Legal Question in Family Law in District of Columbia

I would like to know what can I do to terminate a travel permission and bring back to Dc my child. I have allowed my wife to travel with our baby to CA and now she is refusing to return with the baby. Now I am planning to travel there in order to bring my child back. What do I need to do in order to bring my daughter back?


Asked on 8/27/10, 11:03 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

If the wife refuses to hand the child over, there is nothing you can do by physically going to California. You will need to hire a family law attorney in DC (if that's where the original divorce decree was entered) and bring the mother to Court. This could be a long process if the mom is on the run and refuses to return the child. Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 9/02/10, 3:49 am
Sean T. Morris Law Office of Sean T. Morris

There is a federal statute that controls such cases. As long as the child has not been in California for an extended period of time, you can invoke the jurisdiction of the D.C. Courts as the "home state" of the child, giving D.C. continuing and exclusive jurisdiction over any child custody determinations for the child. You should move quickly on this, however, as once the child has been in California for a certain period, the mother can invoke the jurisdiction of those courts and you will be left traveling back and forth across the country to argue about the custody of your child. Please feel free to email me at [email protected] to discuss further or schedule a free consultation. Good luck.

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Answered on 9/15/10, 6:06 pm


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