Thread: Leaving the Country During California Divorce

My question involves divorce in the State of: California

My husband and I recently separated. He's from west Africa, and we both agreed that I would accompany our daughter to his home country, where she'll stay with his family for a year. I also intend on living there for up to a year. However I want to file for divorce before I leave. Am I allowed to leave the country or take our daughter out of the country during a divorce? I will have his permission. Also, if it's allowed, how long do I have to wait to leave after I notify the court of my trip? Thanks for any help.

Hi Maritina,
Thank you for your question and it is actually a very good question. When you file for a divorce, you will file a Petition-- Marriage and a Summons and serve your husband with these documents (I highly recommend that you file BEFORE you go to west Africa to meet the residency requirements needed to obtain your divorce). When you file the Summons, "Standard Family Law Restraining Orders" automatically go into effect (you can download this form below and I've highlighted the relevant section for you).

In short, this provision prevents either party from taking minor children out of the state without the prior written consent of the other party or an order of the court.

However, keep in mind that this provision is enforcable through the parties. Meaning, the court is not going to take any action on its own to enforce these restraining orders. In short, your husband would have to file a motion saying that you violated the restraining orders by taking the children out of the country. I would take the safe road and get a written agreement from him that the children could be removed from the state. You do not need to file it with the court. You should just keep the agreement somewhere safe in the event your husband ever claimed you took the children out of the state without his permission.

Hope this helps. Isaac

Originally Posted by Maritina

My question involves divorce in the State of: California

My husband and I recently separated. He's from west Africa, and we both agreed that I would accompany our daughter to his home country, where she'll stay with his family for a year. I also intend on living there for up to a year. However I want to file for divorce before I leave. Am I allowed to leave the country or take our daughter out of the country during a divorce? I will have his permission. Also, if it's allowed, how long do I have to wait to leave after I notify the court of my trip? Thanks for any help.