The Truth - the Winning Argument for Your Case

19 May. 2017

What Are "Move-Away" Orders?

Posted By The Buncher Law Corporation

Child custody and visitation cases can be some of the most challenging and contentious matters when it comes to family law. This is especially true when one parent wishes to relocate to another city, state, or country and bring their child or children with them. Known as “move-away” cases, these proceedings present a number of unique challenges for both custodial and non-custodial parents. With the assistance of an experienced attorney, however, parties dealing with a move-away order can find the support and representation they need to effectively protect their rights and interests.

Having helped families across Orange County navigate the complexities of family law, our legal team at The Buncher Law Corporation understands the factors involved in move-away orders and the various issues considered by the court during a parental relocation. By leveraging our experience and insight, we are able to help custodial parents demonstrate why a move-away order should be granted, and assist non-custodial parents in protecting their right to remain involved in their children’s lives.

Here are a few important facts about move-away orders in California:

  • Distance – A move-away order stems from the custodial parent’s request to relocate with their child or children to a new geographic area. This destination could be a nearby city, a different state, or even a different country halfway across the world. Move-aways involving shorter distances between custodial and non-custodial parents may present some challenges with a non-custodial parent’s involvement in day-to-day activities involving their children, but these challenges are not as extensive as those posed by relocation to cities or states hours away. When longer distances are involved, there is greater disruption in the relationship between children and the non-custodial parent, as well as disruption in a child’s quality of life.
  • Agreements – Parents who are able to work together amicably to devise a parental agreement regarding custody and visitation rights can do so without having a judge decide for them. These agreements can outline plans for changes in parental timesharing, as well as the rights of non-custodial parents during holidays, special events, and vacations. Though made out of the courtroom, these agreements should still be drafted and reviewed with the assistance of a lawyer to ensure your rights are protected. They also ought to be signed by the judge to cause them to become binding court orders.
  • The Court – In the event that parents are not able to reach an agreement out of court, or when a non-custodial parent wishes to oppose a move-away, enlisting the help of a lawyer should be a priority. At The Buncher Law Corporation, our attorneys can assist in immediately obtaining temporary orders to prevent the move-away until a final determination is made by the court. We can also help our clients protect their rights and interests. For custodial parents, this involves demonstrating why a move-away order should be granted and how they will continue to provide a stable home. For non-custodial parents, this may involve arguments as to why the move-away is not in a child’s best interest, particularly if they have a strong bond with their non-custodial parent, a nearby family support system, local friends, and more. It may also be argued that the move is being made in bad faith, such as to prevent a non-custodial parent from being involved in their child’s or children’s lives.
  • The Children – As in any family law matter involving children, courts will always focus on what is best for the children. This means that when courts are tasked with deciding whether a custodial parent should be allowed to relocate with their child, they will review a number of factors to determine if the move is in the child’s best interests. These factors may include the distance of the move, the current custody and visitation arrangement, the child’s relationship with both parents, their age and preference (if they are old enough), how they will adjust to a new home and environment, and other considerations.

With California being one of the most diverse states in the country, move-away cases are not uncommon. Over the years, our Orange County child custody lawyers have handled many move-away cases on behalf of both custodial and non-custodial parents. This experience enables us to take the unique facts of a case and evaluate them in accordance to the law and how California courts typically handle these matters. During such important and often challenging legal endeavors, this insight can prove invaluable to helping parents effectively protect their rights and relationships with their children.

To discuss a parental relocation case and move-away orders with an attorney from The Buncher Law Corporation, contact us for an initial consultation.

Blog Home

Helpful Family Law Resources

Family law can be complex, but there are plenty of resources available to assist you. Browse through the various resources our team provides to help simplify your legal process in every way possible.

We Have the Answers You Need