My daughter is in California with my 5 year old grand-daughter, she has been divorced for 3 years and wants to move back to virginia. As I understand it she was required to give 45 days written notice to her former husband that she intended to move away and if he did not respond properly then she was free to go. Apparently he was supposed to give her 24 hours notice of an emergency hearing. Court records show he did now file within the 24 hours and he verbally notified her to be in court the next day. I think she should have recieved a proper summons to appear, which she did recieved. Was she legally required to appear and could she have left California since she was not properly served in the 24 hour time frame. And is a verbal notice on the phone proper notice. Thanks, Pop-Pop in Virginia.

Fr_Chuck

within 24 hours there is no way to be actually served legal notice, that can take several days to be served.

But no, without court approval to move, she should not move, since in most cases, the child custody agreement says they can not move without the permission,

VaPopPop

Thanks for the response Chuck, however the problem is she was NOT notified within the 24 hour period. And if I understand it correctly she was supposed to be notified by someone other than her former spouse. It could be in person or by phone, but it had to be varified that she had recieved the notice at least 24 hours in advance which she did not. She was notified by him on the phone about 5PM that she was to appear in court the following morning at 9AM. ?????