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

Q: Our child has been restricted from leaving the County.

I filed an ex parte motion due to concerns about my wife’s flight risk, and she disputed my flight risk. Our Judge has banned both parents from taking our child out of LA County. Our child’s birthday is coming up in 10 days, and we are planning to go to Disneyland on that day. Do you think we could make a written agreement to go to Disneyland, which is located in Orange County, for that day without bothering the Judge with a stipulation and order?

2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: Your written agreement can be in the form of a stipulation and order. As long as both parties sign it and it is submitted to the court before the birthday, you should be fine. Whether any other form of written agreement would otherwise be acceptable depends on what your court orders/judgment says. Why would you plan a trip out of Los Angeles county when you know you cannot take the child out of Los Angeles county? Just wondering.

James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: If both parents have been restricted from taking their child out of LA County by a court order, it's important to comply with the order to avoid legal consequences. Making a written agreement without involving the judge may not override the existing order, so it's crucial to consult with an attorney to ensure you stay within the boundaries of the court's restrictions while addressing your child's birthday plans.

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