It follows that the reasons for one of the joint custodial parents wanting to move, or the reason for the other joint custodial
parent opposing the move, would be very relevant to determining whether the children's needs can be met by only one of the parents.
Whether you are the parent wishing to make the move or
the parent opposing the move, early legal advice is essential.
Parents planning a move are generally confident their reasons are good ones;
parents opposing a move are usually equally certain they are not.
(Under the earlier approach of Colorado case law, the parent seeking to relocate was required to show a sensible reason for the move, but then the burden of proof shifted to
the parent opposing the move.)
The parent opposing the move has to put some credible evidence in front of the judge which shows that the proposed move is not in good faith, or that the move is against the best interests of the children.
It should be stressed that if
the parent opposing the move fails to place sufficient evidence in front of the judge to warrant a hearing, the move will be approved without a full - blown Baures hearing.
If
the parent opposing the move has put sufficient evidence in front of the the judge a hearing will be scheduled at which the following 12 factors will be analyzed.
Not exact matches
One signer is quoted on the petition as saying, «I am so
opposed to this
move that I will most definitely pull my daughter from the school if they do
move to Olympic or if any other decision like this is made without
parent input or timely warning.»
Parents and others who
opposed the
move gained a school board majority in the May 2017 elections and tried to reverse the shift in July.
But the
move has been
opposed by teachers» unions, including the NUT and the ATL, who have organised protests on Wednesday for teachers and
parents.
The
move follows years of pressure from teachers,
parents and educationalists
opposed to putting young pupils through high stakes national Sats tests.
The
move was
opposed by the local MP and some
parents.
In an unexpected
move, Democrats have revised the K - 12 education section of their party's 2016 platform in important ways, backing the right of
parents to opt their children out of high - stakes standardized tests, qualifying support for charter schools, and
opposing using test scores for high - stakes purposes to evaluate teachers and students.
During the course of the discussion, the Hartford Board of Education chairman read letters from Clark
Parents in favor of the move to give Friendship their school but failed to read letters from parents who opposed the give - a-way p
Parents in favor of the
move to give Friendship their school but failed to read letters from
parents who opposed the give - a-way p
parents who
opposed the give - a-way program.
Whether you are a
parent looking to relocate your child to another city or state, or you
oppose the intended relocation of your child, it is essential that you contact a seasoned, knowledgeable Los Angeles
move - away attorney immediately to ensure all necessary issues are addressed, and to bring you the best possible outcome for your case.
Whether you are seeking to
move out of the area with your child or are a
parent who
opposes such a
move, it is important to ensure the protection of your parental rights.
The factors to be considered include: each
parent's reasons for seeking or
opposing the
move, the quality of the relationships between the child and the custodial and noncustodial
parents, the impact of the
move on the quantity and quality of the child's future contact with the noncustodial
parent, the degree to which the custodial
parent's and child's life may be enhanced economically, emotionally and educationally by the
move, and the feasibility of preserving the relationship between the noncustodial
parent and child through suitable visitation arrangements.
Curiously, the FLA does not also require the court to consider the other
parent's reasons for
opposing the
move.»
If the
moving parent wants to relocate with the child and the other
parent opposes the petition to do so, the court must decide whether to allow the child's relocation.
These factors include the reason for the
move, any reasons the non-custodial
parent opposes relocation, and the effect relocation will have on visitation.
If the other
parent opposes the child's
move and court approval is required, the
parent who wishes to change the child's residence must file a motion with the Michigan state courts.
In practice, in order to
oppose relocation, the noncustodial
parent must demonstrate that the
move is not in good faith and not in the best interest of the child.
What is the past history of dealings between both
parents in regard to the reasons put forward by each for either supporting or
opposing the
move?
If a
parent plans to relocate with the child, both
parents should understand the steps for requesting and
opposing a potential
move.
In general, the mother requesting to
move has the burden of proof if the other
parent opposes the relocation.
If the mother meets the burden of proof required by law, the
opposing parent must show that the
move does not reflect the child's best interests.
These factors are: (1) the potential advantages of the proposed
move and likelihood the relocation will substantially improve the life of the custodial
parent and child as well as whether the
move is the result of a momentary whim by the custodial
parent; (2) the integrity of both
parents» motives - for the
move and
opposing the
move; and (3) whether there are alternative custody or visitation arrangements that can be made that will foster an ongoing relationship between the child and noncustodial
parent.
Additionally, our Supreme Court noted Pennsylvania courts require the following considerations in relocation cases: (1) the economic and other potential advantages of the
move; (2) the likelihood the
move would substantially improve the quality of life for the custodial
parent and the children and is not the result of a whim of the custodial
parent; (3) the motives behind the
parent's reasons for seeking or
opposing the
move; and (4) the availability of a realistic substitute visitation arrangement that will adequately foster an ongoing relationship between the non-custodial
parent and the children.
If the
parent seeking to relocate can satisfy the court that their
move is in good faith, and that the
move is not against their child's best interests, the burden of proof to halt the
move swings to the
parent who is
opposing the
move.
For example, our Supreme Court stated the New York Court of Appeals looks at (1) each
parent's reason for seeking or
opposing the relocation; (2) the relationship between the children and each
parent; (3) the impact of the relocation on the quality of the children's future contact with the non-custodial
parent; (4) the economic, emotional, and educational enhancements of the
move; and (5) the feasibility of preserving the children's relationship with the non-custodial
parent through visitation arrangements.