In family law, a "move away" refers to a situation where one parent wishes to relocate with their child to a location that is a significant distance away from the other parent. When a parent seeks to move away with their child, the court will consider a number of factors in order to determine whether the move is in the best interests of the child. Here are some of the factors that are typically considered:
The reason for the proposed move: The court will consider the reason for the move, such as a job opportunity or a desire to be closer to family. If the reason for the move is legitimate and not just an attempt to interfere with the other parent's relationship with the child, it may be viewed more favorably.
The impact on the child's relationship with the non-custodial parent: The court will consider the impact that the move would have on the child's relationship with the non-custodial parent. If the move would significantly interfere with the non-custodial parent's ability to maintain a relationship with the child, it may not be in the child's best interests.
The child's age and developmental stage: The court will consider the child's age and developmental stage, as well as their relationship with each parent. Younger children may be more vulnerable to the disruption caused by a move, while older children may have established social and academic connections that would be difficult to leave behind.
The child's preferences: The court may consider the child's preferences, if they are mature enough to express a preference. However, the child's preferences are not the only factor considered, and the court will make a decision based on the child's best interests.
The impact on the child's education and social life: The court will consider the impact that the move would have on the child's education and social life. This may include factors such as the quality of schools in the new location, the availability of extracurricular activities, and the child's relationship with friends and extended family members.
The ability of the non-custodial parent to relocate: The court may consider the ability of the non-custodial parent to relocate in order to maintain a relationship with the child. If the non-custodial parent is willing and able to relocate, this may be viewed more favorably than if the move would leave the non-custodial parent with limited opportunities to visit the child.
These are just some of the factors that may be considered in a move away case. The court will make a decision based on the specific circumstances of each case, with the goal of ensuring that the child's best interests are protected.