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  1. #1
    Join Date
    Apr 2019
    Posts
    11

    Default Mother is Keeping Children Away While Waiting for Mediation Date

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


    Hello, so the mother of our 3 children 15-11-3 has left to the state of AZ and is keeping me from seeing my children for the past 5 months now, I had 3 phone conversations with them in this time frame. I have filed for child custody but, am waiting for mediation in sept and our hearing is in oct.
    I cant be without my kids any more and cant take not being able to at least speak to them over the phone or facetime.

    I have a restraining order keeping me away from her but not my children. I can't contact her, but have contacted her sister to setup phone conversations and visitations with the kids with no response. I have missed my kids birthday and didn't have a chance to wish her a happy birthday as a result of my wifes selfishness.


    what can I do in the meantime to see or speak to my kids?

    if I don't have any options till our hearing, how will a judge take her vindictiveness to keep the children away from me ? what are some things a judge might do ? if anything.

    I should also note she will be claiming domestic violence against her as I have a open case against me for that charge. she has admitted under oath that I was never abusive to the children.

    thank you.

  2. #2
    Join Date
    Oct 2006
    Posts
    15,620

    Default Re: Mother is Keeping Children Away While Waiting for Mediation Date

    Quote Quoting csbattle
    View Post
    My question involves a child custody case from the State of: CA


    Hello, so the mother of our 3 children 15-11-3 has left to the state of AZ and is keeping me from seeing my children for the past 5 months now, I had 3 phone conversations with them in this time frame. I have filed for child custody but, am waiting for mediation in sept and our hearing is in oct.
    I cant be without my kids any more and cant take not being able to at least speak to them over the phone or facetime.

    I have a restraining order keeping me away from her but not my children. I can't contact her, but have contacted her sister to setup phone conversations and visitations with the kids with no response. I have missed my kids birthday and didn't have a chance to wish her a happy birthday as a result of my wifes selfishness.


    what can I do in the meantime to see or speak to my kids?

    if I don't have any options till our hearing, how will a judge take her vindictiveness to keep the children away from me ? what are some things a judge might do ? if anything.

    I should also note she will be claiming domestic violence against her as I have a open case against me for that charge. she has admitted under oath that I was never abusive to the children.

    thank you.
    You really should speak to a local family law attorney about the matter. I vaguely recall that there are some issues in CA about child custody when there has been domestic violence. A local attorney will better be able to discuss that issue with you and to give you an idea of the climate of your local courts.

    I also don't know how mediation will be possible with the restraining order against you. Again, a local attorney can better address that with you as well.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,077

    Default Re: Mother is Keeping Children Away While Waiting for Mediation Date

    Were you married to the mother?

    Is there a court order granting you access to the children? If so, what does it say?

  4. #4
    Join Date
    Apr 2019
    Posts
    11

    Default Re: Mother is Keeping Children Away While Waiting for Mediation Date

    not married to the mother, no court order as of yet. we are waiting for the hearing in oct.

  5. #5
    Join Date
    Jun 2017
    Location
    California
    Posts
    420

    Default Re: Mother is Keeping Children Away While Waiting for Mediation Date

    Quote Quoting csbattle
    View Post
    not married to the mother, no court order as of yet. we are waiting for the hearing in oct.
    If there are no court orders then mom isn't obligated to allow you any contact with the kids. Has the court determined you to be the father yet? In a non-marriage situation, that is the step before visitation and custody.

  6. #6
    Join Date
    Oct 2006
    Posts
    15,620

    Default Re: Mother is Keeping Children Away While Waiting for Mediation Date

    Quote Quoting LegalWriter
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    If there are no court orders then mom isn't obligated to allow you any contact with the kids. Has the court determined you to be the father yet? In a non-marriage situation, that is the step before visitation and custody.
    I am guessing that since they have three children, one of whom is 15 years old, that legal paternity has been established, even though they never got married.

  7. #7
    Join Date
    Apr 2019
    Posts
    11

    Default Re: Mother is Keeping Children Away While Waiting for Mediation Date

    so, I was thinking and I was wondering can I Sabena my kids before the 1st mediation hearing or do I have to wait till after for preparation for the first official hearing as witnesses. I would like a video interaction with my son and would like to ask my oldest a few questions noting to make her mother look bad just simple questions . am I allowed to do that A.S.A.P ?

    Thanks ?

  8. #8
    Join Date
    Sep 2017
    Posts
    493

    Default Re: Mother is Keeping Children Away While Waiting for Mediation Date

    Quote Quoting csbattle
    View Post
    so, I was thinking and I was wondering can I Sabena my kids before the 1st mediation hearing or do I have to wait till after for preparation for the first official hearing as witnesses. I would like a video interaction with my son and would like to ask my oldest a few questions noting to make her mother look bad just simple questions . am I allowed to do that A.S.A.P ?

    Thanks ?
    You canít subpoena your kids to interact with you in a video before any hearings happen. Subpoenas are for court. You really need to get an attorney who can help you understand what your rights are and how to appropriately handle this process.

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