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Thursday, August 24, 2017

Another Win for Client!! Wrongful Moving of Child to Another State

Another WIN for a former pro se client!!!    

Attorney helped pro se client Sean S. after the former girlfriend (mother of child) actually physically took the minor child from California, to another state, despite fact that client had already established jurisdiction (UCCJEA) in California, by having filed the proper documents.

When he attempted to serve her, the mother had already left the state, but we were unsure of it. Later, the mother tried to claim she had established jurisdiction in the other state, which was virtually impossible due to the short time that had elapsed. [the subject of jurisdiction is different for parentage actions vs divorce actions, so do not assume anything and make sure you know the correct law for the case that you have..]

Subsequently, attorney helped client (still pro se) contact the child abduction unit and he went to SHARP to get the correct papers lodged and then served.  It did take almost 2 months, BUT in the end, the mother was served personally in the other state successfully!

We then appeared in Court recently, and requested an Order for the mother to immediately return the child to California,  our Request was granted, Judge issued an order, and a court date right after Labor day 2017 was set. If the mother does not appear, then the abduction unit will contact the proper authorities and ensure return of the child.  
---->UPDATE: Judge ordered that the minor child must remain in California, that California had jurisdiction, and client was given visitation pending full mediation.
If YOU have a parentage case, do not wait around before filing your documents.  Especially if there is a possibility of abduction, or flight from the Country (such as going to Mexico and never coming back)--- you are taking a huge risk by failing to file and serve your documents ASAP.

“Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result.”