Legal Question in Family Law in California
What recourse can be taken against an ex-spouse who disregards divorce / child custody agreement regarding not giving any type of notice ( written or otherwise ) - and takes the child out of the US for a vacation without the other spouse's permission or (then) knowledge? He has physical custody, but we BOTH share legal custody.
2 Answers from Attorneys
The wording of the child custody/visitation order will control whether the order was violated or not. Hopefully, the issue of foreign travel was addressed in the order in some detail. If the order was violated, the offending party could be held in contempt, and it could ultimately affect future custody and visitation rights.
You can cite him for contempt but that is generally not very effective. You can ask the court to modify the court order, including the custody order.
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