Was wondering if someone could give a little advice. California

[OBeans]

Was wondering if someone could give a little advice.

I have a son from a non-marriage relationship. We recently separated and I have her property in my home all boxed up. How do I force her to remove her property from my home as I have a restraining order on me?

Second, is it possible to prevent her mother from taking my son to a church that I find not being suited to my son best interests? I have joint and legal custody of my son at this time, so how do I go about enforcing that issue?

[mommyof4]

Was wondering if someone could give a little advice.

I have a son from a non-marriage relationship. We recently separated and I have her property in my home all boxed up. How do I force her to remove her property from my home as I have a restraining order on me?

Second, is it possible to prevent her mother from taking my son to a church that I find not being suited to my son best interests? I have joint and legal custody of my son at this time, so how do I go about enforcing that issue?

As for the property, box it up, store it, and contact the police (or whomever you are dealing with) to set up a time for her to come get it.

The church services? No, you have no right to tell her what faith she exposes your son to during her time, just as she has no right to tell you the same. You don't get to enforce your religious beliefs during her time.

[OBeans]

That is the issue. She has not provided a time or a means, or details about picking up her personal property. As it stands now I am storing her property and I must have her items moved for financial reasons.

Do I ask the court to have her property removed and provide a means to have it disposed of if she refuses to provide a means for picking up her property?

There are provision that can be put into a parenting plan that specify certain conditions:

An example is not smoking around my son.

Just as an example:

If she is taking him to a Branch Dividian, is that in his best interests?

I have seen conditions in parenting plans that prevent taking your child to a church or that churches functions.

As his legal guardian also, I have the right to make decisions on his welfare and upbringing.

Do you find this to be true?

[mommyof4]

That is the issue. She has not provided a time or a means, or details about picking up her personal property. As it stands now I am storing her property and I must have her items moved for financial reasons.

Do I ask the court to have her property removed and provide a means to have it disposed of if she refuses to provide a means for picking up her property?

As she has not set a date or time, YOU set the date/time. You are not required to indefinitely store her things for her. You just want to do it in a way that will not put you at risk of violating the restraining order. Do you have an atty? If so, have your atty contact her or her atty and inform when and where she may pick up her things. It's on her if she ignores the notice.

There are provision that can be put into a parenting plan that specify certain conditions:

An example is not smoking around my son.

Just as an example:

If she is taking him to a Branch Dividian, is that in his best interests?

I have seen conditions in parenting plans that prevent taking your child to a church or that churches functions.

As his legal guardian also, I have the right to make decisions on his welfare and upbringing.

Do you find this to be true?

An order banning smoking around the child will be backed up with medical documentation that it is seriously hazardous to the health of the child (as in the child has asthma). You both have the equal right to raise your child in the religion or faith that you see fit. That means that when it is her time with the child, she gets to choose. When it is yours, you get to choose. Now, if you think you can go to court and prove to the judge that her religious beliefs are damaging to the child (based on fact, not just on your opposition to her belief or faith) then more power to you.

I strongly suspect that your ex is not a Branch Davidian.