Location of a Missing Party in Child Custody Cases

The California Family Code, in Division 8, Part 2, Chapter 8, deals with the location of a missing party or child in legal actions regarding the right to custody of minor children.

Section 3130 provides that, if a petition to determine custody of a child has been filed in a court of competent jurisdiction, or if a temporary order pending determination of custody has been entered, and the whereabouts of a party in possession of the child are not known, or there is reason to believe that the party may not appear in the proceedings although ordered to appear personally with the child, the district attorney is required to take all actions necessary to locate the party and the child and to procure compliance with the order to appear with the child for purposes of adjudication of custody. The petition to determine custody may be filed by the district attorney.

Section 3131 states that, 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 is required to 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.

Section 3132 requires the district attorney to act on behalf of the court and not represent any party to the custody proceedings.

Section 3133 provides that, if the district attorney represents to the court, by a written declaration under penalty of perjury, that a temporary custody order is needed to recover a child who is being detained or concealed in violation of a court order or a parent’s right to custody, the court may issue an order, placing temporary sole physical custody in the parent or person recommended by the district attorney to facilitate the return of the child to the jurisdiction of the court, pending further hearings.

Section 3134 states that, when the district attorney incurs expenses pursuant to this chapter, payment of the expenses may be advanced by the county subject to reimbursement by the state.

Section 3134.5 allows the court, upon request of the district attorney, to issue a protective custody warrant to secure the recovery of an unlawfully detained or concealed child. The request by the district attorney must include a written declaration under penalty of perjury that a warrant for the child is necessary in order for the district attorney to perform the duties described.