What happens if a parent takes the children and attempts to hide them out of State without the permission of the Court? One interesting outcome of internet dating and our work in divorce and child custody is the increasing number of “move away” or “relocation” related child custody cases.
Can a parent take the children move out of the area or out of state? Generally speaking, California Courts take a very dim view of a situation where a parent takes the children out of the area without the Court’s permission. In many cases, the children are ordered returned to the local parent here in San Diego and the parent who attempted to take them away loses part or all of their legal custody of the children.
We have worked on cases where a parent took the children and attempted to hide them from their co-parent first in one state (where a new “love” from the internet resided), and ultimately in another. We were able to successfully help our client to ultimately find his children and obtain emergency orders for their return. We subsequently represented that client in a lengthy court action, eventually obtaining full custody of the children for our client.
If you hear a rumor or are concerned about a scenario where a parent takes the children and attempts to hide them out of State it is important to act immediately. We will pursue an order from the Court to prevent the other parent from taking them out of state. If they are taken out of the area you must take immediate action to preserve the local venue (the authority of the local Family Court) for their custody. We then work to seek their immediate return and ask the court to create or amend custody orders if necessary to ensure that your children are not relocated without the Court’s permission.
If you are concerned about what happens if a parent takes the children and attempts to hide them out of State, or if your former spouse has already taken the kids you need to act immediately to protect your children, as well as your legal rights as a parent.