Legal Question in Family Law in California

It's important for the children to have relationships with both parents, but not if there is a risk of harm to them. The other problem is that is during her custodial period she does anything that causes a potential risk of harm to the children, CPS could take the kids away from both of you, saying you new or should have known of the risk of harm.

But at the same time, if you don't let her take the kids, she might go to court and say you won't let her see them, and there is always the potential that the court could give custody to her, if they don't think she was doing anything bad enough that justified not letting her take the kids.

What I would do is file an Order to Show Cause asking for primary custody with visitation to the mother, and explain to the court in your paperwork all that is going on. Let it be up to the judge to decide if the situation warrants changing custody. This way, if anything bad happens while the kids are with her, at least you can show CPS that you have gone to court and that you are trying to protect the kids.

You cannot refuse to give her the kids if the current Order states she is supposed to have them. If you did, you would be in contempt of Court. You need to file an Order to Show Cause to modify custody and visitation and put your concerns about her living situation and recent bad behavior in your Declaration. You should file the request Ex Parte which means you will have a hearing the day after you notify the mother. Call the Court to get their Ex Parte procedures. Good Luck.

I agree with Ms. Chen, an ex parte would likely be in order. I usually suggest to my clients that the custody orders include a prohibition order against overnight guests of the opposite sex who are unrelated unless there is a ring and a date. Tough on both parties, but easier and in the best interests of the kids. They don't need to see mom or dad go through several relationships, or develop a bond themselves with another adult that may not be long term. Divorce is tough enough on your kids without all the drama she has now decided to invite into her life. Encourage her to move back with her parents so that you won't be forced to take her back to court when she clearly cannot afford it.