How Does Relocation Affect Parenting Orders?

When a dissolving marriage finally ends, both parties can go on with their modified lives. If children are involved, then parenting orders may be in place that dictate how long the kids can spend with both adults as well as other matters. Yet as time goes by, situations can change, and as the kids will be living with either their father or mother as a base arrangement, complications can arise. So, what happens if the parent that houses the kids needs or wants to relocate to another city?

Reasons for Relocation

This type of scenario is far from unusual. Sometimes, that parent just wants to get away as the vicinity reminds them of their former life. At other times, they may have a job offer with very attractive conditions and would like to take it up.

Making a Decision

In an ideal scenario, both of the adults would discuss this matter calmly and clearly and come to a sensible agreement. Unfortunately, this does not always happen, and the matter may need to go back in front of the court.

Assessing the Situation

If the judges do become involved, the applicant will need to request permission from the court to relocate. The judges will hear both sides of the argument and may refer to the initial case to get more information about the parents and their relationship with the child.

Travel Time

Distance will certainly come into the equation. For example, the arrangement may proceed if the relocation is within sensible travelling distance and may not affect the frequency or length of any visits between the child and the remaining parent.

Interests of the Child

If this is not the case or if there are any significant objections from the other party, the court will need to consider many different factors. However, they will primarily consider the child's best interests and want to know how such an arrangement can affect any "meaningful" relationship with both parents. After all, in an ideal world, both parents should share parental responsibility, and the child should spend an equal amount of time with each one.

Complicated Decision Process

This does not mean that an application will be dismissed out of hand. The child may be particularly keen to travel, which may certainly have a bearing on the final outcome. In other words, there are many factors to consider, and it is important to put forward a strong case when the matter is in front of the court.

Professional Advice

If you find yourself involved in a situation like this, always get a family lawyer on your side. After all, how you present your case may have a significant bearing on the outcome.

If you have any questions about family law, reach out to a lawyer in your area. 

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