I Heard My Former Spouse Wants to Move Away With the Children. Can they do that?

Pierre Domercq Child Custody and Visitation

Can a former spouse take your child or children and move away out of the area or out of state? Generally speaking this is almost always against the orders issued by the Judge in your divorce case, and it is possible to put a stop to relocation plans and bring the matter before the Court.
The important thing is to ACT IMMEDIATELY. Once the children have left the State of California a new legal “jurisdiction” may be established within a matter of days or weeks. Jurisdiction is the key legal issue in these cases. The Court who has jurisdiction over the case is one where the case will be heard and whose laws will apply to the decision of the Court.
For example, a North County Judge issues divorce orders including child custody and parenting time. The North County court retains jurisdiction over the case. Parent “A” attempts to secretly take the children and move to North Carolina and immediately files for “emergency jurisdiction.” If the spouse remaining in California does not take quick action to preserve the jurisdiction of the North County Court the case can become much more challenging, legally complex and expensive.
Acting quickly allows the experienced attorneys at Burke and Domercq to seek immediate orders from the Court preventing the removal of the children. If the children have already crossed state lines our Court will almost always immediately order the return of the children. Our courts take a very dim view of a spouse who leaves California without seeking permission from our courts in advance.
Move-away and relocation child custody cases are quite legally complex. You need experienced attorneys with decades of experience and legal skill. We invite you to contact us or call 760-712-3741 to schedule an appointment with one of our child custody lawyers.