Legal Question in Family Law in California

Re: Paper Says Can't Leave State But...

I agree with Mr. Stone. If the other parent took the child to another state particularly a neighboring state for a short time the court is unlikely to do anything about it. I have seen cases where a parent took the children to visit his parents and for an activity for the children and promptly returned them at the end of the visit. These trips were outside of the area in which he was allowed to take the childen without written consent of the other parent. The court found that his conduct was a technical violation, but did nothing to punish him. If this is he case you may be a head of the game to merely have your attorney send a letter of complaint to opposing counsel to document the incident. The best approach is to carefully pick your battles. Carefully consider the severity of the violation and the affect of the violation on the child(ren) and your custodial rights.

Re: Paper Says Can't Leave State But...

I realize that some attorneys here limit their answers to "call me" or "get a lawyer." The terms of service of lawguru.com say the volunteer lawyers who answer questions (such as myself) are supposed to have a go at providing responsive answers to your questions.

That said, asking a question on some Internet bulletin board is a poor substitute for having an attorney-client relationship with a lawyer who has personally interviewed you and has read the applicable papers. I also realize that some lawyers aren't very good. I can't tell from your question whether or not your lawyer is doing a good job.

I also don't know from reading your question what duration, distance, or reason for the out-of-state trip is involved, and therefore I can only guess at whether the other parent's removal of the child from the state would likely be viewed by the court as significant. There's a legal maxim, called "de minimis non curat lex," which is translated as, "the law disregards trifles." In other words a weekend in Las Vegas, spring break at Disney World, or some other short-duration interstate trip that is not intended to deprive the court of the ability to enforce its custody orders, might not be viewed with very much significance. This may be especially true where, as here, the order not to remove the child from the state is merely a standard order printed on the back of the California Judicial Council form, and is not based on some specific act of prior misconduct by the other parent. A permanent relocation outside of the state would be an example of something more likely to attract the court's attention, if properly brought before the court by way of a motion for contempt, police report of parental kidnapping, or otherwise. But some judges might hold the other parent to the strict letter of the standard order. It depends on the individual judge; your lawyer practices before this judge on a regular basis, and your lawyer is therefore in the best position to advise you.