Legal Question in Family Law in California
can a spouse leave the state with children without permission when there is an open er case and a divorce filing
Asked on 7/17/12, 4:17 pm
1 Answer from Attorneys
Not if they have been served with the divorce summons (or if they were the petitioner), unless they have the consent of the other parent or an order from the court allowing it. The Family Law Summons contains an automatic restraining order against a number of things, including removing children from the state. By filing it the petitioner becomes subject to it, and by being served the respondent becomes subject to it.
Answered on 7/17/12, 4:31 pm