| When a custodial parent in a child custody proceeding | | | | words, if the move away is good for the custodial |
| requests a move away order from the court allowing | | | | parent, then the move away is presumed to |
| him/her to move away a significant distance such | | | | automatically be good for the children. As a result of |
| that it would interfere with the noncustodial | | | | such a high burden being placed on the noncustodial |
| parent’s visitation and his/her contact with the | | | | parent to prevent the move away, affecting a move |
| children, this is commonly referred to as a move | | | | away case has become the perfect battleground for |
| away case. A move away case is one of the most | | | | some custodial parents to alienate the noncustodial |
| difficult cases for the family courts to hear because | | | | parent from his/her children. |
| the request by the custodial parent to move away | | | | In other jurisdictions, the statutory language and case |
| with his/her children often has a negative impact on | | | | law pertaining to move away cases may be more |
| the amount of time and frequent and continuous | | | | restrictive and a higher burden is placed on the |
| contact the children will have with the noncustodial | | | | custodial parent seeking a move away order to |
| parent. Some jurisdictions are permissive in how they | | | | demonstrate that the move away is in good-faith, |
| rule on move away cases and other jurisdictions are | | | | necessary, expedient to the welfare of the children, |
| more restrictive. | | | | and/or in the best interest of the children. In such |
| States in which the statutory language and case law | | | | states, rulings regarding move away cases may result |
| pertaining to move away cases is more permissive | | | | in more restrictive move away decisions. |
| may result in having more permissive rulings on move | | | | Overall, move away cases often have an all or |
| away cases. In such states, there may be a strong | | | | nothing feel to them, especially for the noncustodial |
| presumption that the parent that has primary physical | | | | or left-behind parent. A move away case can change |
| custody of the children has the right to move away | | | | a child’s relationship with the left behind parent |
| with the children and the burden to prevent the | | | | and it may never be the same as a result of a move |
| move away rests squarely on the noncustodial | | | | away. A move away case is not about whether or |
| parent to make a showing that the move away is | | | | not the parent can move away, it is about whether |
| done in bad-faith or the move away would be | | | | or not the parent can move away with his/her |
| detrimental to the welfare of the children. Further, | | | | children. If you are seeking a move away order or |
| states that are more permissive in how they rule on | | | | trying to prevent a move away order you would be |
| move away cases may not require the custodial | | | | wise to consult an attorney to find out if your |
| parent to show that the move is expedient to the | | | | jurisdiction is more permissive or restrictive in how |
| child’s welfare or even necessary. In other | | | | they rule on move away cases. |