Legal Question in Family Law in California

Can my wife take our son to Japan for two weeks without my approval?

We currently are going through divorce, we have already agreed on a custody agreement with 50/50 split time.

She feels she can ask the court and under the pretext of it being a summer vacation to see the grandparents that the court will grant it.

I really don't want her leaving with him until the divorce is final.

Is there anything I can do?


Asked on 6/01/12, 11:33 am

1 Answer from Attorneys

Before or after the divorce is final you MUST fight travel to Japan. Japan is one of the countries that refuses to honor U.S. child custody and travel orders. It is essential that the children not go there, as it will leave her free to never bring them back with no legal recourse. The ONLY way it is safe to let her take the children there is if you have her post some bond or give some other security that assures she will not dare keep them there. You ABSOLUTELY need an attorney on this, as many judges do not understand international child custody laws and treaties and will make stupid orders if just a husband and wife appear and the one who wants to travel seems sensible and reasonable.

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Answered on 6/02/12, 1:18 pm


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