Legal Question in Family Law in California

my wife took my children out of state to her mothers house on vacation and will not return, is that illegal?

Asked on 7/30/16, 7:28 pm

2 Answers from Attorneys

Patrick McCrary Law Office Of Patrick L. McCrary

There is nothing illegal about it but you can get an order to have them returned.

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Answered on 8/01/16, 9:30 am
Timothy McCormick Libris Solutions - Dispute Resolution Services

Mr. McCrary is correct. Also, however, if you do not do something about it and she stays there for six months, California will lose jurisdiction over the children and any legal proceedings affecting them, including a divorce, will have to proceed in the other state. So if you need to take legal action you should take it within six months of when they left unless you want to litigate in the other state.

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Answered on 8/01/16, 12:40 pm

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