Legal Question in Family Law in California

Unless there is a pending divorce or parentage proceeding, or an existing order to the contrary, yes, it is legal. When a divorce action is served, the summons includes an automatic restraining order that include an order that children of the marriage not leave the state without the other parent's permission or a further court order. Most custody agreements prepared by attorneys allow the children to travel out of state, but not the country unless agreed or ordered. But if there is no divorce or order in place, it is perfectly legal.

Yes it is legal until you file an action for custody. At that point in time, if thye children are still out of state and have been out of state for a short period of time, the judge will probably order them returned. I suggest that you get a consultation so you will know your rights, obligations and options. Good Luck, Pat McCrary