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Caught Off Guard by a Relocation of Your Children Without Your Consent?

On Behalf of | Jan 14, 2020 | Child Custody and Visitation

Have you been caught off guard by a relocation of your children without your consent after a divorce in Carlsbad?  If so, you need to take immediate action to protect your custodial and parenting time rights and prevent the loss of “jurisdiction” by our local family law court.

Move-away and relocation cases are all about “jurisdiction” or “venue.”  When your divorce case was concluded here in Carlsbad, the local judge almost always orders the continuation of jurisdiction over your case in the future.  This means our local North County Court retains judicial power over decisions such as child custody and parenting time into the future.

In order to relocate or move away with children in cases of shared custody or parenting time, a parent must seek the advance written approval of the Court.  The failure to do so will invoke the wrath of our local judges and they are usually requested to issue immediate orders for the return of the children and the cessation of existing custody and visitation for the parent who attempted the move-away.

These are complex cases which hinge on time.  In many states it only requires a few weeks for a parent to seek emergency venue from the local courts in their new home.  At that point it becomes an expensive and time-consuming legal battle between the courts for jurisdiction and while North County may ultimately prevail earlier is better.

Acting quickly preserves all of the power in our local courts and the greatest opportunity and likelihood for the immediate return of the children and protection of your custody and parenting rights.  If you are a parent with custody after a divorce who was caught off guard by a relocation of your children without your consent you need to take immediate action and contact the Certified Family Law Specialists at Burke & Domercq, APC or call 760-389-3927 to learn more and schedule an appointment with one of our proven attorneys.