What is a Move-Away Order?
Raising children in a separate household from the other parent can be complicated. There may be a custody or visitation schedule in place that explains how parenting time is divided and that must be respected. Parents may also need to come together to make important decisions on behalf of their kids, even if the parents are no longer a couple. Unfortunately, the process of co-parenting after separation or divorce becomes even more complicated in situations where one of the parents wants to relocate to another location.
Typically, a parent who is seeking to move to a new area will need to secure a move-away order. This is a court order allowing the child to be relocated. If a parent just leaves without getting the permission of the court and without ensuring the custody order allows for the change, then the parent could face serious legal consequences including charges of parental kidnapping. An experienced Irvine, CA divorce lawyer at Brown & Charbonneau, LLP can represent parents who are seeking a move-away order and can also help parents to fight against such an order if their ex wants to relocate the kids without permission.
What is a Move-Away Order?
A move-away order is a court order that is granted when one parent petitions the court to take a child out of the area. Whether or not such an order will be granted is going to vary depending upon the situation.
Typically, a parent with sole custody will be allowed to relocate with a child. However, if custody is shared or if the other parent has visitation rights, then the situation becomes more complicated. Taking the child out of the area or out of state will impact visitation and the existing custody arrangement will have to be changed. The parent seeking to leave the area will need to petition for a move-away order.
If both parents agree that the relocation is appropriate, they can submit a joint petition. The court should make the requested modifications that the parents are asking for. In many situations, when the custody arrangement is changed under these circumstances, the new custody order will contain provisions ensuring that the child is still able to visit the other parent. For example, the court may order regular phone visits and the child may come back on school vacations to see the other parent in person. The parents can work together to create a parenting plan that will work for the family even after the child has gone to their new home.
If the parents disagree that the move is appropriate, the parent seeking the move-away order will need to convince the court that the new living situation would be in the child’s best interests. The other parent can argue against this and try to convince the court it would not be right for the child to be moved to a new home out of the area.
Brown & Charbonneau, LLP represents clients seeking a move-away order or fighting against one. Call today to schedule a consultation with an experienced Irvine family law attorney to learn more about how we can help if relocation becomes an issue after your separation or divorce.