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Child Abduction/Visitation Questionnaire

  1. The Child Abduction Unit of the Merced County District Attorney's Office exists to aid parents who have had children abducted, to prosecute those who have violated the criminal laws in appropriate cases and to represent the Superior County pursuant to Civil Code Section 4604, when the Court orders the District Attorney to locate and recover missing children. The left behind parent must open a case in the county where he/she lives.
  2. At no time is the District Attorney representing you as an individual. You are a victim/witness. The District Attorney represents the People of the State of California and/or the Superior Court.
  3. Since we do not represent you, there is no attorney-client relationship. Therefore, any information you provide the District Attorney's Office is not confidential and may be subject to disclosure pursuant to court rules or at the discretion of the staff of the District Attorney's Office. Your address and telephone number will not be released to the other parent without your authorization. The other party's address will not be released to you without his or her authorization.
  4. IF YOU DO NOT HAVE A COURT ORDER FOR CUSTODY/VISITATION, YOU MUST OBTAIN ONE AS SOON AS POSSIBLE. IT MUST BE FILED IN THE COUNTY WHERE THE CHILD HAS LIVED FOR THE LAST 6 MONTHS. If you have an ongoing visitation problem and a valid court order, you must bring the problem before the Court (Order to Show Cause re: Contempt) and show a good faith effort to resolve the problem in court before the District Attorney's Office can consider handling your case. If you have an order which states "reasonable visitation," you must petition the Court to specify your visitation rights. Otherwise, the court order is unenforceable. If you and the other party have verbally changed the terms of the order, you must go back into court for a new order. In order to bring any action before the Court, you must file the proper documents. The District Attorney is not a private attorney and cannot file papers for you. There are a few ways to file: hire an attorney, contact a paralegal, or the Self Help Center at the Court, and/or file the documents yourself.
  5. Once the District Attorney initiates a case, the decision on how to proceed and resolve that case is within the sole discretion of the office of District Attorney. If prosecution is pursued, and the suspect is convicted, you as the victim/witness have a right to address the sentencing judge by giving a statement to the probation officer prior to sentencing the subject. You also can make a statement at the time of sentencing.
  6. The first priority of this office is the location and return of those children who have been abducted and to protect those children.
  7. The Questionnaire you file with the District Attorney's Office is a POLICE REPORT. Every person who reports to the District Attorney's Investigator or another police officer that a crime has been committed, (in this case, parental child abduction), and knows the report to be false, is guilty of a misdemeanor, and can be prosecuted (Sec. 148.5 Penal Code). Further, you are declaring UNDER PENALTY OF PERJURY that the information is true and correct (Sec. 118 Penal Code).
  8. There are civil penalties, levied by the Superior Court, for filing false information on documents filed with the court. The maximum fine for those penalties is $1,000.
  9. By filing out the electronic signature section below, you are acknowledging that you read and understand the above notice.
  10. Electronic Signature*
    By checking the "I agree" box below, you agree and acknowledge that by signing in this electronic manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature.
  11. Type of Case*
  13. Sex:*
  14. Are you related to the subject?*
  15. Were you and the subject ever married?*
  16. Have you ever received public assistance, such as welfare?*
  17. Have there ever been any incidents of violence or abuse between you and the suspect?*
  18. Information Regarding Suspect
    Information regarding the parent who took the child(ren) or is denying visitation:
  19. Sex:*
  20. Is the suspect receiving or has the suspect ever received SSI, VA Beneifts, Disability Benefits, etc.?*
  21. First Child
  22. Sex:*
  23. Does the child have medical or dental problems?*
  24. Is There a Second Child Involved?*
  25. Sex:
  26. Does the child have medical or dental problems?
  27. Is There a Third Child Involved?*
  28. Sex:
  29. Does the child have medical or dental problems?
  30. Is There a Fourth Child Involved?*
  31. Sex:
  32. Does the child have medical or dental problems?
  33. Have there been any incidents of violence or abuse between you and the suspect?*
  34. Were the police called?
  35. Were any charges filed?
  36. Previous Court Actions
  37. Is there a divorce decree?*
  38. Is there a court order which addresses your custody/visitation right?*
  39. Have you obtained any other orders in this matter?*
  40. Are there any court actions pending?*
  41. Has your child ever been detained by CPS?*
  42. Are there any court orders issued regarding the detention of the child?*
  43. Have you ever been counseled by Merced County Mediation Services?*
  44. Are you currently being counseled by Merced County Court Mediators?*
  45. Additional information that might help us locate the suspect
  46. Is the suspect disabled?*
  47. Has the suspect ever been arrested?*
  48. Does the suspect have a violent temper?*
  49. Does the suspect have any habits or hobbies that would help us locate him/her?*
  50. Does the suspect have a history of any physical or mental problem that would be a danger to the child(ren)'s health or welfare?*
  51. Is there a police or medical record on file regarding this problem?*
  52. Can anyone testify to this behavior?*
  53. Is the suspect a member of any church?*
  54. Is the suspect a member of any organizations?*
  55. Provide the following information regarding the suspect's family (including brothers and sisters, whether natural, step, or half), and friends. Indicate those that will help the suspect, and those that won't:
  56. Were there any special circumstances of the crime (did the suspect use force, trickery, etc.)?*
  57. Does the suspect have any child(ren) other than those that were taken in this case?*
  58. Information needed to evaluate the problem
  59. Is this an abduction situation?*
  60. Did the suspect have assistance from anyone else in taking the children?*
  61. The following questions are not asked to pry into your personal life. This information is needed to anticipate a possible defense by the uspect in court
  62. Have you ever received or refused any correspondence from the suspect since your seperation?*
  63. Have you ever been arrested?*
  64. Have you ever been charged with any crimes against children (child abuse, abandoment, failure to pay child support, etc.)?*
  65. Have you ever had any physical or mental defect that could affect your ability to care for the child(ren)?*
  66. Statement of intent
  67. Are you willing to appear at all court hearings necessary regarding this issue?*
  68. Are you willing to appear at all investigative interviews necessary regarding this issue?*
  69. I declare under penalty of perjury that the foregoing, consisting of the above questions, is true and correct to the best of my information and belief, and that I have not willfully and knowingly misrepresented or omitted any material facts relative to this case.
  70. Electronic Signature*
    By checking the "I agree" box below, you agree and acknowledge that by signing in this electronic manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature.
  71. Note: If you move, obtain custody of the children, or decide that you do not want the assistance of this office, you must notify the child abduction unit immediately.
  72. Leave This Blank:

  73. This field is not part of the form submission.