Relocation Cases

During the break up of a marriage, one of the parents make seek to move out away from the current marital residence. The distance of the particular move can impact the visitation/parenting time of the other parent. In these cases, the parent who seeks to move may need to make application to the court to relocate.

The consent of the other parent and the distance of the move generally will determine if court intervention is required. In some matrimonial agreements, the Husband and the Wife agree to a “radius clause” which dictates how many miles from the current home of the children a parent must remain in.

If a parent is considering a relocation and will be bringing the child(ren) with him/her, the matter must be addressed during the matrimonial case or separation case so that a resolution and, if necessary, court order is obtained. If a parent leaves the jurisdiction of the court, without the consent of the other parent, the parent who left with the children may be forced to return the children and lose custody.