Legal Question in Family Law in California
I want to move out of state with my nine-year-old. I am the primary residence. My agreement says I must notify by certified mail 45 days prior to moving which I have done (Sept. 1). My ex's attorney has threatened me with a restraining order to prevent the move until I get a court order (although it doesn't say I need one in the settlement). I can file an order, but what would the restraining order mean? How can I prevent it? I have done what the agreement stipulated.
Thanks!
Shannon
1 Answer from Attorneys
The notice doesn't give you the right to move away with your child. It is to give your ex the chance to get just the restraining order he is threatening, rather than have to chase you out of state to enforce a contempt of court citation when you stop complying with the present visitation agreement/order. Unless you can keep the exact same custody/visitation schedule from out of state, you have to get a new order or you will be in contempt of the existing one. If you threaten an act of contempt by moving away, your ex can get an order that prevents you from moving your child out of the state until there is a court hearing on a new order. That is the restraining order. The way you prevent it is by filing a motion or OSC for a modification of custody/visitation (and support most likely) that will provide a schedule of visitation with your ex from out of state. He will quite possibly file a counter motion to have primary custody switched to him. So be prepared for that. Move-aways are one of the most hotly litigated issues in family law.