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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30357
Experience:  Attorney with experience in family law.
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Thank-you so much . Yes, I must have written permission to

Customer Question

Thank-you so much for responding. Yes, I must have written permission to travel out-of-state. If my x does not respond quickly, and I cross state lines so my son can see his grandparent for the last time, would I place either one of us in jeopardy? How
long does an emergency motion take in CA?
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.
Good morning,
An Emergency Motion goes to a hearing immediately, so it could be done today.
The other parent could seek to have you held in contempt of court if you travel without written permission. Contempt of court requires a knowing and willful violation of the court's order. If you can show that this was an emergency, and that you made every effort to get consent before going, a sympathetic judge may choose not to impose harsh sanctions. That's why it helps to send texts and emails so you can show that you made every effort to deal with the emergency and he refused to either take your son or give you permission to travel without him.
He can also charge you with parental kidnapping IF your trip interferes with his scheduled visitation. That's the bigger problem. Although you'd still be able to argue lack of intent.
It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.