What if a party removes or intends to remove a child who is subject to a custody Order from the jurisdiction?
Before an individual may remove a child from his or her jurisdiction, that person needs to obtain the consent of the other parent or by obtaining Court approval. In order to obtain Court approval, that parent must file a relocation petition and prove several factors such as whether the move will be in the best interest of the child, whether that party is moving simply to deny access of the child to the other party and whether or not reasonable alternate custody can be given to the non-relocating party. If an individual relocates without the other parents consent or Court approval, that party risks the court denying the relocation or making the child return to the jurisdiction pending a full hearing on the matter which could take several months. This can be extremely burdensome on the party who has relocated since they may have already secured a new residence or enrolled the child in a new school.
