QUESTION
If a spouse files a restraining order against her husband, can she take the kids out of state without telling anyone?
Asked on Jul 20th, 2012 on Divorce - California
8 ANSWERS
Family Law Issues Attorney serving Camarillo, CA
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Laurie Peters & Associates, APLC
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It would depend on the Court's orders.
Answered on Jun 28th, 2013 at 10:30 PM
Civil Litigation Attorney serving San Diego, CA
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Gerald W. Hokstad
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Sequestering the children in another state in secret could be argued to be a kidnapping of the children. Hire an attorney to give you counseling and legal advice about how to protect the children and yourself.
Answered on Aug 08th, 2012 at 8:58 PM
No. At the very least, the custodial parent must tell law enforcement where she is going. In most circumstances, the father will also learn eventually, if not immediately.
Answered on Aug 08th, 2012 at 8:38 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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Depends on the orders issued.
Answered on Aug 08th, 2012 at 4:42 PM
No the two things are not related. A restraining order says: stay away from me, the kids, etc (whatever) Parenting rights are not necessarily affected by a restraining order and both parents have a continuing right to know where their children are and that they are OK.
Answered on Aug 08th, 2012 at 2:39 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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No, even with a restraining order in place, that would be considered child abduction. Almost all custody and visitation orders have a provision that a parent is not to leave certain specified counties or the state of California, without the express consent of both parents or an Order of the Court.
Answered on Aug 08th, 2012 at 2:24 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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No. If a divorce of paternity action has been filed a parent, or another person, cannot remove the child from the state without court order.
Answered on Aug 08th, 2012 at 2:17 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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No, a move out of state should be by court order or consent of other party.
Answered on Aug 08th, 2012 at 1:22 PM