What should you know about relocation requests?

On Behalf of Denis M. Gravel & Associates P.C.   |   Feb 15, 2023   |   Family Law

Relocation may become a requirement or at least a very strong suggestion at some point after your divorce.

However, you must petition the court if you wish to relocate. This is because you will have to modify your divorce agreement if you move. How do you know if the court will approve your request?

What the court will consider

Child Mind Institute talks about tips for moving with children. First and foremost, a court will always prioritize the best interest of the child before all else. Factors that the court may consider when reviewing this decision may include, but are not necessarily limited to:

  • How far away the move is
  • The child’s relationship with both parents
  • Potential plans for a revised parenting schedule
  • The financial impact of the move
  • If there are alternatives to a move
  • If and how the child’s development would change due to the move

What you must submit

If you intend to move with your child, you will need to submit a relocation plan. This includes advising the other parent of your relocation immediately, as well as providing the court with details about the move. Details may include the location, school(s), community and activities that your child will eventually get involved with. Also include travel plans showing how your child can spend time with your co-parent.

It is not uncommon for the court to initially turn down a relocation request. After that, the burden of proof rests on you to show that the move itself has merit. You must provide evidence of this claim, as well.