Legal Question in Family Law in California

Ex and I share temporary custody. I have the majority of time. Ex has given me notice that he plans to to our child on vacation for one week. Ex refuses to tell me where he is taking child, give me an itinerary, address, etc. Our orders only say each of us needs to give the other 30 day notice of a vacation, and that neither of us may remove child from country without written permission from other parent. Since I don't know where he is taking child, I am concerned he will take child out of country. I also want to know if she is flying, so I can check on the flights and stay alert in case of emergencies related to the flights. Is there a California law stating that I have a right to know where my child is being taken? Do I have a right to have contact with child during the period away? Would I win on an exparte motion, if that is what I need to do to get what I am asking for? Thank you!


Asked on 8/20/10, 4:09 pm

1 Answer from Attorneys
Diane Singleton-Smith Singleton Smith

I would file an ex parte motion if the vacation is set to take place in less than 45 days. Ask for an Order Shortening Time if the court won't hear it ex parte. You have a right to know where the child is going on vacation. Some judgments provide for contact during your non custodial time. Would you win? There are never guarantees in family law. You might try telling the other parent you are considering taking him you will file an emergency motion if he does not cooperate.

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Answered on 8/28/10, 2:10 pm


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