When a marriage ends, spouses divide their property and their parental responsibilities. Many divorces in California that involve minor children end with both spouses living relatively close to one another to simplify regular custody exchanges.
However, new relationships, exciting job opportunities or existing family connections abroad may inspire one parent to consider moving out of California and the United States entirely. Relocations are often complicated matters, as they generally require a post-decree custody modification.
In scenarios involving a relocation out of this country, advance planning is necessary to avoid legal complications that could include an inability to travel abroad or the return of one’s children to the United States.
Prior consent is mandatory
Some parents relocating when they share custody have the option of moving without discussing the matter with their co-parent. The move is close enough to their existing residence or the home of the co-parent to ensure that the new housing arrangement does not interfere with custody exchanges.
In many cases, parents require pre-approval when moving far enough away to disrupt the parenting schedule or out of the state of California. Prior permission is absolutely required in cases where the relocation takes the parent and the minor children out of the United States.
Occasionally, a co-parent may consent to an international relocation. If they recognize that it is likely to be beneficial for the children, they might agree to take them for the entirety of summer break every year, for example. Parents can always cooperate with one another to adjust their custody order when one of them must relocate while the children are still minors.
If there is a dispute about the necessity of the move or how to adjust custody to ensure that the children can still maintain a bond with the other parent, then the matter may require litigation. A family law judge can theoretically approve an international relocation and modify a custody order to include regular travel back to the United States and even virtual visitation to facilitate regular communication between the children and the parent still located in California.
Failing to follow the right procedures could result in claims of an international parental kidnapping and the invocation of the Hague Convention. Taking the right steps to modify a custody order is of the utmost importance for parents who want to relocate, especially if the plan is to leave the country. An attorney can help parents planning a move to ensure that they follow the appropriate procedure to secure the consent they need.