Beverly Hills, CA

Tuesday, May 15, 2012

The Judge in Jennifer Lopez and Marc Anthony's Divorce Case has made orders that they need to get permission from the Court to permit them to take their children outside of the State of California. Both Jennifer Lopez and Marc Anthony have their respective concert tours this year and they both want to take their children Emme and Max. Jennifer Lopez has filed a motion with the court that is set for June 26th requesting that Marc Anthony and she be permitted to take their children out of California and it states, that Marc Anthony and she can work out the scheduling of the children, this according to TMZ on May 11th.

The issue that Jennifer Lopez and Marc Anthony have is not unusual. In a Family Law Case in California seeking to establish a parent/child relationship or a divorce with child(ren), the Summons that gets served on the other parent states, "You and the other party are restrained from removing from the state the minor child or children for whom this action seeks to establish a parent child relationship without the prior written consent of the other party or an order of the court." Therefore, after you file the family action as the Petitioner you cannot remove the minor child or children from the State of California without the other party's permission or a court order. If you are the Respondent, i.e. the party that is responding to a Petition on a Family Law Matter, once you are served with the paperwork you cannot remove the minor child or children from the state. Therefore, if you wish to take your children on vacation out of state, you need to have a working relationship with the other parent to obtain their written consent or you have to go to court to get an order.

About Sussman & Associates, APLC

Sussman & Associates, APLC has represented high profile individuals involved in the entertainment and sports industry as well as entrepreneurs in all aspects of family law including divorce, prenuptial agreement, child custody and support matters. Mr. Sussman is on the Board of Governors of the Beverly Hills Bar Association and is past Chair of the Beverly Hills Bar Family Law Section.

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Evan T. Sussman

Sussman & Associates

Beverly Hills, CA

310-288-1990