Child Relocation- factors the Family Court considers
Q: What is child relocation?
This occurs where one parent wishes to relocate to a different city or country with the children. In many cases this move is opposed by the other parent. In my view it is not easy to relocate with your children without the consent of the other parent. Each case in the Family Court is decided on its facts.
The parent seeking the relocation will need to satisfy the Court that the proposed move will be in the best interests of the children, particularly if existing care arrangements with the other parent will need to be significantly changed as a result of the proposed move.
Each case will be unique and its own particular facts will determine the outcome.
Some of the factors the Court will consider in determining these applications are:
- Extended family situation;
- Child/rens views;
- Relationship of the parties;
- Historical choices of residence;
- Distance between two residences;
- Each parent’s relationship with the children;
- Future contact proposed with the children;
- Domestic violence issues;
- Child/rens needs;
- Distance of proposed move.
In my experience, relocation cases are stressful for the parents, children and other family members. THE KEY THING IS TO GET LEGAL ADVICE AS EARLY AS POSSIBLE.
If acting for the parent intending to relocate, careful planning needs to be done. Time is all important, because if one party moves, the other needs to object quickly otherwise the court could see that as a sign of agreeing to the move.
It is possible to get orders from the Family Court to prevent people leaving the country or relocating with children, on an urgent basis. If it doubt, call Jeremy on 09 263 6953 0r email him jeremy@jeremysutton.co.nz
This is one area of law where the case often goes to a full hearing and there is less potential for compromise or settlement. The consequences of a relocation will often be significant for one of the parents and/or the children.
Jeremy and his team specialise in applications for parents to relocate (both within New Zealand and internationally) on an urgent basis. Call Jeremy on 09 263 6953 or email him jeremy@jeremysutton.co.nz
