child custody and family law

I have joint legal and physical custody of 2 children, but their dad has 51% and I have 49%. We live in alameda county in california. My ex-husband got a job promotion and moved to chicago and took my 16 yr old with him, without my permission, and now says he wont allow him to fly out to california and visit with me, and I offered, ofcouse to buy his plane ticket. He says he is afraid that I wont send him back. Needless to say, I'm upset, and I know my son is to. What should I do, with them living in ill and all?
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Answers (2)

Sondra Ellyn Bennaeim

Sondra Ellyn Bennaeim

Contributor Level 6
You can file for contempt under your family law case in family law court.
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Deloise Elizabeth Tritt

Deloise Elizabeth Tritt

Contributor Level 3
This is a complicated issues with many possible resolutions. First, you can file a contempt. Second, you can seek to modify custody. But before you do either, what do the children want? If you force an older teen to move in with you when he/she does not want to - you risk the long term relationship and may win the battle but lose the war. Can you restructure your visitation time to agree you get all "no school" time, if the child wants to stay with Dad? This might be a good compromise if child wants to remain with Dad. If your son does not want to be with Dad then you can make a motion to modify custody on the basis that Dad is not likely to comply with the court's order. There is some case authoritiy that says the child belongs with the parent more likely to share custody with the other parent - and that sounds like it might be you.

I would certainly file a contempt and bring this to the attention of the court ASAP. Judges expect their orders to be obeyed. If you delay you may lose the right to complain about this - as a delay can operate as a "waiver."

Good luck.
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