Legal Question in Family Law in California

Re: Taking a child out of the country.

He needs to talk to his attorney regarding this matter right away. If the divorce papers have been filed and served, she may need to ask the court for permission first. make sure if he doesn't have an attorney already, he should retain one immediately.

Re: Taking a child out of the country.

The mother should not move out of the county without obtaining permission of the court first, or permission of the father. If a divorce action is filed then there is an automatic restraining order against moving out of the state. I did have a consultation earlier this week with a mother who lost custody because she moved from the county and she now wants to appeal, which is very expense and difficult. Whether a court would allow her to move is a difficult question to answer since there are many factors that go into a judges decision to allow a parent to move away from the other parent. You are best to retain an attorney who handles child custody matters who can go over all of the factors and the tendencies of the judges in your

county. I recently taught a seminar to attorney's on move away requests in the El Cajon court and can tell you that no one should give you a straight yes or no answer to the question, but an experienced attorney can give you some good direction and preparation for the requests. My general impression is that the court will not allow the move to Japan. However, your boyfriend should retain an experienced attorney to protect his rights to his child. Good Luck, Pat McCrary