The Court may enter an Ex Parte order either granting or modifying custody unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the state of California. As set forth elsewhere, if you provide the requisite notice and file your Ex Parte motion, the Court can issue orders either preventing the other parent from leaving the state with the child or ordering the child to be left behind with the non-moving parent while the other parent moves. Again, timing is key and if you suspect that such a relocation may be likely, don't hesitate and file your Summons, Petition and file your Ex Parte Request for Orders today.
The other parent already left the state before I could serve them with the Summons and Petition. Do the ATROs apply and can I serve the other parent with the Summons and Petition to make them return the child?