Legal Question in Family Law in California

Which jurisdiction applies?

Considering an application for a court order to have the custodial mother make some contribution towards travel for visitation. Mother is US citizen & Californian resident, and moved away from the father who is a British citizen resident in UK. Child is legally US citizen. Father has spent many thousands of dollars travelling to see his child over the years, and cannot continue without some assistance. Would application be subject to Californian law? Or British law? Thank you.


Asked on 12/03/08, 5:54 am

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Which jurisdiction applies?

If there is no current order then jurisdiction would be in the State (and county) where the child has lived for the last six months. If there is a current custody order then jurisdiction lies with the court that made that order. Good Luck, Pat McCrary

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Answered on 12/03/08, 12:13 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Which jurisdiction applies?

Which court made the original order? In California the court has discretion to give you a hardship deduction to cover travel expenses.

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Answered on 12/06/08, 3:03 pm


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