Extended summer parenting time is supposed to be a good thing. Now and then it goes wrong. The child was supposed to come home at the end of the other parent's summer block and did not. Calls go unanswered, or you are told the child is staying longer whether you agree or not. When that happens, you have options, and moving thoughtfully but quickly matters.
First, document and communicate
Before you race to court, gather the basics. Note the date the child was due back under your parenting schedule, save the messages showing the plan and the refusal, and make a clear written request that the child be returned by a specific time. Sometimes a withheld exchange is a misunderstanding about dates, and a calm written message resolves it. Keep your tone factual. If the situation is truly urgent, such as the child being taken out of state or you cannot locate the child at all, treat it as an emergency.
Emergency and ex parte custody orders
California courts can act on very short notice, but the bar for an emergency custody order is high by design. A court will refrain from granting or changing custody on an ex parte basis unless there has been a showing of immediate harm to the child or an immediate risk that the child will be removed from the State of California (Family Code section 3064). A parent simply keeping the child a few extra days, without more, may not clear that bar. But a credible plan to leave the state, concealment of the child, or a genuine safety concern can.
If you do not have an emergency but the other parent is refusing to return the child, you can still file a request for order asking the court to enforce the existing schedule, order the child returned, and address the violation. That request is heard on regular notice rather than as an emergency, but it puts the matter squarely before the judge.
When the situation looks like abduction
If the other parent is concealing the child or has taken the child in a way that deprives you of your custody rights, this can cross into criminal territory. California makes it a crime to take, keep, withhold, or conceal a child and maliciously deprive a lawful custodian of a right to custody or a person of a right to visitation (Penal Code section 278.5). Importantly, a custody order obtained after the child was taken is not a defense. In these cases, law enforcement and the district attorney's child abduction unit can become involved alongside your family court remedies.
Your custody order helps here too. Every California custody order must clearly describe each party's rights and identify the child's country of habitual residence, and courts can build in abduction-prevention measures where a risk exists (Family Code section 3048). A well-drafted order makes enforcement faster because there is no dispute about what the schedule was.
Practical steps
If you fear the child is about to be taken out of state or is in danger, contact counsel immediately about an emergency request and consider contacting law enforcement. If the concern is a violation rather than an emergency, file a request for order to enforce your schedule and preserve your evidence. Either way, keep exchanging the child on schedule for all other periods and avoid self-help that could expose you to the same criticism. Courts pay close attention to which parent followed the order and which one did not.
Frequently asked questions
The other parent kept our child a few extra days. Is that an emergency? Not necessarily. An ex parte custody order generally requires immediate harm or an immediate risk of removal from California (Family Code section 3064). A short violation may instead be addressed by a request for order on regular notice.
Can I call the police if my child is not returned? You can, and in cases of concealment or a child taken to deprive you of custody, Penal Code section 278.5 may apply. Police response varies, so having a clear custody order and documentation helps.
What if I am afraid the other parent will leave the state with our child? That is exactly the kind of immediate risk that can support an emergency request under Family Code section 3064, and a court can order abduction-prevention measures under Family Code section 3048.
This article is part of the Summer Travel and Parenting Time series.