The holiday season is a time for family, celebration, and, often, heightened custody disputes. If you are a divorced parent, the idea of your ex taking your child on a secret trip, disregarding pre-existing custody agreements, can be a jarring thought. This situation raises numerous legal questions and can leave you feeling lost and frustrated.
Ignoring or violating the custody order is illegal
Both parents typically retain legal custody of their children after divorce unless a court order specifies otherwise. This means both parents have the right to make important decisions about their child’s welfare, including travel plans. When one parent violates this agreement by taking the child on a secret trip, courts may consider this as parental kidnapping in severe cases.
You have the power to take legal action
Here are some steps you can take if your ex takes your child on an unauthorized trip:
- Contact local law enforcement immediately.
- File a police report.
- Reach out to your family law attorney.
- Document all communication with your ex-spouse.
- Gather evidence of the unauthorized trip.
- Consider filing for an emergency custody order.
California law requires parents to provide written consent for international travel with a child. If your ex-spouse has taken your child out of the state or the country without your permission, this is a serious violation of your parental rights.
The legal consequences for the offending parent can be severe. They may face contempt of court charges, fines or even jail time. The court might also modify the existing custody arrangement in your favor due to your ex-spouse’s actions.
While it is natural to feel angry and frustrated in this situation, it is crucial to remain calm and act strategically. Emotional reactions could potentially harm your case if legal action becomes necessary. Your child’s safety and your peace of mind are paramount, and an experienced attorney can help protect both.
