Can a judge grant one parent to take the child out of the country without the other's consent when there in joint custody?

Asked over 5 years ago - Hercules, CA

There is joint custody of the kids (50/50). dad says that an attorney advised him that even if mom does not give consent for the kids to travel out of the country with him, he can still be granted permission if he goes in front of a judge. Can a judge make a decission and force the other parent to give permission?

Attorney answers (2)

  1. Sondra Ellyn Bennaeim

    Contributor Level 12

    Answered . A Judge can make the decision to give the other parent permission to take the children out of the country. However, if it goes before the judge you would be able to explain your concerns for the dad doing so. However, ultimately it is up to the judge.

  2. Dianna Gould-Saltman

    Contributor Level 14

    Answered . Yes. Whether a judge WOULD do so depends on the particular facts of your case.

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