Legal Question in Family Law in California

Yes if no legal action is pending there is nothing from stopping either parent from taking the children anywhere. Once a divorce or custody proceeding is filed there is an automatic restraining order against both parents that prohibits leaving the state with the children without a court order or the other parent's written consent. That order is a part of the family law summons and is effective as soon as it is served on the other parent. Until that happens, though, either parent can take the kids anywhere.