Child Custody in California: Understanding ATROS and Relocation

Posted November 28, 2022

In California, child custody cases often involve complex legal considerations, including Automatic Temporary Restraining Orders (ATROS) that play a crucial role in parental decisions regarding relocation. Whether parents are married and considering divorce or unmarried seeking child custody orders, ATROS can significantly impact their ability to move within or out of the state. This article provides essential insights into how ATROS function in child custody matters and sheds light on the legal implications of relocation for parents in California.

Parental Separation and ATROS:

Many parents, whether married or unmarried, may experience a period of separation before initiating formal legal proceedings for divorce or child custody. The filing of a Summons alongside a Petition marks the commencement of such cases, with the Summons containing ATROS. These orders, which take effect upon filing, restrict both parents from removing a child from the state of California without court authorization. It’s important to note that ATROS remain in effect until a final court judgment is issued, emphasizing their significance in parental relocation decisions.

When, if, and where you and your child(ren) are allowed to move can be a common frustration of many parents, or possibly a relief to many during this process.

Child Custody And Child Sharing Without A Court Case Or Court Order

If the restraining orders are in effect, the parent that desires to move out of state will need to request the court’s permission first, and the approval or denial of that request may take weeks or months to receive. The parent staying in California will then have time to spend with the child(ren) instead of dealing with the sudden shock of an abrupt, and often unnoticed, move. The parenting wanting to move from California with the children will have to wait to move until they receive an order from the Court allowing the children to move.

There is a catch. If a parent moves the child(ren) out of California before they file a Petition, or before they are served with the Summons and Petition, that parent will not have violated the restraining orders in the Summons. Depending on

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the facts and circumstances of a case, it may take weeks or months before the child(ren) is returned to California as their primary residence, if at all (again, facts and circumstances are critical).

What about moving the children to a different county within California?

As you know, California is a rather large state. What you may not know is that the restraining orders in the Summons do not prevent a parent from moving to a different county within California (a move could mean an 8-hour drive or more).

Assuming no custody orders are in effect if a parent suddenly decides to take the children and move to a different county after the restraining order of the Summons is active, they are not violating any laws. While this situation can be a cause of incredible frustration for the non-moving parent, absent a threat of harm to the child(ren), the court is unlikely to prevent the move at an emergency (ex parte) hearing.

Custody and visitation orders provisions

Custody and visitation orders often contain a provision that requires notice and permission when a parent wishes to move the child(ren) to a different county within California. Waiting to obtain a custody and visitation order, or an agreement that can be filed with the Court, because it doesn’t appear necessary or urgent sometimes proves to be detrimental in the long run for the non-moving parent.

Nevertheless, after a hearing discussing the issue, the Court may order the child(ren) returned to the county of origin if that is in their best interests. The hearing may be many weeks or months away, often without in-person contact between the children and the non-moving parent.

It is important to know your rights, responsibilities, and options regarding Child Custody and Visitation issues. Our family law team at Naimish & Lewis can advise you on this and other dissolution and divorce-related matters. Call or email us today to schedule an initial consultation with an attorney at our firm.

ATROS, Child Custody, Child Visitation, Divorce

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.