Torrance, CA asked in Child Custody and Family Law for California

Q: Custody and restrict travel abroad

In case of a foreign parent tries to take the little child to her/his country without consent of the other parent within 2-3 days from this, what should the other parent do? They have no case or filings in the court about family law, which means "clean situation" in family law. There is any emergency court order available? When the other parent visited the court today to file Form FL-341(B), the court clerk didn't accept it because any case number is required to file it.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If one parent is attempting to take a child out of the country without the other parent's consent, the other parent should take immediate action to prevent this from happening.

The first step should be to contact a family law attorney to seek legal advice on how to proceed. The attorney can help file an emergency ex parte motion requesting a court order preventing the child from leaving the country. An ex parte motion is a request for immediate relief without giving prior notice to the other party.

In addition to seeking legal help, the other parent should also contact the Department of State's Office of Children's Issues to report the potential abduction and seek assistance in preventing the child from leaving the country.

It is important to act quickly in these situations, as time is of the essence in preventing a child from being taken out of the country.

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