Relocation

The emotional effect of Relocation on Children and the legal effect on the Parents are both important factors to consider when removing the Children from one Parent.  The first step is to review your Parenting Plan to discern whether relocation is permitted without further action.

It is likely that the Parents may have entered into a Shared Parenting Plan, a Parenting Plan or a Custody Agreement, each should address the issue of Relocation.  The Parenting Plan and/or Custody Agreement are often Court Orders, whether the Order is from Domestic Relations Court as when Parents are Divorced, or Juvenile Court, when Parents were never married to each other. 

The Parenting Plan should contain a Relocation Clause and it may be a violation of a Court Order if the Parent moves without consent of either the non-moving Parent or the Court.  If the Parenting Plan is silent as to relocation, the Court may still require a hearing to determine if the Children should move.  

Simply because one Parent is the Legal Custodian DOES NOT mean that the Parent makes all of the decisions, including whether to relocate outside the jurisdiction.  In most instances, a Parent may not move without approval of the non-relocating Parent or an Order of Court.

If a motion is filed, the Court will consider many factors, including the Parents reasons for moving as well as the best interest and the affect on the children.

More importantly, review your Custody Agreement carefully and consult an attorney that practices in the area of Family Law.