Garden Grove, CA asked in Family Law for California

Q: Does father have legal right to forbid me to take kids skiing? Can he call the cops, and if he does, what can they do?

Live in So Cal. We told kids (15 & 11) we are getting divorced. Process not started yet, we all live in the same house - very unpleasant.

He's a control freak, the kids hate him as do I. He yells, swears, talks down to all of us. He dictates b/c he thinks he's the man and the father so what he says goes.

I plan to take kids on 4 day ski trip out of state after Xmas, a 10hr drive. Husband doesn't ski, so he text me saying that he decided not to go & will stay home take care of dog. 90% of the time he's in rage-mode, and now upset about something so he's telling kids, "mommy is NOT ALLOWED to take you skiing."  He says he call the cops if I go skiing with them

Logic tells me he has no basis to call cops as I am NOT leaving/kidnapping kids. He's mad & forbidding us to go out of spite. I have confirmation of hotel reservations, a definite departure & return date (kids have to go back school on Jan 2), so everything is open & no hidden intention to go out of state and not come back

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1 Lawyer Answer
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: In the absence of any court orders, you are free to take your kids on that vacation. He can still call the police, but they won't do anything because he won't be able to show them any order that you are violating by taking the kids on that ski trip. I recommend you retain legal counsel now. Why wait any longer to file for divorce and get court orders that will protect you and your children?

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