Legal Question in Family Law in California

Ex is moving out of state and trying to do with out telling me

My ex is moving out of state with out my permission or the permission of the court. I am the non custodial parent, with supervised visitation. My ex has canceled the last two visitations and is moving as we speak. We have temporary custody orders and have been going thru a lengthy custody battle. What should be my first move in getting custody of my child, after my ex is gone? Per our temporary order my child is not suppost to be removed from our county for the purpose of changing my childs residence. My ex has gained employment out of the state of california and will be starting work on monday. What should I do first. There has been no new orders granting my ex to move out of state.


Asked on 3/15/03, 9:52 pm

3 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Ex is moving out of state and trying to do with out telling me

first of all, i totally empathize with your situation and hopefully it can be resolved fairly and quickly. time is definitely of the essence from the facts you have given thus far, especially if your ex is moving out of state today with your child. if it is not too late, you may want to try ASAP to get an emergency temporary restraining order to prevent your ex's move with the child since it violates your original court order. thus, if your ex moves despite this restraining order, he/she would be in contempt, in which you would have civil and/or criminal remedies availabe to you. secondly, you should also motion the court for an order to show cause and get a custody modification once your ex moves with your child, so you can at least be able to see your child and have your ex pay for transportation costs for your child to come see you according to the court ordered schedule. if you would like further assistance or representation on this matter, please contact my office via email today. hopefully we can help assist you asap, as time is of the essence.

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Answered on 3/17/03, 7:47 am
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Ex is moving out of state and trying to do with out telling me

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry; however, I would

say that this situation is too complex and emotionally-charged to try to handle it on your own. It will be challenging even for an experienced family law attorney. You should contact one in the county where the case is pending for specific advice and possible representation on your behalf.

Thanks for sharing your interesting inquiry, and good luck with your case.

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Answered on 3/16/03, 7:04 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Ex is moving out of state and trying to do with out telling me

You should have acted sooner. You need to request that the court issue a temporary restraining order that she cannot move the child from the state without a further court order. You could also file a OSC in re Contempt if she moves.

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Answered on 3/15/03, 11:38 pm


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