In the instance where there is a current DV restraining order against the NCP, together with limited [supervised] visitation between the NCP and the child, the parties were never married, and the custodial parent already has both 100% legal and physical custody, does the custodial parent need permission from the court to move out of state or out of the country? I see that the custodial parent has the presumptive right to move, but if there is a visitation order can the custodial parent simply provide the NCP a modified visitation schedule and then move away without requesting permission from the court?

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Originally Posted by WarrensGoddess

In the instance where there is a current DV restraining order against the NCP, together with limited [supervised] visitation between the NCP and the child, the parties were never married, and the custodial parent already has both 100% legal and physical custody, does the custodial parent need permission from the court to move out of state or out of the country? I see that the custodial parent has the presumptive right to move, but if there is a visitation order can the custodial parent simply provide the NCP a modified visitation schedule and then move away without requesting permission from the court?

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I should note that the parties live in California.

The custodial parent can't provide a modified visitation order but the court can, and will if it deems such a move to be in the child's best interests.

The non custodial parent is kind of limited in action available. He/she can petition the court to stop custodial parent from moving more than a certain distance away. This, of course, takes money for the legal fees. If the custodial parent moves out of state and visitation is not readily available, per the order, the non custodial parent can file contempt of court charges as the visitation is not being followed. It would be best to try and prevent the move. Filing contempt of court after the fact will be a lot harder as custodial parent will not be in the area for court dates, etc. This would cause major delays, etc. Leaving the country all together with the child(ren) would be the hardest as there is little you can do... very few countries have compacts with the US to honor custody/visitation. Regardless of your relationship to the other parent... get advice from an attorney locally (often they offer free consultations) before the other parent actually moves. Good luck.

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Originally Posted by 1badchoice

The non custodial parent is kind of limited in action available. He/she can petition the court to stop custodial parent from moving more than a certain distance away. This, of course, takes money for the legal fees. If the custodial parent moves out of state and visitation is not readily available, per the order, the non custodial parent can file contempt of court charges as the visitation is not being followed. It would be best to try and prevent the move. Filing contempt of court after the fact will be alot harder as custodial parent will not be in the area for court dates, etc. This would cause major delays, etc. Leaving the country all together with the child(ren) would be the hardest as there is little you can do.........very few countries have compacts with the US to honor custody/visitation. Regardless of your relationship to the other parent........get advice from an attorney locally (often they offer free consultations) before the other parent actually moves. Good luck.

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Thanks for your responses everyone! I am confused on the "leaving the country" issue, however. Can you clarify?

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Originally Posted by s_cianci

The custodial parent can't provide a modified visitation order but the court can, and will if it deems such a move to be in the child's best interests.

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Thanks for your response. I am now wondering if the parents can stipulate as to a modified visitation schedule. That seems very reasonable to me.

If the court has ordered a visitation schedule and the CP moving would make that visitation schedule impractical, then the NCP can usually block the move. However, if they can agree on a modified visitation schedule, then the NCP may agree to the move.

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Originally Posted by ScottGem

If the court has ordered a visitation schedule and the CP moving would make that visitation schedule impractical, then the NCP can usually block the move. However, if they can agree on a modified visitation schedule, then the NCP may agree to the move.

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Ok thanks!