Move Away – Relocation Issues

Family Law Judges and Child Custody Evaluators frequently describe Move Away and Relocation cases as their most difficult.  When one parent is proposing to move out of the area with the child, it can profoundly change the course of the child’s life, and his or her relationship with the parent who is left behind.  In my 35 plus years of practice, I have seen the diverse case law on Move Away issues evolve, back and forth, in what seems like a contradictory fashion.  The case law and legislation on Move Away issues reflects the conflict between trying to facilitate ongoing, frequent and continuing contact between parents and their child, and life circumstances and situations that motivate or require parents to move out of the area.  The primary consideration is what is in the best interests of the child, and the Court and Child Custody Evaluators may look at many factors to determine what is best in any particular family situation.

Some evaluators have a bias that no parent should be allowed to move a child away from the other parent, while others believe that primary custody parents should be allowed to freely move with the child, unless the move is solely designed to block the other parent’s contact with the child.   Such one size fits all approaches do a disservice to some children.  What a move offers or costs a child and their family is highly variable.  While it may be tempting to try to find a Child Custody Evaluator whose bias is in the direction you want, in the long run that is self-defeating.  They may not provide information that helps you understand what your child needs.  Also, after you spend a lot of money, time and aggravation to get a favorable report, the Judge could go the other way because the evaluator did not consider the factors they are legally required to consider and their bias showed through.  A proper assessment of a Move Away issue requires a high level of sensitivity to the numerous factors that must be considered for each family.  These include, but are not limited to, the following:

  • The history of each parent’s involvement with the child and continuity of care – Examining the frequency, consistency and quality of their involvement thus far.
  • The extent of shared custody – To what extent have the parents shared physical custody of the child?  The Court and the Child Custody Evaluator should look at what the parents have actually done, not just the language in any court order.  This can take some investigating, as I have had parents tell me very different versions of what they have been doing.
  • The parent’s reasons for a move – These can be everything from economic, academic, military, new spouse, return to former hometown, or lifestyle choices such as preferring a smaller town atmosphere, etc.
  • Geography and travel time of the proposed move, which can involve anything from an hour’s drive to an international move.
  • Financial resources – What finances are available to facilitate ongoing contact? This can have a significant impact on how frequently the child sees each parent.
  • International Moves – International relocation also requires consideration of whether (1) any cultural conditions and practices might have an adverse impact on the child; (2) the distance is so great that visitation would be financially prohibitive; and (3) there are jurisdictional problems that could make California’s orders unenforceable in the foreign country.
  • The child’s developmental stage, which impacts the child’s sense of time – There is a need for more frequent contact when the child is younger to build a bond and maintain the relationship.   It is important to consider the closeness of the bond with a main caretaking parent and the difficulty/costs of airline travel for younger children who cannot fly unaccompanied.
  • Child’s temperament and special needs, which can include resources for the child in the new or current area which can be anything from educational services and medical care to support for the child’s talents and interests.  This may involve a comparison of what the child needs, what has been utilized, and what is available in each area.
  • History of parental conflict – How well or poorly have the parents previously communicated or cooperated about parenting, and what is each parent’s role in the difficulties?  This may suggest how well they would communicate about the child over a distance, or facilitate the connection between the out of area parent and the child.
  • Domestic violence – Is there a history of domestic violence between the parents?
  • Psychological functioning – The parents’ psychological state, the impact of the move on the parents’ stability, and their ability to care for the child.
  • Parental effectiveness – The ability of each parent to handle day to day parenting tasks in a manner that is emotionally responsive to the child’s needs.
  • Timing – How recent was the parental separation and how much change is the family currently going through?
  • The child’s wishes if the child is mature enough to form an intelligent preference.
  • Visitation/access time being offered – In some situations, while there may be less frequent access to each parent, i.e., not weekly, there may be a similar time share over the course of a year that occurs in longer blocks of time, such as during the summer and school holiday breaks.
  • The bond between siblings – This can also include half siblings who may be moving with the parent, or staying in California with the local parent.
  • Which parent is more able and willing to facilitate the other parent’s contact with the child?

Another issue to be aware of in Move Away – Relocation cases is that typically the Court may not allow the parent to move until after an Evaluation has been completed and litigation concluded, which can take many, many months.

These are not easy issues.  I hope this discussion can help you think through a potential relocation so that you can make your own decisions that are best for your child.  If you are facing a child custody evaluation on a Move-Away matter, I hope consideration of the issues I have described can help you going forward.   Below is a list of some additional reading material that may help you in handling these difficult issues.

If I can be of further assistance, please call me at 310-376-2047.

 

Move Away – Relocation Resources

Other States’ Parenting Plan – Parenting Agreement Information

  • The Arizona Courts Booklet describes information on Parenting Plans for children of different ages and family situations, and contains examples and worksheets.
  • Oregon’s brochure has helpful information on child development and plans for families who relocate (move away) various distances. View the Medium Distance Schedule and Long Distance Schedule.

Books on Long-Distance Parenting

“Nobody can go back and start a new beginning, but anyone can start today and make a new ending.”

Maria Robinson