My sister in wshington state is I think issueing a restraining order against me. Issue is my 88 y/o father wants to come home here to calif, California Wills, Trusts, Probate

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Question: Wills, Trusts, Probate - California

Asked on 11/4/2009

My sister in wshington state is I think issueing a restraining order against me. Issue is my 88 y/o father wants to come home here to calif,

my father has been in washington state last 3 years, he is from CA and wants to come home and be iwith me and my mother(they are not legally married but have been together over 60 years and want to be together. When My sister who has POA found this out she forbid me from talking to my father again,mother limited or no access. I contacted APS on her for the situation. She is using that to make it seem I am harassing her. SHe is holding him against his will, and she is trying keep me from contact. When I get the order, can I write to judge what is really going on,,can I change court date?

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Answers (1):

B. B., Member in Good Standing of the New Jersey Bar

You can't put your testimony into the record of a court case with a letter to the judge, because the letter isn't under oath and even if you had it notarized as an affidavit, it can't be cross-examined.

I'm afraid that you're going to have to go to court in Washington State, and I think you're going to need an attorney there who has experience in elder law. The situation you're dealing with here is difficult, but not really unusual, and there isn't anything that you can do other than dig in and start working on getting the truth in front of the court.

Answered on 11/4/2009
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