Child Relocation Cases in Family Law
Introduction
Relocation cases are amongst the most complex and emotional issues tackled in family law. When a custodial parent decides to move and wishes to take their child with them, it can result in a legal dilemma, often requiring a rapid resolution. Let's delve into this topic by exploring the motive for the move, the legal considerations during the interim stage, and the necessity of expedited hearings.
The Motive for the Move
The reasons for relocation can vary significantly. For instance, a parent may wish to move for a new job opportunity or to start a new family unit with a partner at a different location. The timing of these opportunities often necessitates quick legal decisions, as many relationships or job offers may not survive the months it takes to reach a trial. In such cases, the relocating parent may seek permission to temporarily move the child, pending a full trial. However, either permitting or denying the move can have consequences. If the move is allowed temporarily, the status quo developed by the trial time could be challenging to overturn. Conversely, not allowing the move may result in a lost opportunity that could have been in the child's best interests.
Legal Test at Interim Stage
During the interim stage, the court applies principles and tests to determine whether the move aligns with the child's best interests. The court may be reluctant to disrupt the status quo, especially if there's a genuine issue for trial. However, compelling circumstances may justify the move; for instance, if the move financially benefits the family unit or is in the child's best interests in terms of starting school at a new location. Even if there's a genuine issue for trial, the court may permit the move if there's a high probability that the custodial parent's position will prevail at trial. In these mobility cases, both parties must present strong evidence, even at an interim stage.
Expedited Hearings
In cases where relocation needs to be dealt with quickly, expedited hearings can be highly beneficial. Changes to the Family Law Rules in May 2015 have expanded summary judgment rules and provided judges with the ability to weigh evidence, make findings of credibility, and determine some issues without a trial. For instance, the judge might permit relocation but require a trial on the issue of access or the residential schedule for the non-relocating parent. If the relocating parent has a strong case, they might consider bringing a motion for summary judgment or a focused trial, which can significantly shorten the trial and expedite the decision-making process.
Conclusion
In conclusion, child relocation cases in family law are complex and often require quick resolutions. The motive for the move, the legal considerations during the interim stage, and the necessity of expedited hearings are all crucial elements in these cases. It's imperative to present strong evidence and consider the child's best interests, as these factors significantly influence the court's decision. It's also crucial to understand the changing landscape of family law, particularly with the advent of expedited hearings and expanded summary judgment rules.
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