What to Know Following a California Move-Away Trial
This is the next post in my series on The Process of Relocating a Child Outside of California. My last post discussed what happens during a child-relocation evidentiary hearing and what a parent should know before going to trial. In this post I will be discussing what life is like once a decision is made and how to prevent yourself from being held in Contempt of Court.
A parent who is given primary custody has a responsibility to uphold the California Court’s Order with regards to visitation and communication
The trial Judge will make decisions regarding whether or not a child is permitted to move from California after an evidentiary hearing. This decision will include what the visitation schedule with the other parent and other requirements regarding communication. It is important for both parents to follow the Court’s Order regardless of whether or not they agree with the Judge’s decision.
Many Judges will order for the parent with primary custody to keep the other parent in the loop in regards to all important information which concerns the child. This may mean sending the noncustodial parent report cards, disciplinary reports, medical records, etc. If one parent has been allowed to move away with the child, it is not uncommon for a Judge to ensure that the other parent remains an integrated part of the child’s life. The Court Order may include specifying how frequently the other parent is to have phone communication with the child as well as in-person visitation. If the custodial parent does not follow these conditions, it may be possible for the other parent to file a Motion requesting that the custodial parent be held in contempt of Court.
Keeping a cordial relationship between both parents is important to all parties involved in California child move-away cases
One of the factors a Judge considers in a move-away case is both parents’ ability to co-parent with one another. The Court’s know that, in most cases, a child needs to have a relationship with both parents and it is harmful when two parents are unable to get along. While there are situations in which working together it is not possible, it is always best for both parents to maintain a cordial relationship with one another. This is true even when one is not happy with the trial results. Once a decision has been made, continued fighting only harms the child. It is also important for parents to be able to communicate in order to coordinate travel plans and phone conversations between the child and the noncustodial parent. If one parent is blatantly ignoring the Court order then it is important to consult your family law attorney for advice rather than retaliating. Both parents are responsible for upholding their own end of the Court Order, and either party can get into trouble for disrespecting the Court.
Once a trial is over then it is ideal to stay out of the Court system unless a significant change in circumstances occurs. However, if one party is not honoring the Court’s Order then it is important to contact your attorney right away rather than attempting to handle the situation yourself. If you have a recent Court order following a move-away from California and your ex is not upholding the agreement, contact our San Diego office right away.