What happens if a court denies a request to relocate?
If the custodial parent decides to move with the children despite the courts denial of the request to relocate, then the custodial parent is in violation of the court order. The non-custodial parent may then ask the court to hold the custodial parent in contempt, order the return of the children, and grant custody to the non-custodial parent. If the custodial parent decides to move anyway, but without the children, the court may issue an order granting custodial rights to the original non-custodial parent, and parenting time to the other parent. In either of these scenarios, the law requires the court to base its decision on the best interest of the children. If the custodial parent decides not to relocate, the prior court order regarding parenting time will continue to be in force.
