Skilled And Personalized Family Law Services

When an ex-spouse wants to move overseas with your child

by | Apr 11, 2018 | Firm News, Relocation |

After you have divorced or separated from your spouse, there are likely to be many changes to your life situations. However, if you both have shared custody of your child, it is important that you build a strong co-parenting relationship.

However, you are both going to inevitably move on and have new ambitions. Because of this, it is quite common for one parent to decide that he or she would like to move overseas. In the event that the parent is the primary custodian, this will likely mean that he or she will intend to take your child overseas. It is likely that you will have your objections to this. The good news is that you can bring this issue to the courts and argue your side.

How the courts decide whether a child can move overseas

When one parent wants to relocate overseas with his or her child, but the other parent objects, the issue can be brought before the child custody courts. The courts will make a thorough assessment and make a decision based on what they consider to be in the best interests of the child.

Specific considerations will include the distance of the move and the likely effect that it will have on the child’s relationship with both parents, the reason for and necessity of the move and the child’s age at the time of the move.

It is possible to successfully argue that the child’s relocation overseas would not be in his or her best interests. It is a good idea to take action immediately to fight for your custody rights.

Source: Huffington Post, “In the Child’s Best Interest: What It Means in Move-Away Cases,” accessed April 11, 2018