The other parent already left the state before I could serve them with the Summons and Petition. Do the ATROs apply and can I serve the other parent with the Summons and Petition to make them return the child?
Posted By Paul A. Eads
ATROs do not apply if the child is already out of the state of California when the Petition is filed, nor does mandatory restraining orders in the Summons require that the child be returned to California. For this very reason, it is imperative if you believe there is any risk the other parent may remove the child from the state, that you should file and serve them with the initial Summon and Petition immediately. If a parent acts in violation of the ATROs, specific remedies are available to that parent that are not otherwise available to the parent who did not serve these documents.