Travel with children who are under joint custody may have certain restrictions. People who are in the early stages of a family law case should make themselves aware of those restrictions when planning travel with children who are under joint custody with a former spouse or partner. An awareness of limitions can help you avoid legal problems. Restraining orders, known by the acronyn “ATRO”, are automatically placed the moment a family law case such as divorce is commenced.
In California, when a family law case is opened, a summons is issued and a standard family law restraining order is issued. This summons is also referred to as the Automatic Temporary Restraining Order (ATRO). Orders can include prohibitions on removing minor children from the state without the prior written consent of the other party or a court order. The Petitioner, party who filed the case, is automatically subject to the ATRO upon filing the case, and the Respondent is subject to the ATRO upon being personally served with the Summons.
Again, an ATRO may specifically prohibit either party from “removing the minor child or children of the parties, if any, from the state without the prior written consent of the other party or an order of the court.” This means that if you are a party to a family law case, you should not be planning on traveling outside of California without first getting permission from the other party or first requesting permission from the Court. For example, if the mother has filed for divorce and was planning on taking the children out of state, she better first ask her spouse if its okay, or request permission from the Court.
Parents who are further into the court process should also take further caution. Generally when a court makes orders regarding custody and visitation, they may also make orders preventing both parties from traveling outside that particular county without the permission from the other party or the Court. This practice is common in most counties.
If you have a question regarding Family Law in Southern California please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in Southern California. After you have spoken with our Southern California Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.