Tuesday, September 20, 2011
Can I move with my children to another country?
Unless the other parent consents, you will require permission of the Court. In such a situation you should consult an experienced family lawyer. The law in this area is complicated. usually one would expect the Court to order a full custody evaluation and hold an evidentiary hearing. A custodial parent's decision to move to a foreign country imposes additional burdens on the noncustodial parent. In such cases, "the child's best interests at a minimum require, first, continuing contact between the child and the parent remaining in this country, and second, guaranteed enforceability of the California custody order in the foreign nation." (In re Marriage of Abargil, supra, 106 Cal.App.4th at p. 1299; see also In re Marriage of Condon (1998) 62 Cal.App.4th 533, 547.)