a summer visit

[jomama03]

What is the name of your state? California

I have been legally separated for four years. The kids and I are taking a trip to visit their father this summer. I have legal advice to get in writing an agreement to take our youngest son out of state. I was told to get it in writing and then make it an order and file it with the court, using the legally required language. I’m not sure what ‘legally required language’ looks like. Could you give me a generic example? Thank you.What is the name of your state?

 

[CALIF-LAWPRO61]

What is the name of your state? California

I have been legally separated for four years. The kids and I are taking a trip to visit their father this summer. I have legal advice to get in writing an agreement to take our youngest son out of state. I was told to get it in writing and then make it an order and file it with the court, using the legally required language. I’m not sure what ‘legally required language’ looks like. Could you give me a generic example? Thank you.What is the name of your state?

My response:

Who told you this, and why? If you're taking the kids to see their father, whom else are you supposed to obtain permission?

I'm a California Family law attorney, and you have ME puzzled.

IAAL

 

[jomama03]

summer visit

I was told by a lawyer to have an agreement between the father and me according to the Family Law Restraing Orders stating that 'my spouse and I are restrained from removing the minor child from the state without written consent of the othr party or an order of the court.' He told me that I could get this in writting, then make it a court order.

 

[CALIF-LAWPRO61]

I was told by a lawyer to have an agreement between the father and me according to the Family Law Restraing Orders stating that 'my spouse and I are restrained from removing the minor child from the state without written consent of the othr party or an order of the court.' He told me that I could get this in writting, then make it a court order.

My response:

So, why didn't you put this information in your initial post? I don't like my time being wasted. Have a nice evening.

IAAL

 

[fairisfair]

wouldn't it be easier to get permission from dad in writing? Since you say you are going to see him anyway?

 

[jomama03]

New to the site, sorry to disturb you. I'm just looking for answers.

 

[CALIF-LAWPRO61]

New to the site, sorry to disturb you. I'm just looking for answers.

My response:

You're NOT going to get the "right" answers by leaving out vital, factual, information. Garbage in, garbage out.

Learn to write everything necessary - - on the next site you go to.

IAAL

 

[jomama03]

Thank you for your response. Yes, I will get permission from the dad, but I was instructed to use legally required language in the agreement but I'm just not sure what legally required language looks like. I can't find any forms to use either.

 

[jomama03]

again I am sorry to disturb you. Until your response - I didn't realize I had left out vital information. I am soley looking for leaglly required language, or a form to use.

 

[stealth2]

It makes absolutely no sense why you have to obtain written permission from Dad to bring the kids to visit him.

 

[jomama03]

The Family Law Restraing Order states that 'my spouse and I are restrained from removing the minor child from the state without written consent of the other party or an order of the court.'
I understand that if I don't have 'something in writting' there is nothing to prevent the dad from keeping the children in that state. Then I would have an Interstate Custody case. Very expensive.
All I need is to type up an agreement to let my son travel out of california, I just don't know what legally required language to use.

 

[moburkes]

What is the name of your state? California

I have been legally separated for four years. The kids and I are taking a trip to visit their father this summer. I have legal advice to get in writing an agreement to take our youngest son out of state. I was told to get it in writing and then make it an order and file it with the court, using the legally required language. I’m not sure what ‘legally required language’ looks like. Could you give me a generic example? Thank you.What is the name of your state?

You are not understanding the problem. If you and dad are still married, and you are taking the children who were born from your eggs and his sperm to visit their biological dad to whom you are still married, WHY would you need to write this letter?

Why does bio dad need to give you permission to have children visit with bio dad? Your request does not make sense.

Where does bio dad live?

Also, if you have a letter that says that you can't remove minor child from (the state in which dad lives) without dad's permission, what will you do when its time to go back to CA, and dad doesn't sign the form? Now you're stuck in (state in which dad lives).

Does this make sense?

 

[NotAnAttorney]

Here is what I am understanding.... Mom and Dad were legally separated in California and it was ordered that neither parent can remove the children from the state of California without WRITTEN consent of BOTH parents. Dad has since moved out of state. Mom is now taking the children out of state to visit Dad. Mom is needing to get WRITTEN consent signed by both parents to cover her butt and to be in compliance with the Court Order. The reason this needs to be done is because she was advised by an attorney to do it and because it is Court Ordered and her failure to do it could result in contempt.

Is this correct, jomama03?

 

[casa]

What is the name of your state? California

I have been legally separated for four years. The kids and I are taking a trip to visit their father this summer. I have legal advice to get in writing an agreement to take our youngest son out of state. I was told to get it in writing and then make it an order and file it with the court, using the legally required language. I’m not sure what ‘legally required language’ looks like. Could you give me a generic example? Thank you.What is the name of your state?

You are married in CA~ Your husband has equal Rights to the children...If he wants to keep them, he can LEGALLY. Formalize your divorce & set up a reasonable schedule of visitation for your children.

 

[casa]

Here is what I am understanding.... Mom and Dad were legally separated in California and it was ordered that neither parent can remove the children from the state of California without WRITTEN consent of BOTH parents. Dad has since moved out of state. Mom is now taking the children out of state to visit Dad. Mom is needing to get WRITTEN consent signed by both parents to cover her butt and to be in compliance with the Court Order. The reason this needs to be done is because she was advised by an attorney to do it and because it is Court Ordered and her failure to do it could result in contempt.

Is this correct, jomama03?

She's Fine. Contrary to popular belief~ Courts encourage this behavior