Request for Order – Child Custody
Petitioner filed a request for order (RFO) for custody orders and for orders regarding disposition of certain property, alleging that Respondent has misappropriated property belonging to his mother. The parties mediated the custody issues, but the property issues remain outstanding. In his reply, Petitioner asks for an order that the property at issue be ordered to be held in a safe deposit box. Respondent identifies certain property in her possession and asserts there may be a community property interest in that property.
Characterization of property is an issue reserved for trial. Both parties are subject to the automatic temporary restraining orders (ATROS) that prevent them from disposing of property, and both owe continuing fiduciary duties to the other, which must be respected.
Petitioner’s mother has other means to enforce her property rights, should she deem that to be necessary.
Petitioner’s request for an order that the property be held in a safe deposit box is DENIED without prejudice.
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