What Is A Move-Away Case?

A move-away is a request made by a parent to relocate outside the current County, State, or Country.

Can the Court Stop Me From Moving?

It is important to know that in move-away cases, the Court does not decide whether the parent can move. The Court has to decide whether the child should move with that parent and what the visitation arrangement should be. In making its determination, the Court must look at whether there is an existing order, final post-judgment, or if its decision will be the initial custody determination.

Burden of Proof

In California, the custodial Parent has a presumptive right to change the children’s residence. However, the custodial parent’s right to relocate with the children is presumptive only and not absolute. The Court will not interfere with that decision unless the move is detrimental to the children.

Permanent Custody Orders- Changed Circumstances

If there is an existing order, the parent with primary custody has a presumptive right to move. The Courts will not interfere with that decision unless the move is detrimental to the child. The other parent has a right to challenge the proposal to move.  If the other parent does challenge the move, they must prove to the Court that there has been a change of circumstances and that the move would be a detriment to the child for the Court to modify the existing custody order.

Initial Custody Determination- Best Interest Analysis

If the parents have joint custody or there is no existing custody order, the Court will rely on the “best interests” analysis.  In an initial custody determination, the planned move and any resulting prejudice to the children must be considered; but those factors do not prevent the Court from considering all other circumstances that effect the child’s best interest. Also, the opposing parent does not have to prove that the move would be detrimental to the child.

Factors

In making an initial custody determination, the Court takes into consideration:

- The importance that the child maintain a stable and continuous environment, considering factors like: how much time the child spends with each parent under the current arrangement, how long the current custody order has been in place, as well as the child’s ties to friends, school, and community activities and any special needs the child has

·       - The distance of the move

·       -  The child’s age

·       -  The child’s relationship with both parents

·        - The relationship between the parents, including: how well they communicate with each other, whether they’re able to put their child’s interests ahead of their own, and how likely the moving parent is to accommodate contact between the child and the other parent

·        - Where the child wants to live, if they are of an age and maturity level to make an intelligent preference, and

·        - The reasons for the move (while the moving parent does not have to show that the move is necessary, if there is evidence that the purpose of the move is just to disrupt the relationship between the child and the other parent, the court may factor this reason into the decision).

 
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