MOVE AWAYS

+ Can my spouse move with the children out of state?

It is interesting that prior to the filing of a divorce, there is often no prohibition on one spouse taking a minor child out of state to live. It is not considered “kidnapping” at that point. Once a divorce is filed, however, things change. Almost all states then prohibit the removal of a minor child by one parent without the permission of the other parent or a court order.

- Jerome L. Aaron, Attorney at Law, Massachusetts

+ How easy is it to obtain a court order to move a child out of state permanently?

This is one of the most contentious areas of law at this time, and many states differ in the factors to be considered if “relocation” is requested by one parent. Some states are very lenient and others not so much.

At this time, many states permit a parent to take a child out of state to live permanently if there is a “real advantage” to the parent desiring the move. This is a rather lenient standard. Having employment in the proposed destination state can be good enough to warrant a favorable court order even if the relationship of the left-behind parent and the child is harmed.

In some of those states, the relocation is much more difficult if the parent to be left behind has “joint physical custody.” In that case, the Court will likely weigh much more heavily the relationship between the child and the person proposed to be the “left-behind”

In some states like Massachusetts, even a proposed move to a distant destination within the state is subject to obtaining a court order.

In most states, if there is a successful relocation petition, the Court will hear arguments as to how the parenting plan should be changed to accommodate the relationship between the left-behind parent and the child. For example, a request by the left-behind parent for the entire summer with a child plus many major holidays and school recesses where the child is moving from the east coast to Colorado might be deemed reasonable.

- Jerome L. Aaron, Attorney at Law, Massachusetts

+ What if my spouse intends to take our child out of the country illegally?

If you are in the middle of a divorce proceeding and you suspect that your spouse may flee with your child, you can ask not only that the court assist you, but you can contact the State Department. There is a program through which children can be put on a no-fly list. The forms are available online at the State Department website. If the parent does flee with your child, forcing the parent to return is usually accomplished via the “The Hague Convention on the Civil Aspects of International Child Abduction.” This is an international agreement by which many countries have promised cooperation in finding and returning abducted children. It is very cumbersome and usually results in lengthy and expensive legal proceedings, however. Some countries have not signed it and recovering children from those countries is even more difficult. The best course if you suspect that your spouse may flee with your child is therefore to take pre-emptive action.

- - Jerome L. Aaron, Attorney at Law, Massachusetts