relocation - moving away with children
relocation with a child to another town, state or country requires the other parent’s approval or a court order.
The exercise of parental responsibility of divorced or separated parents is grounded on a parenting order or parenting plan that provides for a child’s care arrangements. Whenever dealing with their children, divorced or separated parents have to refer to what has been ordered by the court or what they agreed upon.
One of the important conditions in a parenting order or parenting plan is with respect to the child’s location. Parents have to abide with the location that is specified in the order or plan otherwise they may be committing abduction of their own child.
How can a parent commit abduction against his own child?
A parent may be held liable for abduction or violation of a court order if he takes his child without the consent of the other parent to another location that is not in the parenting order or parenting plan.
Abduction may be committed by either parent. Among other things, the order or plan will state the primary residence of the child. Relocating or moving the child out of the town, state or country without the consent of his other parent is considered as abduction.
How do I avoid committing abduction?
You must get the permission of the other parent if you want to relocate with your child to another place. Relocation is when the parent transfers with the child to another town, state or country which is not his primary residence. Relocation will of course affect the other’s parent’s rights and responsibilities to his child that is why it is absolutely necessary to get his permission. Relocation means that the other parent will have to make adjustments on how he will live with, spend time or communicate with the child.
The parents may enter into an agreement or a parenting plan regarding how each parent will be able to spend time with the child despite the relocation. It may also be possible for the other parent to relocate. Based on the parenting plan the parents can ask the court for consent orders
A parent who does not give his permission may be brought to court by the parent who wants the relocation. A relocation order may be sought to compel the other parent to allow the relocation.
I have filed a court application, can I relocate?
You need to wait for the court order to be issued. Also, you cannot assume that your application for a relocation order will be granted. Remember that even in a relocation application it is the child’s best interests that will be the primary consideration of the court.
The applicant must be able to prove to the court that the transfer is best for the child’s welfare. It must also be possible for the other parent to still spend time and communicate with his child. Otherwise, the court might not be inclined to grant the application.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.