You have several problems here. First, it sounds like CA issued some kind of parenting time/custody order since mediation doesn't officially resolve anything. So, CA courts have jurisdiction - everything will have to be done through that court. Second, kids get no say in where they live, so their desires are irrelevant unless you manage to get the rare judge who wants to hear from them. Third, you moved to AK - there is no way the judge will approve a relocation to AK absent some extraordinary circumstances - you'll have to prove, in CA, that mom is a train wreck as a parent and that she is endangering the children by having custody. Fourth, having the kids over the summer (3 months out of 12) is not 50/50 - not even close. So, the mom has primary physical custody regardless of what the order calls it. You'll need to hire a CA attorney to address this.
We can be reached at 507.334.0155. Our web address is: www. corbin-law-office.com. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Corbin Law Office are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Corbin Law Office helps people file for bankruptcy relief under the bankruptcy code.
Sign up to receive a 5-part series of useful information and advice about child custody law.