a summer visit

[jomama03]

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?

Yes. FINALLY some one gets it! I'm not retarded, just acting out what the attorney has suggested to me. We lived in WI before I left and filed seperation in CA four years ago.

 

[Ithildriel]

Yes. FINALLY some one gets it! I'm not retarded, just acting out what the attorney has suggested to me. We lived in WI before I left and filed seperation in CA four years ago.

So while your attorney was advising you that you needed it, why didn't he draft one for you with the legally correct verbage?

 

[jomama03]

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

Yes, I am attempting to get permissin from the father, but I was instructed to use certain legal language. May be there is a form I can use.

 

[jomama03]

So while your attorney was advising you that you needed it, why didn't he draft one for you with the legally correct verbage?

Good question - I don't know why he didn't, soI am left to my own resources. I have been looking for a form to use.

 

[AHA]

Good question - I don't know why he didn't, soI am left to my own resources. I have been looking for a form to use.

I'd fire that lawyer, since he doesn't seem to want to do the job he gets paid for. Why pay him for something you can read on your CO yourself.

 

[stealth2]

How much do you owe the attorney?

 

[jomama03]

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

Except that the restraining orders instruct me to do so. Really I'm just looking for 'legally required language.' I wasn't actually asking for advice. I already received the advice.

 

[jomama03]

So while your attorney was advising you that you needed it, why didn't he draft one for you with the legally correct verbage?

Good question I assume because he has been only offering advice. I have not retained him.

 

[jomama03]

How much do you owe the attorney?

I don't owe him. He has only offerd free advice

 

[LdiJ]

I don't owe him. He has only offerd free advice

His advice still doesn't make a whole lot of sense to me. You stated that you are legally separated therefore I assume that the issue of child custody is addressed in your separation agreement? CA has jurisdiction of your case therefore any modifications would have to take place in CA. The only person who could object to your removing the child from the state is dad....and you are going to visit dad...so how could dad possibly file for contempt and make it stick?

I don't see how not having his permission to leave CA would give him any leverage to keep the kids in the other state....

Maybe I am missing something...but I am confused. Are you sure that the attorney understood who you were taking the children to visit?...and what caused you to ask the question in the first place?

 

[jomama03]

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

So I found my easy answer to my very easy question. I need to have something typed up and signed and notarized. I wasn't looking for advice, I was looking for a specific answer.

 

[jomama03]

His advice still doesn't make a whole lot of sense to me. You stated that you are legally separated therefore I assume that the issue of child custody is addressed in your separation agreement? CA has jurisdiction of your case therefore any modifications would have to take place in CA. The only person who could object to your removing the child from the state is dad....and you are going to visit dad...so how could dad possibly file for contempt and make it stick?

I don't see how not having his permission to leave CA would give him any leverage to keep the kids in the other state....

Maybe I am missing something...but I am confused. Are you sure that the attorney understood who you were taking the children to visit?...and what caused you to ask the question in the first place?

As I understand if there is a risk of the father keeping the child then a very costly inter state custody battle will begin. So therefore it's precautionary to have the agreement in writting and notarized.