Parental Relocation:
Move-Away Cases

A move-away case is a child custody case in which a parent seeks to relocate to another city or state. A relocation can affect child custody and visitation schedules and therefore is usually strongly contested. Move-away cases often require a trial to resolve. Given the complexities of child custody parental relocation cases, among the most hotly contested issues encountered in child custody and family law, it is important that you retain a family law attorney that is knowledgeable in the specific areas of family law surrounding parental move-aways. 



Child custody move-away cases can be used as part of an attempt to alienate the non custodial parent from a child's life. Child custody move-away cases for the purpose of parental alienation are sometimes motivated by a custodial parent's desire for increased child support which comes along with a decrease in visitation time of the non-custodial parent. Conversely, there are a lot of good reasons a custodial parent might want to move away other than frustrating the other parent's relationship with the child, and a custodial parent has a right to move for good faith reasons. 

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Even if there is a child custody order in place and it prohibits the removal of a child from the State of California, a parent can claim "good cause" to remove the child from the state and seek temporary emergency jurisdiction in another state. Some family law attorneys do not know this and do not figure this out until after it happens. Mr. Tabayoyon believes it is easier to prevent this situation than deal with it after it arises. But if your attorney is not experienced in this area and does not know about it until after it happens, they cannot help you prevent it. 

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It is important to make sure the attorney you choose understands the Interstate Child Custody Jurisdiction and Enforcement Act (UCCJEA), Parental Kidnapping Prevention Act (PKPA), Violence Against Women Act (VAWA), Family Code Section 7501(a), In re Marriage of LaMusga (2004) 32 Cal.4th 107, 12 C.R.3d 356, 88 P.3d 81 and how they relate to parental relocation, and can competently and aggressively represent you. Not all family law child custody attorneys are knowledgeable and understand the complex law surrounding interstate child custody move-away cases.

 

In 2015, the Califorina Court of Appeals, Fourth District, Division Three, made an important holding in Andrew V. v. Superior Court of Orange County (2015) 234 Cal.4th 103. Citing Marriage of Segondollar (2006) Cal.4th 1116, the appeals court held that a full adversarial hearing must precede, not follow, any out-of-state move-away order, no matter if it is couched as a temporary order. This case has huge implications for parents who are served a last minute move-away request. Once a temporary order granting the move-away is issued, the court is very unlikely to return the child to Califorina. Many judges and family law practitioners are unaware of this holding, yet this case is vital is preventing a move-away without full due process, and it is likewise vital for an attorney to know about when advising a client about seeking a move away order.



Our office understands the law surrounding child custody move-away cases and has prevailed at trial on this issue. If you are dealing with interstate child custody issues, please contact us.