Some of the more challenging family law issues to resolve between the parents occur when one parent wants to move away with the parties’ children to another county, state or in some cases the country. Obviously, this can have a significant impact on both parties’ relationships with their children.
In resolving these issues, the courts will first want to determine whether or not the motives of the parent who wants to move are legitimate. Specifically, if a court is persuaded that the true reason a parent wants to move away with the children is to frustrate the other parent’s contact with their children, a court will not permit the children to move.
However, if a court is convinced that the move is reasonably necessary for such purposes as employment, economic benefit, or to move closer to other family members, the court will then want to analyze the impact the potential move will have upon the children’s relationships with both parents. Simply stated, if the children are significantly bonded to both parents, it is unlikely that the moving parent will be able to have the children move with them.
In making this determination, the courts will look at a number of factors. The more significant ones are the amount of time and level of involvement each parent has had with the children. If, for example, the non-moving parent has not been involved with the children’s lives and spends a minimal amount of time with them, it is far more likely the children will be able to move away with the other parent.
These cases are very complicated and raise many legal issues. If you are either considering a potential move with your children away from their other parent, or are faced with the other parent attempting to move away with your children, please contact us immediately for further detailed legal advice.