Moving After Divorce: Things To Keep In Mind

Posted on: 30 July 2014

Divorce brings many changes to your life.  When you are a parent, you may be surprised to find it can also determine where you are able to live or limit the area you can relocate to.  Cooperative parenting is always best for your children, but at times you may find yourself at an impasse with your ex-spouse.

When you find yourself facing an angry ex spouse who isn't on board with your upcoming move, you may find yourself facing off in court and letting a judge decide if the move is going to happen or not.  If this is the case, there are certain things you want to keep in mind.

Is the Move Going to Benefit Your Children  

The court is going to evaluate if the requested move is in the best interest of the children.  They will need to weigh whether leaving their current home, school, friends and support system will have an overly negative effect against what they will gain at their new residence.

Consideration will be given if you are moving due to a job requirement, or if the move will result in an improvement to your financial situation.

Moving to be near family if you have no support in your current area or to improve living and educational conditions for your children will also be part of the equation. 

It is best to have clear documentation concerning housing, schools, social supports and other pertinent information to present to the court in order to clearly explain the reason you are seeking permission to move.

How Will the Other Parent's Relationship be Affected

If your children have a engaging and positive relationship with the non-custodial parent, the court may look at a move as a detriment to your children if the move is going to prevent the continuation of such a relationship.

Working with the other parent to make accommodations to current visitation, such as longer periods of parenting time during school holidays or extended weekends can help show the court that you truly are working at the best compromise possible.

If you are planning a move out of the country, it will add another layer of complexity to the proceedings and will require a deeper investigation by the courts to ensure that it will have a positive impact on your children.

How Will Transportation be Divided

If your move is just to a nearby neighborhood or neighboring town, transportation responsibilities can be easily divided between both parents. 

When the move is further afield consideration needs to be taken to ensure that plans are in place covering the type of transportation to be used and who will be actively providing or funding it.  

Divorce and custody issues are stressful, and can cause even the most civil of relationships to fall apart.  It is important to remember that in most cases, both parents believe that they know what is best for their children, even when it is at the opposite ends of the spectrum. 

When you cannot come to a compromise it is best to gain guidance from a family law expert who can guide you in the intricacies of laws governing child custody. 


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