Legal Question in Family Law in California

Yup. Either parent is free to move anywhere they like with the kids unless there is a court order otherwise. When you file for divorce, the summons contains an automatic restraining order against leaving the state with the kids, but until then there is no legal barrier. HOWEVER, under the uniform statutes adopted in most, and I think actually all, states, jurisdiction over the children remain in the state they are taken from for six months. So for up to six months after a spouse takes the children to another state you can get an order that they be returned, and the other state will generally enforce it. But of course that will involve a LOT of time and expense for lawyers in two states. So if you headed for divorce and know your spouse is going to try to pull a pre-filing move-away, its best to get the divorce filed and the summons served so the automatic restraining order is in place.