Primary Custodian Took the Children on an Out-of-State Trip Without Approval
My question involves a child custody case from the State of: California
2 minor children; mother has primary physical custody, father has regular visitations and they have joint legal custody. In the court order it states neither party shall travel outside of California without the others written permission and must provide itinerary.
Mother regularly (average of once per month) withholds fathers visitations (ie. kids are not at exchange), police reports have been filed for all violations.
Mother requests for children to go with their grandmother (mother's mom) on an out of state vacation and miss school for a week. The trip will also interfere with 2 visitations. Children are struggling in school and Father talks to children's teachers and they state both children will fall behind and it will be detrimental to their education for children to miss a week of school. Father notifies mother that he does not agree that the kids can go and miss a week of school and gives her his reason, he also states he is not saying no to the trip but no to those travel dates and he would agree for them to miss 2 days of school at most and suggests multiple other options for dates of travel.
Mother sends children out of state anyway without the permission of father with no notification to father or details of trip.
What should Father's next steps be? Should he file for an emergency hearing and ask for change of physical custody on the basis mother does not have the children's best interests in mind due to their current struggle/grades in school and her unwillingness to follow teachers recommendation, court orders and visitation schedules?
Re: Primary Custodian Took the Children on an Out-of-State Trip Without Approval
There's no emergency and if Dad hasn't done anything so far, he's likely running before he can walk.
Dad can file a motion to hold Mom in contempt. California is very pro-se friendly, but if he can't figure out how he should hire an attorney.
Re: Primary Custodian Took the Children on an Out-of-State Trip Without Approval
The children's education is in jeopardy and it has been brought up with the court, one of the children will not promote to high school if they do not pass this semesters' classes, currently failing 2 classes and in danger of grades dropping and failing 4. Mother is not on the vacation with the children, she allowed her family to take the children out of state for a week. Mother is constantly interfering with the children's relationship with Dad on average they attend one weekend visit per month despite ordered to be with him alternate weekends. 3 months ago in court Judge cleared the courtroom and closed doors to lecture Mom about following visitation orders. If no emergency hearing is filed then court date is at least 2 months away for any other type of motion, whether it be contempt or a motion for change of custody.
Re: Primary Custodian Took the Children on an Out-of-State Trip Without Approval
Dad should discuss his case with the lawyer who has been assisting him with his efforts to enforce the visitation order.
Re: Primary Custodian Took the Children on an Out-of-State Trip Without Approval
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Quoting
Mr. Knowitall
Dad should discuss his case with the lawyer who has been assisting him with his efforts to enforce the visitation order.
Dad does not have a lawyer. No where in the thread does it state he has one or that one has been assisting with enforcing the order.
Re: Primary Custodian Took the Children on an Out-of-State Trip Without Approval
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Quoting
Araceli
Dad does not have a lawyer. No where in the thread does it state he has one or that one has been assisting with enforcing the order.
He needs to consult with an attorney.
And it's still not an emergency.
Re: Primary Custodian Took the Children on an Out-of-State Trip Without Approval
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Quoting
Dogmatique
He needs to consult with an attorney.
And it's still not an emergency.
In reference to your opinion regarding "emergency", are you a licensed attorney?
Dad previously had an attorney and spent over 20K in legal fees fighting to keep his kids. If money was readily available to consult an attorney then this thread and these forums would not exist. If you are not qualified or do not have true advice for a father who is tired of watching his kids get knocked down and is trying to find his way through a screwed up court system, pull them out of regression and help them succeed then please stay off this thread. Once money is available this Dad will be hiring another attorney until then that is not an option.
And if it where Dad who took the kids out of state or allowed his family to take the kids out of state I'm sure your 'opinions' would be quite different. How is taking children out of state against court orders with out one of the parents permission for an indefinite amount of time as no details or the children's location been provided not an emergency? Or perhaps you don't have children yourself.
Re: Primary Custodian Took the Children on an Out-of-State Trip Without Approval
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Quoting
Araceli
In reference to your opinion regarding "emergency", are you a licensed attorney?
Dad previously had an attorney and spent over 20K in legal fees fighting to keep his kids. If money was readily available to consult an attorney then this thread and these forums would not exist. If you are not qualified or do not have true advice for a father who is tired of watching his kids get knocked down and is trying to find his way through a screwed up court system, pull them out of regression and help them succeed then please stay off this thread. Once money is available this Dad will be hiring another attorney until then that is not an option.
Nope. Perhaps you'd like to read the site's TOS. The number of attorneys regularly posting on this forum is very small, and you've already been answered by one.
You do not get to choose who answers your question, particularly when the forum subject is "manned" by laypeople with many, many years of experience.
If you would rather pay an attorney, I strongly encourage you to do so. If you need an explanation of what may or may not be considered an "emergency", you are of course free to pay an attorney to tell you or you can request more information from the very kind volunteers.
IE, me.
You're welcome.
Re: Primary Custodian Took the Children on an Out-of-State Trip Without Approval
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Quoting
Araceli
And if it where Dad who took the kids out of state or allowed his family to take the kids out of state I'm sure your 'opinions' would be quite different. How is taking children out of state against court orders with out one of the parents permission for an indefinite amount of time as no details or the children's location been provided not an emergency? Or perhaps you don't have children yourself.
Oh stop it. This is a very dad-friendly forum. If you haven't filed for contempt for the missed visitations, then shame on you. You don't need a lawyer to do that. The kids going to see Grandma is not an emergency.
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Quoting
Araceli
And if it where Dad who took the kids out of state or allowed his family to take the kids out of state I'm sure your 'opinions' would be quite different. How is taking children out of state against court orders with out one of the parents permission for an indefinite amount of time as no details or the children's location been provided not an emergency? Or perhaps you don't have children yourself.
Oh stop it. This is a very dad-friendly forum. If you haven't filed for contempt for the missed visitations, then shame on you. You don't need a lawyer to do that. The kids going to see Grandma is not an emergency.
Re: Primary Custodian Took the Children on an Out-of-State Trip Without Approval
I highly doubt this is dad. Sounds more like dad's girlfriend/bed buddy/new wife or whoever. Whoever it is, they are out of line. Dad needs to grow a pair (or retrieve them from OP's purse) and file for contempt.
And no, it is not an emergency.
Signed,
One of the attorneys on this site.
Re: Primary Custodian Took the Children on an Out-of-State Trip Without Approval
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Quoting
Araceli
Dad previously had an attorney and spent over 20K in legal fees fighting to keep his kids.
But you just got through telling us that dad didn't have a lawyer.
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Quoting Araceli
If money was readily available to consult an attorney then this thread and these forums would not exist.
They likely would; but that's beside the point. Some projects are not self-help projects, and you make it appear that dad's trying to bite off more than he can chew with little understanding of the legal process.
You don't want us to serve as the voice of reason -- you appear to just want us to tell dad how to file a motion and assure him that he'll instantly win custody.
Re: Primary Custodian Took the Children on an Out-of-State Trip Without Approval
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Quoting
Mr. Knowitall
But you just got through telling us that dad didn't have a lawyer.
They likely would; but that's beside the point. Some projects are not self-help projects, and you make it appear that dad's trying to bite off more than he can chew with little understanding of the legal process.
You don't want us to serve as the voice of reason -- you appear to just want us to tell dad how to file a motion and assure him that he'll instantly win custody.
Correct Dad does NOT have an attorney. Dad PREVIOUSLY had an attorney, he had an attorney for over 2 years and could no longer afford it. It has been almost a year since he has represented himself.
With the California court nothing is ever assured. Dad is well aware of the process of filing a motion, there are two avenues he is contemplating and turned to a forum for some possible direction, his kids emotional and educational well being are at stake.
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Quoting
Ohiogal
I highly doubt this is dad. Sounds more like dad's girlfriend/bed buddy/new wife or whoever. Whoever it is, they are out of line. Dad needs to grow a pair (or retrieve them from OP's purse) and file for contempt.
And no, it is not an emergency.
Signed,
One of the attorneys on this site.
This is Dad's sister in law, been married to his brother for 10 years. Thank you for your professional advice on the emergency matter. A contempt motion was already previously filed against mother.
Re: Primary Custodian Took the Children on an Out-of-State Trip Without Approval
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Quoting
Araceli
Correct Dad does NOT have an attorney. Dad PREVIOUSLY had an attorney, he had an attorney for over 2 years and could no longer afford it. It has been almost a year since he has represented himself.
With the California court nothing is ever assured. Dad is well aware of the process of filing a motion, there are two avenues he is contemplating and turned to a forum for some possible direction, his kids emotional and educational well being are at stake.
This is Dad's sister in law, been married to his brother for 10 years. Thank you for your professional advice on the emergency matter. A contempt motion was already previously filed against mother.
Quite frankly, if dad cared, dad would be here learning how to help himself and not relying on you to do things. That is if he cares. If not, then none of this matters. The fact that YOU -- a legal stranger -- decide to post on the internet to find out information is appalling. Again, dad needs to grow a pair and be a parent and fight for his child himself.
Re: Primary Custodian Took the Children on an Out-of-State Trip Without Approval
Apology accepted, dearest OP.
:cool: