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idea0001

SHE WANTS TO MOVE OUT OF STATE

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Received a letter from my ex and she informed me that she wants to go back to court and get an order and move from California to another state. There is a court order DV-130 issued (stay away), with a DV-140 (visitation) attached. I get the kids every other weekend ages 3 and 5. She wrote in the certified letter that she wants to talk to me about it, but the only stipulation in the dv-130 is that we can only talk about health issues regarding the kids. Will I have to go before a judge in order to get the stay away revoked?

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Thanks for the reply pg, does she have to get a court order in order to leave? Will I have my day in court and try and convince the judge why it would not be in the best interest of the kids to move?

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There are a lot of aspects to this, but two seem most relevant.

 

First, it is the law in California that the custodial parent is presumed to be acting in the child's best interest in connection with a move-away.  The presumption can be rebutted by the non-custodial parent.  In this regard, it makes a big difference whether your custody order says anything about the custodial parent moving out of state with the child.  If it's silent (which it probably is if the DV form is the only thing you have), then most of the burden here is on you.

 

Second, unless the court modifies the existing visitation order, she is legally obligated to comply with it.  Unless we're talking about a short move across a state line, the visitation order will need to be modified to accommodate an out-of-state move.  If she doesn't do that before moving, then she could have real problems.

 

You need to consult with a family law attorney ASAP.

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DV-130, joint custody, she has physical, she is not supposed to take the kids out of the county, or the state without a letter of permission from me. If i respond to her certified letter will i be in violation of the court order?

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5 hours ago, idea0001 said:

she is not supposed to take the kids out of the county, or the state without a letter of permission from me

 

Out of the county?  Section 7 of the DV-140 contains check boxes that can be used to restrict travel out of the state or out of the country.  Although box 7c could be used to restrict travel outside a particular county, that would be awfully unusual.  In any event, assuming that section 7 of the DV-140 prohibits at least travel outside the state without your written consent, then I don't really understand why you previously asked whether "she [will] have to get a court order in order to leave."  Obviously, if there's a court order that prohibits her from leaving the state with the child without your written permission, she will need either your written permission or a court order to do that (that she understands this seems to be borne out by your statement that "she informed [you] that she wants to go back to court and get an order and move from California to another state").

 

 

5 hours ago, idea0001 said:

If i respond to her certified letter will i be in violation of the court order?

 

I don't know.  What does your order say?  All you've told us is that there's a DV-130, but a DV-130 may or may not say a lot of different things.

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Yes 7c other "County". it is the DV 140. According to the DV-130 I can't talk to her except "for brief and peaceful contact with the person and peaceful contact with children as required for court ordered visition of children". Would i be in violation if I respond to the certified letter? 

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1 hour ago, idea0001 said:

According to the DV-130 I can't talk to her except "for brief and peaceful contact with the person and peaceful contact with children as required for court ordered visition of children". Would i be in violation if I respond to the certified letter?

 

You have answered your own question.

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