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I completed my divorce and received Orders for custody of our three year old daughter. My ex and I were awarded two

Los Angeles, CA |

non-consecutive weeks of vacation with our daughter and I have the first picks. I noticed the two weeks in accordance with the Order. There were no other restrictions on travel, it just noted that it could commence beginning in June 2013.

I will be travelling by plane for a week to visit my parents and family, this is my first opportunity to go out of state with my daughter. My ex has been repeatedly harrassing me with threats that she will contact the police and report a kidnapping if I go on my trip in accordance with the Order. Plane tickets are very expensive, I set the travel up so I will have visitation the day before over the weekend so that blocked visits would not occur. What could I do to protect the vacation despite the threats? Should I just go and have the Order with me?

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Attorney answers 3


If your orders are included in a Judgment, and are "final" orders, then there are no travel restrictions, unless the Judgment states there are restrictions.
If this is a "temporary" order (meaning you do not have a final judgment), then on the back of the Summons, there is an order restraining both of you from traveling outside the state of California without prior written consent from the other party, or prior court order.
If this is a temporary order, you are restrained from traveling, but you could go to court, possibly exparte, and ask permission to travel.

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Sounds like you're good to me. If you gave notice pursuant to the Court Order and gave the other parent information regarding the itinerary (where you are going, flight numbers, travel dates, contact number and address, etc.), then she can call the police or do whatever else she wants. If you have complied with the Court's Orders, then you have nothing to fear. Having a copy of the Order with you is a good idea. Good luck.

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.


What does the judgment say? talk to your attorney, get a certified copy. If you do not have an attorney consult one

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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