How does a parent get a relocation order?

The parent seeking to move must cross three important hurdles to persuade the Court to grant the order, namely:- That it is in the best interests of the child to move. It is better for the child that the Court makes the order than not. How the child feels about the move.

Can a parent move away with a child?

Many parents believe that they can move away with a child in their care, without the other parent’s consent.

When to apply to court for relocation of children?

An application to the Court should always be a last resort. It is much better if agreement can be reached between the parents about a move and how contact arrangements after the move are to be managed. There are a number of organisations which can assist parents caught up in the dilemma of relocation and details of these areas undernoted.

Can a court refuse to allow a child to move?

The effect of the refusal to grant permission to relocate on the welfare of the child. The Court has a duty to strike a balance between the risk of unsettlement and disruption to the child and damaging an otherwise close relationship with the parent remaining, against the desire of the parent with care to move.

Can a non moving parent move their child?

Child relocation is a very sensitive issue. The moving parent may have a variety of valid reasons for wanting to relocate with the child. However, the non-moving parent may still be understandably concerned. The non-moving parent can lose parenting time.

When do parents need to relocate their children?

To help keep things clear, lawyers and judges use the term “relocating” to describe only those situations where the relocation rules are triggered and a parent needs to take specific steps in court prior to relocating. A parent is relocating if he or she seeks to relocate the children:

When to move a child from one state to another?

A common mistake for parents seeking child relocation is for the parent who is intending to move to wait until the last minute to move or petition the court for relocation, or to begin the case without representation by an attorney. In some cases, the parent intending to move simply thinks they’ll move and then deal with the consequences later.

Can a non relocating parent sign a relocation agreement?

Agreement: If the non-relocating parent agrees to the relocation, he or she signs the notice, the parents write up an agreement modifying the Parenting Plan to accommodate the relocation and present it all to the judge for approval, and that’s it — you’re done.