Relocation is a common occurrence in our fast-paced society. People move from one place to another for job prospects, a change in lifestyle, or a better standard of living for various reasons. However, what happens when a parent decides to relocate with their children after a divorce or separation? What are the legal implications? In family law, relocation is a contentious issue that requires careful consideration and knowledge of the law.
#1: The Importance of Seeking Legal Advice.
If you’re a parent considering relocating with your children, seeking legal advice from a family lawyer is crucial. This is especially important if your ex-partner opposes your decision to relocate. A family lawyer will help you understand the legal implications of relocation, including whether you need to get consent from your ex-partner or the family court. They will also advise on the steps you must take to ensure the relocation process is as smooth as possible.
#2: The Legal Requirements of Relocation.
Before relocating, there are legal requirements that must be met. In Australia, if one parent is moving more than 100 km away from their existing location, they need to get consent from the other parent. If the other parent doesn’t agree to the relocation, an application must be made to the family court. The court will consider various factors, including the child's best interests, before making a decision.
#3: The Impact of Relocation on Parenting Arrangements.
Relocating a child can significantly impact parenting arrangements, particularly if the relocation involves a substantial distance. It may mean that the non-custodial parent’s contact time with the child must be adjusted, or a new parenting arrangement needs to be negotiated. The family court may also impose conditions on the relocation, such as a requirement for regular contact between the child and the non-relocating parent.
#4: The Role of the Child in Relocation Cases.
When assessing a relocation application, the family court will consider the child's views. The child’s age, maturity, and ability to express their views will be considered. It’s important to note that the child's views are just one factor the court will consider. The court’s primary focus is on the child’s best interests.
#5: The Importance of Communication.
Effective communication between parents is crucial when it comes to relocation. If you’re considering relocating with your child, discussing this with your ex-partner as early as possible is essential. This will provide an opportunity to negotiate a new parenting arrangement that is in the child's best interests. It’s also necessary to inform your ex-partner about the relocation process and allow them to contact the child where possible.
Family Law Attorneys in San Bernardino
If you’re considering relocating with your child after a divorce or separation, seek the advice of our experienced family lawyers at Law Office of Michael R. Young, who can guide you through the legal implications. Contact us today at (909) 315-4588 to learn more.