Legal Question in Family Law in California

Re: Dual citizenship Japan/US 13-16 y/o custody question

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NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry; are the parents married, divorcing, divorced? If the latter two, are there any court orders in effect?

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

Re: Dual citizenship Japan/US 13-16 y/o custody question

If there is no order prohibiting the leaving the U.S., one parent can take the children to Japan without the consent of the other parent. Good Luck, Pat McCrary

Reply: Dual citizenship Japan/US 13-16 y/o custody question

In California, children can have some say so but it is not up to a child to make the ultimate decision, it is up to the parents, and when the parents disagree, it is up to the Court. If you file for divorce in California, or legal separation, you are given automatic temporary restraining orders, which include an order restraining both parents from taking the children out of California without the written consent of the other parent or order of the Court.

Good luck to you.

Brian Levy, Esq.

www.calattorney.net