Opposing Relocation
Introduction
In cases of divorce or separation, child relocation can be a contentious issue. Parents may have differing views on the best course of action for the child, with one parent potentially wishing to relocate with the child. The disagreement may stem from concerns about the child's emotional stability, academic continuity, or the ability to maintain a strong relationship with both parents.
Understanding Opposition to Relocation
Opposition to child relocation essentially falls into two categories. First, evidence could be gathered to undermine the relocating parent’s reason for moving, the viability of their plan, and the benefits to the child of relocating. This could involve questioning the validity of the parent's new job opportunity, the stability of the new location, or the child's ability to adapt to a new environment.
Second, evidence could support a conclusion that the child will be adversely affected by the relocation due to loss of contact with the other parent, loss of their familiar community including extended family and friends, and improper motivation for relocating. This could involve demonstrating the child's deep ties to their current location, their reliance on the non-moving parent, and any suspicious circumstances surrounding the move.
Initial Steps:
At the outset, you will need to do the following:
Review any existing parenting order or arrangement carefully. Understanding the current agreement is crucial for determining the best course of action. The terms of the order might influence the legal strategies available to your client.
Understand the family's circumstances and the factors on which objections could be based. Each family is unique, and the specific circumstances will likely influence their opposition to the move. Factors such as the child's age, the distance of the proposed move, and the reasons for the relocation can all play a significant role in the case.
Determine the position to advance. Some people might want to prevent the move entirely, while others might be open to the move but wish to negotiate changes in parenting time or visitation.
Gather evidence in support of the current location's relevance to the child’s best interests. This could involve showing the child's involvement in local activities, their academic success, or their close relationships with friends and family in the area.
Legal Procedure
Often, a separation agreement or parenting order has been in place for several years before the issue of relocation arises. A proposal to relocate is considered a material change in circumstances that would warrant a variation in the existing parenting order or agreement. Therefore, either party may bring a motion to change.
If there is no existing order or separation agreement in place, the parent opposing the move will need to start an application and should also seek a temporary order prohibiting the other parent from removing the child from the jurisdiction pending the determination of the application. This can protect the child's current situation while the legal process unfolds.
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