am i in violation if i have not recieved a copy or been served with an injuction
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am i in violation if i have not recieved a copy or been served with an injuction
i am relocatng to a new state and i gave my ex 30 day notice as it is required in our custody orders. his attorney left me a message saying he was going to file for an injuction preventing me to remove the kids from the state if my ex and i did not agree on visition modification. i have not received a copy or been served. am i in violation if i move forward with my relocation?
Asked on March 24, 2009 under Family Law, California
Answers:
S.B.A., Member, California and Texas Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Yes, if there are custody orders for the sharing of the children, a Family Law Court will view your unilateral decision to move away, as an obstruction or interference with his visitation rights.
If the parents cannot come to an amended visitation plan, the Court will usually issue an injunction, preventing the moving parent from taking the children out of the jurisdiction, and setting a hearing date.
At the hearing, the Court will decide whether it is in the 'Best Interest of the Child(ren)' to allow the move.
If the Court decides it is not in the best int of the children to have less regular contact with the non-custodial parent and lose their extended support group without any specific advantages to the children, the Court can switch custody of the children to the ncp and the cp is free to move without the children (the cp has a right to move freely, under the U.S. Constitution, but the children are under the jurisdiction of that State Court.
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