Yes, if you disagree with the court’s decision in a move-away case, you may have the right to appeal the decision within a specific timeframe. Consulting with an appellate attorney is recommended in such cases.

In certain situations, the court can issue a temporary restraining order to prevent the move-away until a hearing can be held to determine the appropriate custody and visitation arrangement or if the move-away parent is allowed to move with the child(ren).

In a move-away case, you should provide evidence that supports your position, such as information about the child’s school, community ties, friends, the proposed parenting plan, the reason for the move, why and how the child’s move will interfere with the parent-child relationship, alternative transportation options, a change in job relocation, and the impact on […]Continue reading

In some cases, the court may grant a move-away request without a hearing if both parents agree to the relocation and other conditions and the court determines it is in the child’s best interests.

If the parents cannot agree to the move-away request, the court will schedule a hearing to listen to both parties’ testimony, witness testimony, the testimony from mental health professionals, testimony from a custody evaluator (if ordered by the court) and arguments of counsel, and make a decision based on the best interests of the child.

Yes, parents can attempt to resolve a move-away case through mediation, where a neutral mediator helps facilitate negotiations and reach an agreement that is acceptable to both parents.

The “best interests of the child” standard is the guiding principle in California family law that prioritizes the child’s health, welfare, well-being and safety when making decisions about custody and visitation.

In a move-away case, the court considers several factors, including the child’s best interests, the reasons for the move, the impact on the child’s relationship with the nonmoving parent, and the availability of alternative visitation arrangements.

A non-custodial parent can seek a court order to prevent the custodial parent from moving away with the child if it would substantially affect their relationship with the child and the best interests of the minor child(ren) supports such a request.