Judge Dale Wells issued an order in February 2012 specifying that 4 year old Kamal was to be separated immediately from his mother, Maha Abdel Rahim. Kamal was living in his mother’s home in Puerto Rico for 6 months prior to the evaluation and the child’s home state is Puerto Rico. The court sanctioned kidnapping was based on an evaluation report of Dianna Herrington, a private evaluator, favorably used by the Riverside Superior Court in a number of their evaluations which cited Puerto Rico’s alleged high crime rate, high poverty rate and lack of educational system as a reason to separate mother and child and place custody with the father who paid for the evaluation report.
Maha’s struggle is documented in her petition. http://www.change.org/petitions/stop-california-court-order-to-remove-my-son-of-puerto-rico
No one has bothered to ask Judge Dale Wells as to what jurisdiction he has over Kamal as CA family code 3402 (g) specifies that a home state is defined as where the child has lived for 6 months. (g) “Home state” means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.
Judge Wells initiated Maha’s order of no visitation in February 2012 and only wants to make a final ruling in August 2012 to artificially create a 6 month residency for Kamal. Perhaps the Riverside Superior Court would care to explain the legal ramifications of kidnapping a child from his mother in Puerto Rico merely for the sole purpose of creating a residency in a different area.