What might happen if I move out of state on temporary orders that have been in place for 6 years? 3 Answers as of June 10, 2013

2007 - Temp orders were placed giving me sole physical custody and father with 2 hours on Tuesdays and 3 hours on Saturday. We went through mediation, agreed to a new schedule. My attorney at that time wrote up the stipulation but father never signed or returned the stipulation. For the past 6 years, we have only had the legal filed temp orders. 6 years later, I am now moving out of state with little notice to the father but filed a modification order with the courts for a move away and modification of visitation but will be moving before the scheduled court date in a month. Can father file an ex-parte to stop me from removing the child from the state until we go to court? In doing my research, Family Law Code 7501 states (a) A parent entitled to the custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child. Can a judge order me to stay until the hearing if he files an an ex-parte before I leave or does FL7501 protect me?

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Glenn Milgraum PC
Glenn Milgraum PC | Glenn P. Milgraum
A Court cannot stop you from leaving; however, they can stop you from removing the child from the state. It is not uncommon for a judge to transfer temporary custody to the parent staying in the State, or at least use that as a threat to encourage the moving parent to remain until a final determination can be reached.
Answer Applies to: New Jersey
Replied: 6/10/2013
John Russo | John Russo
Yes, I would be very careful leaving before the court OKs it.
Answer Applies to: Rhode Island
Replied: 6/10/2013
Reza Athari & Associates, PLLC | Seth L. Reszko
The father does have a right to have the child produced in Court for purposes of deciding whether relocation is in the child's best interest. I would recommend hiring an attorney to better protect your interests.
Answer Applies to: Nevada
Replied: 6/10/2013
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