Legal Question in Family Law in California

Vacation with kids but wife says NO

My wife is not interested in marriage counseling and has basically turned her back on me and our marriage. It has broken my heart, though I have determined to stay in this for our 3 boys (ages 4,5,8) and try to make the best of it. The reason I write is that my wife refuses to let us vacation as a family across country to where my parents live, because she loathes them.

My question: what must I do to make such a trip with the children happen? My wife will (and has done this in the past) make the children ''disappear'' to her parents, aunts, etc, homes a few days before any departure date, so without a court order or some other legal injunction, I don't have a chance of getting them on a plane. I would like her to come too, but of course would leave that decision to her--but she will not allow the kids to go, period. What are my options? Please help.

Asked on 5/20/09, 2:15 am

1 Answer from Attorneys

James Chau Law Offices James Chau
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Re: Vacation with kids but wife says NO

If you are still married, you as a parent have equal rights to decide on how you want your children to vacation. If there is a kidnapping then I would report it to the police immediately.

I dont believe you can get a court order unless you are in the divorce process though.

Good luck. Please consult with a local attorney prior to taking any legal action.

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 5/20/09, 9:57 pm

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