Freezing Assets to Freeze Child Abduction

Miranda and Bob have a child together, Cory.  Miranda takes Cory and escapes from Bob because of domestic violence.  Miranda files a request for a domestic violence restraining order but the court grants Bob unsupervised visitation as part of the temporary restraining order.  Bob takes Cory during the first visit and leaves the country with Cory to Canada.  Miranda is at a loss at what to do.

California law provides Miranda with some relief.  Bob cannot leave the state with Cory without Miranda’s consent.  Effective January 1, 2013, the Legislature provides that the Court can freeze Bob’s assets while he has Cory abducted.  In other words, Bob can run, but he can’t run far without money.  The new law, SB 1206, which amends Family Code 3134.5, is a really great tool for parents who are trying to be reunited with their abducted children.

The problem of international abduction is great.  In 2010 the United States Department of State reported the international abduction of 2,488 children.  It can be very expensive and difficult to get the children back.  Efforts are often spread out on a state, local and federal level.  A parent who has had a child abducted by a another parent is wise to have legal counsel aid them in getting their child back.

SB 1206 focuses on international abductions but applies to any out of state abductions.

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