Legal Question in Family Law in California

My husband left me and our 2 children (9 and 6) in September. He moved in with his sister and still lived there when we had our first hearing. At that hearing we were issued a court order stating we have joint custodies and the days and times he got to be with them. It also stated that we both have to give the other party 45 days notice before changing our primary residence. His sister and he are no longer on speaking terms. He moved into his girlfriends house. Before yesterday he had been pretending to still live with his sister. He told me yesterday, in front of our children, that he didnt live with his sister anymore and would be taking the kids to his new residence. I reminded him that the order states 45 days notice must be given. He has them this weekend and he took them over there. Even after me reminding him again today via text message that he can't do that. I have always let them go with him without fight until now. That is not a moral, emotionally safe environment for my kids. And there was 1 day notice given to me. My question is this: what can I do? Is there anything I can do this weekend (police??) to get them the heck out of there? Can I not give them up on his future days because he broke the order? I dont want to be considered kidnapping them or anything but i need to keep them safe. Also, the order reads like this "Physical custody: The children shall reside with their mother except on alternating weekends from friday after school to monday morning when they are returned to school and on each tuesday and thursday from after school to 7:00 pm" and "both parties must give the other party 45 days notice prior to relocating their primary residence. neither party shall change the children's residence without first giving 45 days notice and obtaining either the prior written consent of the other party or a court order." So, doesn't that mean the chldrens residence (on tues/thurs/every other weekend) has now changed without my consent? Thanks for any advice.


Asked on 2/25/11, 10:08 pm

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

I assume that you have counsel. You should file an ex parte motion with the trial court revoking your husband's visitation on the basis that he is taking them to a place that is not in the children's best interest. I assume that the 45 day notice violation will probably expire before you can get a hearing. You can refuse to allow the children to visit but that is risky. A court order vacating the visitation until your husband establishes an acceptable residence is a better resolution. You should consult your attorney.

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Answered on 2/26/11, 4:03 pm


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