Moving and childcare
Did you know that one parent can request a custody review if the other parent wishes to move abroad?
Lina and Felipe separated ten years ago.
At the time of their separation, a judge awarded custody of the children to Lina.
However, Felipe was always present in the children’s lives.
In fact, Felipe was granted access rights from Friday to Monday, every two weeks.
Now aged nine and eleven, the children, who attend school in Lina’s neighborhood, are considered model pupils by their teachers.
A year ago, Lina met Allan and fell madly in love with him.
Since then, not only has he moved in with Lina, but the children have also become infatuated with their mother’s new boyfriend.
Recently, Allan, who is an engineer, was offered a position in the United States, in Chicago.
The engineering firm he works for intends to open an office there, and wants Felipe to take charge of the project.
Lina, who is a nurse, wants to follow her boyfriend.
She sees it as an enriching experience for the children, who will also benefit from the English immersion.
Of course, Felipe is strongly opposed to the move, as it will prevent him from seeing his children.
Did you know that one parent can apply for a review of child custody if the other parent wishes to move abroad?
Felipe can apply to the court for custody of the children.
Since this is a significant change, the Court will have to consider the reasons for the move, the children’s living environment, the children’s attachment to the parents and, in some cases, the children’s wishes.
Felipe may object to the move on one or more of the following grounds: (1) the move was made on a whim, without regard to the best interests of the children; (2) the purpose of the move was to get rid of the other parent; (3) the children are well established in their home environment and are attached to both parents; and/or (4) the children do not want to move and the non-custodial parent is capable of taking custody.
For her part, Lina may argue that she represents the dominant figure for the children and, above all, that the move is not intended to take the children away from the father.
In all cases, the judge’s decision must take into account the best interests of the children.
If you face such a situation and need further advice, you should consult a lawyer.
