One of the most stressing and difficult family law issues is the relocation of children. Relocation refers to the act made by a parent of removing or altering the child’s living environment away from the other parent.
Family Law amendments strictly require parents to agree on the custody and living arrangement of their children which includes shared parental responsibility regarding issues which greatly affects the child. These matters include the change of living arrangements which will definitely deny one of the parents the right to spend time with his or her child.
This usually happens when one of the parents wishes to marry another who lives far and taking the child with them. In this juncture, the parent who wishes to reallocate the child has to sit down and talk with the other parent and to seek the latter’s consent. Both parents can make arrangements as to shared custody rights over the child.
There are a number of factors to be considered by the court in order to allow a parent to move with away with a child. These are as follows:
The kind of relationship that the child has with each of his parents. A child which enjoys a loving relationship with both parents could be devastated. Thus, a careful scrutiny of the child’s present relationships must be done by the court
The changes that the move may cause to the child must also be studied Other matters such as the amount of time to be spent with each parent, communication, financial circumstances of both parents in order to afford the child’s travel, with a companion, from one parent to another, relationship of the child with new siblings.
The court is expected to consider all proposals made by both parents which must include the parents’ willingness to finance and facilitate such shared custody arrangements. The court may likewise propose for one of the parent to move in a new location or to move in a place nearer to the domicile of the child.
It is also a must that the parents discuss this matter extensively for the welfare of the child. Both parents must agree to play and maintain a significant role in the child’s life. These agreements must be legitimized by a Consent Order to be issued by the Family Court.
If the parents were not able to arrive at a sound agreement, then no one may move away the child. Otherwise, the aggrieved party may seek the remedies allowed by law to facilitate the safe return of the child.