Andrew

In this child custody dispute following a final custody determination, we issue a peremptory writ in the first instance because respondent court has improperly deprived petitioner of an opportunity to be meaningfully heard before granting real party in interest’s move-away request to take the two minor children from the State of California to the State of Washington.

A meaningful hearing is a critical requirement of California law before any judicial determination regarding an out-of-state move-away request for parents who, as here, share joint legal and physical custody following a final judicial custody order. These essential procedural safeguards cannot be evaded merely because respondent court labels its order as “interim,” “nonappealable,” “temporary,” and “without prejudice.”

I

Petitioner Andrew V. (Father) has filed a petition for writ of mandate/prohibition and a request for an immediate stay of respondent court’s “temporary” move-away order of January 14, 2015. Real party in interest Jessica V. (Mother) opposes the petition and stay request, and already has moved out-of-state with the minor children.

Father and Mother were married in 2003 and have two…