Legal Question in Family Law in California

I have 35% custody of my three children, pay child support and one half of all dental, clothing, sports, etc. costs. My ex-wife want to accept a federal job in Brazil for three years where housing, schooling, transportation, babysitting will all be free and take the children. I am opposing this. She says she can get a letter from the Dept. of Justice and I won't be able to stop her from taking the children-is this a fact?

If she does get granted permission to take them out of the country what happens to my time with them? What options do I have to keep them from leaving the country. Will I still need to pay child support?


Asked on 2/03/10, 1:46 pm

1 Answer from Attorneys

The DOJ cannot override California Family Law and the decisions of California courts by a mere letter. She may, however, be able to get a DOJ letter that bypasses the requirement that you jointly apply for passports. If she does that and takes them out of the country without the California courts' permission it will technically be a parental kidnapping. This would then get really messy, as the news reports recently about the NJ dad trying to get his son back from Brazil illustrate (though the mother's being Brazillian added a complication you don't have to deal with). So I would recommend strongly that you take a proactive approach and apply for a modification of custody and support that requires the children to stay with you and have visitation with her, either requiring her to take vacations here to see them, or under strict controls if they will visit her there.

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Answered on 2/08/10, 5:47 pm


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