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Trying to change jurisdiction...

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  • Trying to change jurisdiction...

    I have my 10 yr old for the summers, and she showed me three finger marks on her rt. upper arm that is from her father grabbing her to make her get into another room to do her homework. We have a court order from CA that states there is to be no corporal punishment or physical punishment of any kind. I called the abuse hotline and since her father is not in CA at his address, but rather in W.Va fixing a house then he's coming here to take her back. They took the call and I have a child protection officer assigned. They came this morning and took a photo of the scar marks and the Sherriff told me since it occurred in CA that the Jurisdiction was there, however, he made the report and is going to fax the report to the Police in CA. He told me the best thing I have going for me is that I have physical custody of her, and a child protection agent on my side. The Sherriff can't do anything because there is no crime. IF my ex boyfriend comes from W.Va before I get an order of protection, I can call the police to ask him to not trespass, until he can show them an original document that states he has primary custody. I have to go before a Judge Monday, and ask for a temp order of protection, but how do I word it so I can be safe from sounding like a mom who just wants custody back? The officer this morning told me his supervisor wouldn't arrest her father because he was just disciplining the child. I told him she doesn't want to go back, and her father has threatened her he was going to KILL her hampsters in the past. If I don't get the protection order, I am going to have to make my daughter leave with her father. What domestic violence law can change jurisdicion for our child from CA.? How do I ask for the case to be transferred? Do I have to wait for the hearing to do that? I've registered her for school here and she can start on WED AUG 3rd....but I am standing on thin ice here, and would love some advise.
    HELP with laws and with wording my order of protection would mean the world to me!!

  • #2
    It is up to you, but this does not sound like physical abuse in the way that the courts intend to punish it. I think you should speak with the father and express that you do not want him to touch her to redirect her, and maybe suggest a technique to use. BUt that is not physical abuse and I think you may be wrong and taking time away from real and serious cases of physical and domestic abuse that really need attention. I think your overeaction may in the long run lead to the child manipulating the parents, maybe even you at some point. I also think you should drop all the reports you made to law enforcement and so on because this is a parent using a discipline strategy that you do not approve of, meaning the parents need to communicate, and this is not a matter to involve public resources in an unwarranted way to hurt a man who probably does not deserve all you have done in this matter.
    Last edited by elklaw; 07-30-2005, 12:42 PM.

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