In California when one parent has Primary Physical Custody and wants to leave the United States for a foreign country, the court must hold an evidentiary hearing after a child custody evaluation. The court must apply the rule as set down in La Musga and Burgess, along with the additional factors as laid out in the Condon case (62 Cal.App. 4th 533)

Under Condon, the moving party must demonstrate to the court that the de facto termination of visitation would be in the child’s best interest. Further the court can require as a condition of the move that the moving parent post a bond, and require a concession that the California courts will continue to hold jurisdiction over the case.