Articles

Relocation of Custodial Parents

Attention to the issues that arise when a custodial parent plans to relocate with his or her child(ren) has increased in recent years. This is because high divorce rates and increased mobility have generated a significant number of these cases, patterns of post-divorce parenting have changed, and conflicting policy goals have left uncertainty as to the correct emphasis in relocation disputes. In the case of proposed relocations that will hinder access, a conflict arises between the goal of maintaining frequent and continuing contact with both parents and that of maintaining stability in the child’s relationship with the custodial parent. Relocation disputes are governed by the best interests of the child test. Some have argued in favour of adopting a presumption that the custodial parent’s relocation plans are in the best interests of the child. Any such presumption would undermine the best interests of the child standard and should not be adopted. However, in determining the best interests of the child, careful attention should be given to the negative effect on the child should the custodial parent be restricted from relocating. The relative importance of maintaining frequent and continuing contact with both parents should also not be overemphasized in relocation disputes. Social science evidence indicates that other factors — specifically, a well-functioning custodial parent and avoidance of parental conflict — are also linked with positive outcomes for children. There is no evidence to support giving priority to maintaining frequent and continuing contact with both parents in cases of conflict.

Relocation of the Custodial Parent: A State By State Survey By David M Cotter

This issue of Divorce Litigation is designed to serve as a supplement to the earlier article. The current issue presents a state by state overview of the laws germane to relocation cases, including which party bears the burden of proof and the factors that should be considered in resolving relocation disputes. This overview also cites the relevant statutes and cases addressing the topic, which should be especially helpful as more and more states are enacting statutes that govern a custodial parents relocation.

SUBMISSION TO THE FAMILY LAW COUNCIL REGARDING THE INQUIRY INTO RELOCATION OF CHILDREN IN FAMILY LAW

Court orders regarding the relocation of children after parental separation generate a great deal of emotion, particularly for the parent whose contact with his or her child is altered or whose freedom of movement is curtailed. Australian families are part of a highly mobile society, often with emotional and cultural connections either interstate or overseas. Once residence and contact orders are made or agreed to, extraneous factors may influence where parents and/or children live, resulting in litigation. More often than not, women are the primary care givers and residence parents.1 Preventing their movement may hinder their social, psychological and economic advancement and perpetuate a cycle of poverty. As the child’s best interests are intrinsically linked with the residence parent’s well being and are promoted in an environment free from conflict and disharmony, the residence parent’s ability to parent effectively is a legitimate concern.

Divided parents, shared children Conflicting approaches to relocation disputes in the USA

While courts grapple daily with children’s best interests in custody disputes attendant to divorce and separation, relocation disputes are qualitatively different. In these disputes, judges make decisions that could well determine the future course of custodial parents’ lives. Judges may determine whether custodial parents will be able to remarry, follow their spouse to a new location, take a new career position, attend school, or rejoin family. A doctrinal approach that assesses only children’s best interests ignores these key aspects of relocation disputes. The United States is a highly mobile society. Almost 40 million people move to a new residence each year. While close to 25 million remain in the same county, 8 million move to a different county in the same state, and 5.7 million move to a different state.1 Approximately 1.3 million move transnationally every year

A Community for Children? : Children, Citizenship and Internal Migration in the EU By: Louise Ackers, Helen Stalford

Based upon important socio-legal research, this insightful book examines the impact of migration on children within the European Union and evaluates an innovative approach to the development of interdisciplinary and child-centred methods in comparative research.