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How long does it take to get a court order to take a trip with my child? Parenting plan in place, mom has primary physical

Asked over 2 years ago - Los Angeles, CA

I'd like to take my daughter to my brother's wedding in Florida next weekend. The mom and I have parenting plan in place, it does not allow us to travel out of CA without the consent of the court or the other parent.
She initially agreed, them said I need to let her take our daughter to MO for the same time frame during late summer.
Here's the problem, mom used false DV claim to take her away for over 5 weeks when first divorced. I do not want her to go to MO, her family helped her with the claims, I am afraid of the influence they may have over her and my daughter may not come home?
Paranoid? Probably, but given what happened before I feel justified.
Can I get a judge to grant me permission to travel and fight to still not let her leave? Is 1 week too short of notice? How do I proceed?

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Attorney answers (2)

Dianna Gould-Saltman

Reputation Level 14

Answered over 2 years ago.

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Unless the trip is an emergency (like a sudden death in the family), such a request can not be done properly on an "ex parte" basis, meaning without proper notice and an opportunity for the other parent to file a response. Since this involves custody and visitation it is mandatory that you and she make and keep an appointment with conciliation court (mediation) before the judge has any power to even consider your request.

It takes about 30-45 days to get an appointment with conciliation court. The date available for a hearing AFTER that depends on the particular courtroom. You can check with the filing window of the superior court but generally you will need to have filed and served your moving papers at leats 60-90 days before your intended trip.

Gould-Saltman Law Offices, LLP

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Richard Forrest Gould-Saltman

Reputation Level 18

Answered over 2 years ago. Child Custody Lawyer in Los Angeles, CA.

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A court will not generally issue new orders regarding child custody on an emergency basis (let thaqn a week's notice), except where there's a REAL emergency (child is in physical danger, there's a risk that someone will flee from the jurisdiction with the child and not return, etc.).

You are going to need to work out a way for you and Mom to communicate about your daughter, and reach AGREEMENT about changes in the custody schedule, travel plans, etc. or you and Mom will spend a lot of time during the next few years (until your daughter is 18) having a judge, or a series of judges, tell you what you can and can't, will and won't do with your daughter. This will cost both parents time, trouble and money which could be better spent on making your daughter's life better.

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