Skip to main content

What happens when someone violates an ATROS.

Irvine, CA |

Currently going through a divorce and the soon to be X violated the Summons (ATROS) and took our child out of the country. We went ex parte and tried to stop her before she took off, the judge said there is already ex parte relief because there are ATROS in effect. She took our child anyway but came back, her attorney is arguing that the Civil restraining order against me allows her to leave with our child. I have the transcripts of the judge stating the ATROS numerous times and when we went back to court while she was out of the country the judge acknowledged that court orders were violated but said he would of let her go anyway if she asked. I am going for 2 counts of contempt, missed visits and the ATROS, do I have a chance of it sticking?. Anyone ever had to deal with this issue

Attorney Answers 1


I think going in on a contempt action is an option of last resort. That said, it is difficult to comment on your question because there seems to be a lot going on here--most importantly, the restraining order. It also sounds like you are pissing off the judge since he/she already told you that he'd let her travel out of state with the child if she asked. You need to be able to read the judge and determine if he/she thinks you are simply overreacting. Keep in mind that the purpose of ATROs is not to prevent a parent from vacationing with the child out of state--it is in place to prevent child abduction. Perhaps your contempt is simply a way to highlight her violation of the court orders in an ultimate attempt to demonstrate that she is unable to co-parent thus warranting a change in custody. But, I suggest you proceed with extreme caution.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

Mark as helpful

1 lawyer agrees

1 comment



Vary true, we are going to a case master and she has told the case master that does not want to co parent. I am going to give her one last chance to work out a co parenting plan with me and if she doesnt I am going through with the contempt. Its amazing, I contacted the State Department, FBI, Local police and LAPD airport police and no one could stop her from boarding the flight to India. Hell LAPD stopped her and let her board because of her attorney.

Family law topics

Recommended articles about Family law

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics