Notice of ex parte hearing
On Wed, Nov 09, 2011, 12:06 AM, Patrick Fox wrote:
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Wed, Nov 09, 2011, 12:06 AM
Subject:
Notice of ex parte hearing
Desiree: Since I've not heard back from you it is now my intention to proceed with another ex parte hearing as directed by Commissioner Lowry. This email serves as the required 24 hour notice of that hearing. I will also call you before 10AM Wednesday, November 9, 2011 to notify you by telephone. I will be requesting the hearing Thursday, November 10, 2011 and the hearing will be held at 8:30AM at the Compton Courthouse, 200 W. Compton Bl, Compton, CA, just as the previous one. The purpose of the hearing is to notify the court of your failure to cooperate in immediately returning Gabriel as clearly ordered by the Court on November 8, 2011. And I will be requesting the Court issue a warrant for your arrest and that they direct the local law enforcement in Phoenix to take custody of Gabriel so that I may pick him up. See Cal.Fam.Code section 3451 and A.R.S. section 25-1061. I am confident the Court will grant the request because the order was unequivocal and because you have already failed to comply with other orders. The net result will be that the local police will go to your work and arrest you; then they will go to your house and take custody of Gabriel. They will hold Gabriel until I, or a party designated by me, arrive there to pick him up. Because the charges will be originating in California you will probably be extradited to Los Angeles County and you will probably have a very high bond because you live out of state. You may be thinking that if you bring him on Saturday then he'll be back here before the warrant is executed so it'll be moot. That's not the way it works. You'll still be arrested for failing to comply with the Court's order and for failing to return Gabriel at the time so ordered. Also, be aware that failing to return a child by the time ordered will very likely result in a complete loss of any further custody and/ or visitation rights. So, that's all I have to say for now. Fox
On Wed, Nov 09, 2011, 8:41 AM, Desiree Capuano wrote:
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Wed, Nov 09, 2011, 8:41 AM
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Re: Notice of ex parte hearing
As I stated before Fox - I will meet you at 3pm on Saturday at the location you indicated. You are more than welcome to drive out here and pick him up sooner and I will compensate you with money for the additional gas if you would like. I am not being difficult or attempting any subterfuge by this - I simply have work issues I cannot drop.
On Wed, Nov 09, 2011, 9:36 AM, Patrick Fox wrote:
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Wed, Nov 09, 2011, 9:36 AM
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Re: Notice of ex parte hearing
Desiree: You are not required to bring Gabriel personally. Any other person can bring him on your behalf. You can also bring him after work. It occurs to me that you could easily have brought Gabriel last night and been back home in time to go to work this morning. I can meet you this evening, after work. I see no reason why you cannot drive the 3 2/5 - 4 hours after work. If you leave by 5pm you should be able to make it there by 9pm. I'm sure you wouldn't have too much problem leaving work a little early. Alternatively, you can have someone else drive him. If this is not done by today I am going to the Court tomorrow and they are not going to care about your work schedule when they issue a warrant for you. I believe I am being much more accommodating than a I am required to be in this matter. Please let me know so I can make the arrangements on my end. Thank you, Fox