Legal Question in Family Law in California

If the (estranged) father refuses to give a letter for our son to go out of the country on vacation what can you do?


Asked on 4/28/10, 7:06 pm

2 Answers from Attorneys

Colin Greene Russakow, Greene & Tan, LLP

What are the existing court orders? If you have sole legal and physical custody, and no travel restrictions, you can go. Otherwise, you can go to court and request an order permitting you to travel abroad. If the father is in fact estranged, I'd ask for sole legal and physical custody at the same time I asked for orders permitting the travel.

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Answered on 5/03/10, 7:56 pm

Actually, sole physical and legal custody without travel restrictions still prohibits taking the child out of the country without the other parent's consent or a court order. You also cannot get a passport without both parents signatures. If you can't get the other parent to agree, you will have to get a court order.

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Answered on 5/03/10, 11:07 pm


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