Automatic stay of order allowing removal of child from California: 30 days from entry (non-juvenile court)
30 days after date of entry of the judgment or order allowing (or eliminating restrictions against) removal of the minor child from the state, by a trial court other than a juvenile court in a dependency hearing, under Cal. Code Civ. Proc. 917.7.
Rule text
Further, in the absence of a writ or order of a reviewing court providing otherwise, the provisions of the judgment or order allowing, or eliminating restrictions against, removal of the minor child from the state are stayed by operation of law for a period of seven calendar days from the entry of the judgment or order by a juvenile court in a dependency hearing, or for a period of 30 calendar days from the entry of judgment or order by any other trial court.
Calculate this deadline
- Trigger (Date of ENTRY of the judgment or order allowing (or eliminating restrictions against) removal of the minor child from the state, by a trial court other than a juvenile court in a dependency hearing): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, but this date is fixed by the rule and does not move: Sunday, December 6, 2026.
Cal. Code Civ. Proc. 917.7
Further, in the absence of a writ or order of a reviewing court providing otherwise, the provisions of the judgment or order allowing, or eliminating restrictions against, removal of the minor child from the state are stayed by operation of law for a period of seven calendar days from the entry of the judgment or order by a juvenile court in a dependency hearing, or for a period of 30 calendar days from the entry of judgment or order by any other trial court.Official source
Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b
CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." CRC 8.60(a): "The Code of Civil Procedure governs computing and extending the time to do any act required or permitted under these rules." CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a."Official source
- Stay by operation of law expires at the end of the 30th calendar day; modeled with roll 'none' because this is the duration of a stay, not a time to act (AMBIGUITY: no authority found on weekend extension; do not rely on a roll). Seek a writ of supersedeas or further trial court stay before it expires. Does not apply to UCCJEA, PKPA, or Hague Convention return orders. Statute amended eff. Jan. 1, 2022 (AB 938).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date of ENTRY of the judgment or order allowing (or eliminating restrictions against) removal of the minor child from the state, by a trial court other than a juvenile court in a dependency hearing on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date of ENTRY of the judgment or order allowing (or eliminating restrictions against) removal of the minor child from the state, by a trial court other than a juvenile court in a dependency hearing): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Stay by operation of law expires at the end of the 30th calendar day; modeled with roll 'none' because this is the duration of a stay, not a time to act (AMBIGUITY: no authority found on weekend extension; do not rely on a roll). Seek a writ of supersedeas or further trial court stay before it expires. Does not apply to UCCJEA, PKPA, or Hague Convention return orders. Statute amended eff. Jan. 1, 2022 (AB 938).
Related deadlines
- Opposition to petition for writ of supersedeas: 15 days after petition filed (15 days after)
- Objection to appeal undertaking (stay bond): 10 days after service of copy of bond (10 days after)
- Hearing on objection to undertaking: not less than 2 days after service of notice of motion (2 days after)
- Hearing on objection to undertaking: not more than 5 days after service of notice of motion (5 days after)
- New sufficient undertaking after court finds bond insufficient: within 5 days (5 days after)
- Payment after affirmance of money judgment stayed by undertaking: 30 days after remittitur filed (30 days after)
- Payment on right-to-attach-order appeal undertaking: 30 days after judgment final (30 days after)
- Outer limit of trial court's discretionary stay (bond-type judgments) without consent: 10 days after last day to appeal (10 days after)
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.