Legal Question in Family Law in California

Ex moving with children
My court order states that a 45 day notice must be given by either parent if one or the other moves. It cites that all info must be provided in a certified return receipt mail. The ex sends a one line note that he is moving over the internet. Is this proper service? He also is refusing to give me the information for his new location and he is leaving in two weeks. The email was only sent a week ago.

Asked on 3/31/08, 10:08 pm

2 Answers from Attorneys

Kendra Thomas Law Offices of Thomas & Associates

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Re: Ex moving with children

This is not proper notice, the court order required him to send it certified return receipt mail. However, this needed to be done to ensure receipt of the information by the other parent.

If this parent is moving with the child, it is standard practice for the parent to have to provide the address that they are moving to.

Since your ex is obviously not complying with the court order, you may be able to move the court for contempt. A contempt order carries possible criminal fines and/or jail time.

So, if the parent does not give you a new address, this may be an avenue you consider. However, keep in mind that you want to pick and choose what violations that you file motions on. If you bring a motion on something the judge finds trivial, you may fall into disfavor with the judge. I would suggest that you try to work this matter out with your ex before bringing a contempt motion on it.

To resolve the issue, you may consider sending your ex a letter certified return receipt mail, confirming the move and requesting his new contact information. Explain that failing to respond will result in your filing a contempt motion.

Answered on 3/31/08, 10:43 pm

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