Los Angeles, CA asked in Family Law and Child Custody for California

Q: mother is a california resident and is refusing to let kids leave the state to visit me in oregon. Can she do this?

In our custody agreement I am suppose to have my kids 2wks out of the summer and every other Christmas. I am suppose to have them 2018 Christmas, but she is telling me that she doesn't have to let them leave the state to see me. Is this true, and if it isn't what can I do about it? Thank you.

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1 Lawyer Answer
Angelina Bradley
Angelina Bradley
  • Monterey Park, CA
  • Licensed in California

A: It really does depend on what your court order says. Some will say travel out of state isn’t permitted without written permission or a court order. Some just require notice. Others are silent on the issue.

As for what you can do, if she refuses to comply, and the order doesnt bar travel out of state, you could file a Request for Order to enforce the custody order. You could also exercise your visitation here in California. If your court order includes splitting the costs of visitation, then you may be able to have her share in those costs. You should consult with an attorney to discuss these options in more depth.

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