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The original item was published from 2/1/2016 4:57:50 PM to 2/11/2016 12:00:00 AM.

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District Attorney

Posted on: February 1, 2016

[ARCHIVED] District Attorney's Office Facilitates Return of a Child taken in violation of Custody Order

Sonora, California – After working with officials from Louisiana, the Tuolumne County District Attorney’s Office and the Tuolumne County Sheriff’s Department were able to facilitate the return of a child who was taken out of state by the Mother in violation of the Family Court Order.

In August 2015, the Father contacted the Tuolumne County District Attorney’s Office to report the Mother of his child moved the child out of the state in violation of the Family Law Court Order.

Once the court order was verified, the District Attorney’s Office relied on Family Code section 3130 et. seq. to intervene. Specifically, Family Code section 3131 states: “If a custody or visitation order has been entered by a court of competent jurisdiction and the child is taken or detained by another person in violation of the order, the district attorney shall take all actions necessary to locate and return the child and the person who violated the order and to assist in the enforcement of the custody or visitation order or other order of the court by use of an appropriate civil or criminal proceeding.”

Under Family Code section 3133, the District Attorney’s Office applied for and obtained appropriate court orders from both Tuolumne Superior Court and the Louisiana Superior Court to proceed with having the child returned to California. The District Attorney Investigator then coordinated with Louisiana law enforcement in obtaining necessary information to locate the child. Once the child’s location was verified, the District Attorney Investigator, along with a deputy from the Tuolumne County Sheriff’s Office, flew to Louisiana and located the child. After appearing in Louisiana court and getting the court’s approval, the child was turned over to the Father to fly back to California.
For more information, you can contact Traci L. Witry, Deputy District Attorney at 209-588-5450.

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