What recourse is there for a non-custodial parent who takes a child out of state when prohibited by court order without permission from custodial parent?

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What recourse is there for a non-custodial parent who takes a child out of state when prohibited by court order without permission from custodial parent?

And, the child is told to keep it a secret and ends up severely affected emotionally.

Asked on October 12, 2012 under Family Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The non-custodial parent actually has a couple of options in this situation.  The first is to file a motion to enforce which could include a request for sanctions against the offending parent.  Sanctions could include requiring the offending parent to pay the non-custodial parent's attorney fees or "make-up" visitations with the child.  If this a pattern and it has had a profound effect on the child, the non-custodial parent can also request a total modification of the custody arrangement by asking for full custody of the child with supervised visits for the offending parent.


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