Legal Question in Family Law in California
I have an 8 yr old daughter with my ex. We had done a stipulation prior to our divorce in which we have joint custody with her primary residence with her father. I have weekends with her. We have holiday schedule in which I get her starting on her holiday vacation starts from school to Christmas day at 2p. Our divorce judgement was done after and the stipulation was not included, only states joint custody and as agreed by both parents. Nothing else is marked. I had asked to take her on vacation out of state,missing 5 days from school and extends past the stipulation visitation. However I have friend,legal secretary who says the judgement supercedes the stipulation and I can take her without legal consequences. I did ask the father in email which includes the internary and all details with return flight back home. What can happen to me if I take my daughter anyway? Legally?
2 Answers from Attorneys
What you should have done is to file your stipulation with the court so that it would become an order. There is a special form for it which you can get from the court clerk. It is difficult to answer without seeing the actual order. For example, the language "as agreed by both parents" could mean the court adopted the stipulation. You can take the court order and stipulation to a family law attorney to ask for advice. Did the father agree to the trip? Even if the stipulation was not included in the order, the father still has a right for breach of contract since you consented to the stipluation and now would break it.
To answer your question, worst case scenario (and this is more theoretical than likely), would be a charge for contempt of court and possible overnight stay in your local jail. Since you have an existing family law case number, you may file an Order to Show Cause to modify your current custody order, and even most likely avoid filing fees. The next step would be mediation wherein you and your husband can come to terms regarding any modified custody and vacation orders, and have your custody and visitation properly modified.
The penalty for violating custody orders is an action for contempt, not one for breach of contract.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
