Legal Question in Family Law in California
My husband has a custody order for his daughter and it states that he is solely responsible for the transportation to and from his scheduled visits. We live 8 hours away and he drives there once a month, so his daughter has to sit in the car for 16 hours. We have offered to fly her because its only an hour flight and so much better for his daughter, but the mother refuses to let that happen. Because he is solely responsible for transportation, if we booked his daughter a flight and her mother refused to put her on it, does that violate the custody order?
2 Answers from Attorneys
If the transportation order does not expressly prohibit flying, then using that mode of transportation seems permissible. However, if the mother refuses to comply with this arrangement, a return to court on a motion may be required.
I agree with Ms. Kock. Unless the mother can be persuaded to allow the child to fly, you will have to go back to court one way or another. Either you can go the confrontational route by booking the flight and then, when she refuses to put the child on it, filing an Order to Show Cause why she should not be found guilty of criminal contempt of court, or you can file a motion for a modification of the existing order to expressly allow air travel and requiring the mother to comply. I doubt I have to tell you which one would be viewed more favorably by a court that expects everyone to put the child first and keep as much conflict out of her life as possible.
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