How can I get my son back if his father wont give him back to me? 8 Answers as of May 30, 2013

I have primary physical custody of my son and share joint legal custody with his father. We live in separate counties and he has visitations every other weekend. I'm moving to a different county and he will not give me permission to move our son and is now refusing to give him back to me. How can I get my son back? Do I file a new order to show cause an ex parte?

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Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
If you have a court Order that identifiably states the child(ren) are to be in your possession at this time a police officer may enforce the Order and obtain the child for you. If the police will not intervene (they have no obligation to do so), then you will need immediate court assistance. Many of these problems stem from the fact that the Order is vague, and a police officer cannot find the terms to be specific enough for enforcement. When you are dealing with children, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!
Answer Applies to: California
Replied: 5/11/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If your existing order states your custodial timeshare, have the police do a standby to assist you in picking up your son. If your move to a different county will change the ease in allowing for the current court ordered visitation plan, you should consider returning to court to address your move and the need to change the visitation schedule.
Answer Applies to: California
Replied: 5/11/2012
Peyton and Associates | Barbara Peyton
File a motion with the court that made the current order to get things unraveled.
Answer Applies to: California
Replied: 5/10/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
Yes, you need to file a motion to get the custody orders enforced. If you are moving and need to change the current orders, do it all at once. File to get your son back and to change the orders.
Answer Applies to: California
Replied: 5/10/2012
Law Offices of Frances Headley | Frances Headley
If you have a custody order, seek the assistance of law enforcement to get your son returned to you. If your move requires a change in the visitation schedule you need to file a motion to allow the move away and set up the new visitation plan.
Answer Applies to: California
Replied: 5/10/2012
    Law Office of Rhonda Ellifritz | Rhonda Ellifritz
    Yes.
    Answer Applies to: California
    Replied: 5/30/2013
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You do two things: first, call the police to enforce your current order. If they refuse, go in on an emergency basis to get the court to order them returned to you. Second, file a motion to modify the current order so that you are permitted to move.
    Answer Applies to: California
    Replied: 5/10/2012
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes, you can file an ex-parte motion as you suggested in your question. You can and should also call the police ASAP. Show the police the current custody order, and that dad refuses to return your child to you during your custodial time.
    Answer Applies to: California
    Replied: 5/10/2012
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