Legal Question in Family Law in California

Re: Divorce, Custody and International relocation

Since you already filed, I am assuming you asked for child custody, then, there is a restraining order regarding the children and where they can live. Surely, you can violate the restraining order. But, you might want to dismiss the action, move to Canada, and, then, file another action either in Canada or California. That way, if you leave then you wouldn't have violated a restraining order. Good luck and thanks for inquiring.

Re: Divorce, Custody and International relocation

If you move your children to Canada, your husband could get an order from a California court ordering you to bring the children back to California and would also have a good argument to keep custody of the children. California has exclusive jurisdiction for a custody order for at least six months, maybe longer. I suggest that you do this straightfoward and ask you husband for permission to move the children to Canada. If he does not grant permission, seek the advice of a Family Law attorney who is familiar with move-away custody cases. There is no guarentee that you will be able to move. Doing otherwise could cost you a lot of money and custody of the kids. Good Luck, Pat McCrary