My ex wife who has physical custody, has moved herself and our child to California, without neither obtaining my consent, nor obtaining the court's permission to do so. We have in our custody agreement, that is so ordered, a provision to this fact. She has, without my consent enrolled our child in a private school. Can the school accept enrollment without my consent?
Divorce / Separation Lawyer
Although you are in New York, this is a question about California law. Please repost the question in the appropriate section.
Best of luck.
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Criminal Defense Attorney
Repost your question on the California Avvo section.
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You are asking the wrong question. The question is: She kidnapped my kids and what can I do? Under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), if the child has been in a state for six months or more, then that state has jurisdiction. If your kids have been in CA for less then 6 month, you need to hire an attorney ASAP and file a petition for habeous corpus. Most judges will issue an order demanding that she return to NY with the children. Then you are are in good position to actually get custody. If more than six months have elapsed, then you need to enforce your rights in CA. Again, if less then 6 months have elapsed, run do not walk to an attorney. Look at my website, www.NYDivorceFacts.com, where I have several articles on "relocation" cases. Do assume that the mother can treat the kids like luggage: pack them up and take them wherever she wants. You have rights, don't sit on them.