Move-away child custody cases are quite complex in nature. Legally, this means when one parent relocates or decides to relocate to another area (outside of the state or country), along with the child. Again, in Family Law jargon, the destination requested by the party could be 60 miles or even a 6,000 mile move.
Either way, the decision to grant this move lies on the judge.
As one of the most heart-wrenching decisions, judges emphasize on both parties following the proper procedures when it comes to moving their children away.
There is a lot that can be done if you fear your ex-partner (or soon-to-be) will try to take your children out of the state or even country, violating court’s custody orders. Similarly, there is a legal process that will have to be followed if you want to move out of state or country with the child.
What Is The Automatic Temporary Restraining Order?
Also known as ATROS, this a mutual order; i.e. both parents are expected to comply. It comes into effect in the case of legal separation, dissolution, or paternity action against one parent.
ATROS prevents both parents from removing a minor child or children from the state without informing the other party, securing written consent or from court order.
Important Note: Situations where the above doesn’t apply are when the child is already living in another state (at the time of petition being filed). The order also doesn’t require the child be returned to California if he/she wasn’t living there at the time of petition.
Can I Travel With My Child Out Of The State Or Country With ATROS Imposed?
Travel within the country is possible but only with the other parent’s written consent. In fact, California family courts will allow reasonable travel outside of the state, so long as the complete travel itinerary, specific dates, and arrangements for contact (with children during the trip) are provided to the court and other parent.
International travel is more complex, because there is the concern of abduction by the traveling parent. The family court will grant travel outside of the U.S. if reasons are genuine and guarantee that the traveling parent will come back to the country.
Of course your ex-partner can oppose your decision, which can only be navigated with the help of a qualified family law attorney. You have every right to be with your child! Take help from Men’s Legal Center.