- Jurisdiction
- California
2 minor children; mother has primary physical custody, father has regular visitations and they have joint legal custody. In the court order it states neither party shall travel outside of California without the others written permission and must provide itinerary.
Mother regularly (average of once per month) withholds fathers visitations (ie. kids are not at exchange), police reports have been filed for all violations.
Mother requests for children to go with their grandmother (mother's mom) on an out of state vacation and miss school for a week. Children are struggling in school and Father talks to children's teachers and they state both children will fall behind and it will be detrimental to their education for children to miss a week of school. Father notifies mother that he does not agree that the kids can go and miss a week of school and gives her his reason, he also states he is not saying no the trip but no to those travel dates and he would agree for them to miss 2 days of school at most and suggests multiple other options for dates of travel.
Mother sends children out of state anyway without the permission of father with no notification to father or details of trip.
What should Father's next steps be? Should he file for an emergency hearing and ask for change of physical custody on the basis mother does not have the children's best interests in mind due to their current struggle/grades in school and her unwillingness to follow teachers recommendation, court orders and visitation schedules?
Mother regularly (average of once per month) withholds fathers visitations (ie. kids are not at exchange), police reports have been filed for all violations.
Mother requests for children to go with their grandmother (mother's mom) on an out of state vacation and miss school for a week. Children are struggling in school and Father talks to children's teachers and they state both children will fall behind and it will be detrimental to their education for children to miss a week of school. Father notifies mother that he does not agree that the kids can go and miss a week of school and gives her his reason, he also states he is not saying no the trip but no to those travel dates and he would agree for them to miss 2 days of school at most and suggests multiple other options for dates of travel.
Mother sends children out of state anyway without the permission of father with no notification to father or details of trip.
What should Father's next steps be? Should he file for an emergency hearing and ask for change of physical custody on the basis mother does not have the children's best interests in mind due to their current struggle/grades in school and her unwillingness to follow teachers recommendation, court orders and visitation schedules?
