What type of papers do I need to file to prevent my spouse from leaving the state? - Child Custody Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


What type of papers do I need to file to prevent my spouse from leaving the state?

What type of papers do I need to file that would prevent my spouse from leaving state of California with our children?

Answer By Frances Headley

Contact this Attorney Now

You will need to file a motion to contest the move away. What other documents may need to be filed depends upon the current status of your case. You should consult a family law attorney or facilitator for assistance in contesting the move.

Answer Applies to: California
Replied: 2/14/2012

Answer By Arlene D. Kock
Law Offices of Arlene D. Kock
Contact this Attorney Now

You spouse can relocate wherever desired, however that does not mean the children can be taken. You should file and serve your divorce petition with an ex parte motion seeking court orders preventing the children from being moved to another state.

Answer Applies to: California
Replied: 2/14/2012


Contact this Attorney Now

If your wife wants to leave the State alone, you cannot get an order keeping her from leaving. Prior to or on the same date you should file a dissolution/legal separation If she intends to take the children.When you file either or both you will receive automatic restraining order that neither party may remove the children from the State. This should be done immediately before she leaves so you can get her served by someone other than you, who is at least 18 or use a professional process server. If you don't serve her before she leaves with the children, you are looking at a big complication and in danger of having her file against you from another State or just disappear. I would recommend you using a reputable attorney, but one who will do the paperwork ASAP. Depending on the age of your children, if there some older (teens) who object to moving and are vocal about it that may slow her down. Then you should file a motion and set a hearing requesting custody of the children, child support, attorney's fees etc. Also, indicating that the children should not be taken out of their school.

Answer Applies to: California
Replied: 2/13/2012

Answer By Edwin Fahlen
Edwin Fahlen Attorney at Law
Contact this Attorney Now

The procedure to stop a spouse or parent from removing your children from the State of California is a restraining Order. A restraining Order must establish irreparable harm. If the papers are not sufficiently legal to form a base to make an Order the court must deny the request. This is not the type of procedure that should be done by anyone without legal qualifications to do so. When you are dealing with children, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!

Answer Applies to: California
Replied: 2/13/2012

Maclean Chung Law Firm
Contact this Attorney Now

If you have already filed for divorce, on the Summons there is an automatic restraining order that prevents either parent from taking the children out of the state without consent of the Court or the other parent. If that has been served on your spouse, then it is in force against your spouse, and he or she cannot remove the children from the state. If you have a more serious concerns of possible abduction of the minor children, there are specific emergency orders that can be requested to prevent your spouse from taking them out of state or out of country.

Answer Applies to: California
Replied: 2/13/2012

Warner Center Law Offices of Donald F. Conviser
Contact this Attorney Now

You would need to file and have served upon your wife a Petition, Summons, Declaration under UCCJEA, and the appropriate document for your county to justify filing in the court where you file. In Los Angeles, that document would be the Family Law Case Cover Sheet. Upon service on your wife, the Automatic Restraining Orders [including orders restraining your wife from removing the minor children from the state without your prior written consent or an order of the court) on the reverse side of the Family Law Summons would become binding upon your wife.

Answer Applies to: California
Replied: 2/13/2012

Answer By Elizabeth Jones
Elizabeth Jones, A Professional Corporation
Contact this Attorney Now

File an Order to Show Cause for Custody and visitation. Make the box Other and write in Prevent Move Away. You also need to file the companion form Application and Order. Better yet get an attorney. This is not an easy issue.

Answer Applies to: California
Replied: 2/13/2012

Michael Apicella
Contact this Attorney Now

If you have no custody orders, you need to file a motion to establish custody. If no divorce case is pending, and you wish to also get divorced, you can file for divorce and include a custody motion along with the divorce petition and related papers. It would be highly advisable to hire a local family law lawyer ASAP to assist you.

Answer Applies to: California
Replied: 2/13/2012

Answer By Abel Fernandez
Diefer Law Group, P.C.
Contact this Attorney Now

You can file a divorce action or a custody case with a motion to determine custody rights of the children. You can either file to be divorced and to have custody rights determined or you can file a custody case.

Answer Applies to: California
Replied: 2/13/2012

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy