Legal Question in Family Law in California

Other Parent Consent for European Vacation

We have shared legal and physical custody of two boys ages 14 and 16. I want to take them to Europe with my family for a two week vacation in August 2007. Can I legally take them over my ex's objections? According to the passport site, they don't need two parent signatures on the passport because the boys are both over 14 years. Does this still hold when we have joint custody?


Asked on 12/20/06, 1:03 pm

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: Other Parent Consent for European Vacation

You should file a motion to get an order that allows you to go out of the country. There is plenty of time before August but I would get started soon. A simple declaration giving the dates and travel plan and a proposal as to when Father will get to make-up any time missed should be attached to the Application/Motion forms. You may be required to go to mediation if this is a modification of the custody/visitation orders. If this is post-judgment personal service on Father is required.

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Answered on 12/20/06, 1:50 pm


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