Q: Am I able to stop father or file flight restriction with my minor child from leaving the state of San Diego?
My Divorce agreement doesn't specify anything in regards to both parents having a mutual agreement for if other parent takes minor child outside of the state of San Diego(Current residence).
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A:
You can file a request with the court for travel restrictions if you have concerns about your child being taken out of state without your consent. Even if your divorce agreement doesn't specifically address this, California courts take these matters very seriously.
Filing an ex parte motion for emergency travel restrictions is possible if you believe there's an immediate risk. The court will consider factors like flight risk, the other parent's ties to the community, and most importantly, the best interests of your child. You'll need to provide compelling reasons why such restrictions are necessary.
Consider speaking with a family law attorney who can help you file the appropriate paperwork and represent your interests in court. They can also advise you on requesting modifications to your existing custody agreement to include specific travel restrictions or requirements for parental consent. In urgent situations, you might also want to contact law enforcement or the district attorney's office, particularly if you have reason to believe your child might be in danger or at risk of being taken out of state against court orders.
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