Child Abduction by one parent is very common. The parent may do it out of spite, may be violating Court Orders, or may honestly feel they are doing right by the child[ren]. Either way, that parent is not doing what is in the best interst of the child[ren] or respecting your legal or parental rights. The Courts do not view this favorably. Attorney B J Fadem has over 20 years experience in Family Law and understands the procedures and process regarding Removal of the Child[ren] ie, Child Abduction.

Common questions regarding Removal of Child[ren]:

What does the Court consider Child Abduction?
Removal of Children; Standard of Proof. Neither party shall remove the minor - child [ren] of the parties from the state for the purpose of changing the residence of the child[ren] permanently to a location outside of this state, without the express written premission of the other party, or with leave of the Court obtained prior to removing the child[ren]. In the event that the party wishing to remove the child[ren] from this State must obtain leave of the Court to effect such removal, that party must establish that the reason for leaving is bona fide and that he or she is planning to move in good faith and not for the purpose of undermining the Visitiation arrangements existing between the child[ren] and the other party, and that the removal of the child[ren] to the new location will not be deleterious to the best interests of the child[ren].

Are there criminal penalties I can file against the other parent?
It depends on the circumstances of the Removal of the Child[ren].

Can I move out of the State with my child(ren)?
Depends on many factors.

Child Abduction/Removal of Child Interstate - This is not Hague.

Will another State enforce a Custody Order from California?
Yes.  Every State within the United States must give 'full faith and credit' to Orders issued by the State of 'proper jurisdiction'.

What can I do to prevent Child Abduction from California? 
Under certain circumstances where there is a high risk of abduction, the Court may isssue a Restraining Order.

There is one more factor to consider. It all depends on what the Judge decides. It is in your best interest to have as much proof in tangle form as possible and as many witnesses as possible.

Attorney B J Fadem is very much a child advocate. She will fight for the welfare of your child[ren] and your parental rights. She has the experience, skills, and drive.

When you consult with our Family Law Firm, you be getting:

• Legal advice and counsel based on over 20 years of experience
• A Certified Family Law Specialist in the State of California
• Free Initial Consultation. Please read the FAQs prior to your Initial Consultation.
• Access to any outside resources needed such as mediators, private investigators, analysts, forensic CPA
  
• A welcoming, child friendly office filled with toys
• Attorney's who are well-respected by many Judges in many counties and with in the legal communiy

Your case may be time sensitive. Please contact our office to set-up your Initial Consultation. Let's Talk. Please read the FAQs prior to your Initial Consultation.