Post Divorce Relocation

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When the custodial parent plans to relocate, it is essential that certain aspects are considered before the relocation. It is essential to get permission from the court before post divorce relocation. Some of the reasons due to which post divorce relocation may take place are as follows:

  • Involuntary transfer
  • Cannot find suitable location in the neighborhood
  • Economic advantage in a new area
  • Desire for better standard of living
  • Getting higher salaried employment
  • Post divorce trauma leading to lack of mental well-being or unpleasant psychological associations
  • Desire to spend more time with child due to a change of job
  • Remarriage
  • Moving to ancestral residence
  • Moving to regions of consanguine family
Role of court in post divorce relocation

The court takes into account the following factors and concludes if relocation is beneficial or otherwise for the children.

  • The reasons stated for moving to a new place
  • The reasons that oppose moving to a new location
  • Does the child have any special talents or requirements that need accommodation? Does the new location have any such accommodation or its equivalent?
  • Will the child get leisure, health, and educational chances after relocation that are equivalent to that of the old residence?
  • How does the past record of dealings between the parents have an impact on the reasons given by both regarding endorsing and opposing the relocation?
  • If the child is of sufficient age to make a preference, then what is the preference of the child?
  • The impact of the move on extended family relationships
  • If the shifting is permitted by the court, is there any possibility that the custodial parent would continue to promote the relationship of the child with the non-custodial parent?
  • After moving to the new place, is it possible to develop a visitation and communications schedule that would facilitate the non custodial parent to experience a complete and continuous relationship with the child?
  • After relocation of the custodial parent, is it also possible that the non-custodial parent could relocate nearby?
  • Let us consider that at the juncture of relocation, the child is entering the senior year in high school. In such circumstances, generally the child should not be moved till he or she completes graduation in the absence of his or her approval
  • Any other issues that impact the best interest of the child
Preparatory steps will help you to seek relocation:

As you need to seek permission from the court with reference to relocation. It is essential that you provide all the required documents that you may need to submit in the court. Verbal details would not be accepted by the court, it is essential to provide written proof to the court. It is important that you provide the entire documents that prove that the relocation is in the best interest of the child or children. The details that the parent needs to collect are as follows:

  • Health: If due to relocation the child is going to get any health benefit, then details about it should be mentioned in the court. The child needs medical treatment that is best available in the new place where the custodial parent is relocating to.
  • School: It is essential that the education of the child does not get affected due to the relocation of the parent. It important to submit documents related to schools in the locality where the custodial parent desires to relocate to. If one is able to get documents from the school related to future admission of the child or the facilities that the school provides, then these details should be provided in the court.
Post Divorce Relocation Analysis

The issue with highest priority regarding this topic is what the current custodial plan between the parents is or what it should be. If there is no finalization regarding the custody issue, the court is expected to resolve the issue of custody first and then consider the relocation request.

However, if the court has entered a final judgment regarding custody in the past or the parents have reached a final agreement regarding this topic, the court needs to treat this agreement as a starting point for analysis of relocation.

The core of the debate regarding relocation comprises two issues stated as follows:

  • The right of each parent post divorce or post separation to move freely in the Nation
  • The protection of the relationship between the child and the parent
During post divorce relocation, the custodial parent needs to take precautionary measures to safeguard the future of the child or children and take permission from the court regarding the relocation.

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