state and immediately got a restraining order and sole custody granted to me and California taking emergency jurisdiction over the matter. Then once we were here for 6 months and became residents the custody order was finalized with a three year DVRO put in place. My ex spouse did participate in one of the hearings and was properly served every time with proof of service filed each time. Not too long ago I filed for divorce in my home state of NY.

    The other day I found out that my ex had filed first but also was trying to get me to bring the kids back to NY and claimed he knew nothing about any court proceedings out here. He was able to get it as far as having the judge set out a warrant for me to return the kids which my lawyer was able to get vacated by stating there was the DVRO and custody orders already in place out here. She now has requested I get her all documents and transcripts showing my ex was in fact aware of the proceedings out here. His attorney and mine are due to meet in front of the divorce judge in August over the matter.

    My question is, is there any grounds my husband could get the kids returned when I did everything legally out here to get the RO and custody and we now have become residents here? California should now have full jurisdiction over the kids. My lawyer out here at the time assured me everything was done completely and that if he wanted to try to claim. He never knew about anything he shouldn't have participated in a hearing which acknowledged that he was aware of what was going on. He has chosen to not exercise any visitation or facetime calls which were granted. I'm very scared of losing my children due to not being aware of some loophole when I was told that everything was in place legally to keep us safe.

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