Can a non-custodial parent who cannot find his or her ex spouse and children take advantage of the remedies provided by the Court?

California, United States of America


The following excerpt is from State of Washington ex rel. Burton v. Leyser, 196 Cal.App.3d 451, 241 Cal.Rptr. 812 (Cal. App. 1987):

"A noncustodial parent who cannot find his or her ex spouse and children cannot take advantage of these remedies. We think that that difference requires a distinction between 'interference with visitation' and 'concealment.' 'Appellant cannot play hide-and-seek with respondent and then recover support payments for that period of time during which she successfully kept her and the children's whereabouts unknown to him.' [Citation.]" (Solberg v. Wenker, supra, 163 Cal.App.3d at p. 480, 209 Cal.Rptr. 545, emphasis in original.)

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