Legal Question in Family Law in California

If there is a divorce on file, it would be illegal to even take the kids out of state without his consent or a court order. If the divorce is not yet on file, it wouldn't be illegal, but he could get an order for their return to the state for up to six months after they leave. Once the divorce is pending neither parent can move the kids out of the state without a court order and once there is a custody order in place, no parent can move anywhere, even in the state, that would not allow for the custody plan to continue as written, without a new custody order.

It depends if the Court has made any orders regarding custody or visitation. If not, both parties have equal rights to the children and the wife can move with the kids and the husband will have to file an order to show cause to prevent this.

If the Court has made orders, the wife cannot move with the kids if the husband has visitation rights with the kids and the move would impede his visitation. She would have to get permission from the Court before relocating the kids.