Answered by: Stacy D. Phillips of Phillips Lerner, A Law Corporation
Yes, he or she can—that is, until you get a court order. As family law attorneys, we are familiar with the Family Law Automatic Restraining Orders (ATROS), which restrict both parties from removing a minor child or children from the state of California without prior written consent of the other party or an order from the court.
To obtain an Order, a hearing must be held and a ruling obtained in excess of 30 days before the travel date. If you get the Order and there is not a 30-day time span between it and the trip, then your child can’t go. Why? Because there is an automatic stay of 30 days after an Order allowing for out-of-state travel.
If you bypass the court and decide to travel with your kids outside of California without prior approval, you could be held in contempt of court and possibly even serve jail time. So before you pack up the sun block and flip-flops for your next getaway with the kids, get your former spouse’s written consent. Don’t plan any out-of-state vacations or trips even for such limited purposes as celebrating a holiday or attending a wedding, a family reunion or a Bar Mitzvah without going through proper channels.
Related Practice Area: Family Law
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I’m unhappily married with three children. I want a divorce, but I’m afraid the system is skewed in favor of mothers. To complicate matters, I recently pleaded guilty to a DUI (my first). If I file for divorce, what are the odds I won’t be given custody?