Fremont, CA asked in Criminal Law and Family Law for California

Q: my ex-husband has a pending felony for aggravated assault, can he leave the country?

My ex-husband wants to take our children to Mexico. He doesn't have a passport and he doesn't have any documentation for our children. Also, he moved to Arizona from Georgia when he was arrested without letting the courts know.

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1 Lawyer Answer
Shawna Murray
Shawna Murray
  • Irvine, CA
  • Licensed in California

A: The answer depends on what your parenting/custody agreement says. Some parents include provisions that prohibit moving the children from the state but others allow children to travel anywhere with the parent. However, "traveling" is not the same as "moving" and most parenting agreements prohibit a parent from moving away with the children without the permission of the other parent.

You should consult with an attorney as soon as possible about the terms of your parenting agreement. It would be worth it to ask the attorney to review the custody arrangement that you have in place and discuss the situation in more depth. I wish you and your family the best!

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