nettie_40
10-11-2006, 11:34 AM
My husband has been fighting for custody of his daughter for over 4 years. His ex-wife has violated the visitation order in place for two years and finally a judge in Delaware granted him mandatory visitation to commence on 15Aug. (meaning his daughter was to be here on that day) and then temp. custody with us having to return his daughter this Nov. for her Thanksgiving break.
We live in California and the day after the hearing his ex-wife did NOTcall so we could make travel arrangements. The court decision stated,"Any further violation of the court order will NOT be tolerated." She violated it because she didn't contact us until 18Aug. and tried everything to avoid sending his daughter here until my husband finally told his ex that he would call with the flight info. and she better be on that plane. We finally got her on 25Aug. 10 days after the stated court order date.
His daughter is 14 and doesn't want to go back home. She has been in counseling here (her mother disobeyed that part of the court order too, she never took her to counseling for over two years and it was ordered by the court) and she is clinically depressed, into self-mutilation and has had thoughts of sucide. We requested for a priority hearing and we were denied in Delaware. My question is: CAN WE FILE IN A CALIFORNIA COURT FOR TEMP. CUSTODY TO CONTINUE IF HIS EX DOEsn'T ALLOW HIS DAUGHTER TO FINISH OUT THE SCHOOL YEAR HERE WHEN SHE ASK HER IF SHE CAN? Please help because our biggest concern is the best thing for his daughter and her counselor agrees she shouldn't be returned home and she is writing a statement to that effect to the judge in Delaware. Thank you.
We live in California and the day after the hearing his ex-wife did NOTcall so we could make travel arrangements. The court decision stated,"Any further violation of the court order will NOT be tolerated." She violated it because she didn't contact us until 18Aug. and tried everything to avoid sending his daughter here until my husband finally told his ex that he would call with the flight info. and she better be on that plane. We finally got her on 25Aug. 10 days after the stated court order date.
His daughter is 14 and doesn't want to go back home. She has been in counseling here (her mother disobeyed that part of the court order too, she never took her to counseling for over two years and it was ordered by the court) and she is clinically depressed, into self-mutilation and has had thoughts of sucide. We requested for a priority hearing and we were denied in Delaware. My question is: CAN WE FILE IN A CALIFORNIA COURT FOR TEMP. CUSTODY TO CONTINUE IF HIS EX DOEsn'T ALLOW HIS DAUGHTER TO FINISH OUT THE SCHOOL YEAR HERE WHEN SHE ASK HER IF SHE CAN? Please help because our biggest concern is the best thing for his daughter and her counselor agrees she shouldn't be returned home and she is writing a statement to that effect to the judge in Delaware. Thank you.