Legal Question in Family Law in California

if my x wife takes the kids out of state without permission from the court

even though the court did not specify in the orders, and I have visitation.

what can I do.

I have,nt seen them in about 2yrs.


Asked on 10/15/09, 3:03 am

2 Answers from Attorneys

If taking them out of state prevented you from having the visitation you were granted in the custody order, she is in serious contempt of court. You need to get a contempt proceeding on file ASAP. It's going to be a bit complicated with her out of state, but you have the right to do it here in California. The California courts still have jurisdiction over the children and whatever state she moved to will accept that and enforce orders from California, including arresting her and transporting her to California if the California court orders it.

Read more
Answered on 10/15/09, 12:56 pm
Robert Mccoy Law Office Of Robert McCoy

You may file an order to show cause in California, requiring her to immediately return the children to California.

Read more
Answered on 10/15/09, 4:08 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California