Recent Posts in Relocation Category
| May 25, 2010 |
| Parental Relocation |
| Posted By DeeAn Gillespie |
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Relocation of a custodial parent is affecting more and more Arizona families. This it becomes especially complicated when the relocation takes the parent and child out of the state or out of the country.
Interstate and International Moves
Whatever the reason is for a parent and their child to relocate - a new job, resuming one's education, remarrying or other circumstances - relocating a custodial child to another state or country without first obtaining court approval would commonly be a violation of their custody agreement.
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Innovative Solutions for a Long Distance Family
At Gillespie, Shields & Durrant, you'll find an experienced team of advocates who understand the effects and ramifications that divorce and relocation can have on a family, especially children. The breadth of our experience as well as our intimate familiarity with the nuances of the law enable us to safeguard our clients' interests and ensure the children involved benefit from the best arrangements possible.
As your advocates, we will identify and evaluate the most likely scenarios and devise a strategy to help you accomplish your goals and objectives. While flexibility and compromise are often an important components in negotiations, acceptable outcomes may involve children seeing the non-custodial parent less frequently for longer periods of time, or requesting that the relocating parent be responsible for the cost of transporting the child back and forth for regularly scheduled visits.
International Child Custody Laws
Gillespie, Shields & Durrant is familiar with and well versed in all the intricacies of the 1980 Hague Convention laws pertaining to international child custody matters. We explain how they impact you and help you understand how they affect your particular situation. If you are concerned about a child being taken from a court-appointed home to a foreign country, please contact us to discuss your legal rights and the protections afforded you under the laws set forth in the Hague Convention.
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| May 02, 2010 |
| Arizona's Relocation Statute |
| Posted By Mark Shields |
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About a year ago, I handled an appeal for a custody case where one parent lived here in Arizona, and the other parent lived on the east coast. In that case, an issue came up about Arizona's relocation statute and how or if it applied to the case. The statute says that if both parties live in Arizona and if both parties have visitation rights either through a court order or through a written agreement, then the party seeking to move outside of Arizona (or more than 100 miles away) needs to give the other parent written notice at least 30 days before the move. That notice is designed to give the other parent time to file something to ask the court to prevent the relocation.
Well, it seemed obvious enough to me at the time that the statute didn't apply to that particular case because only one party lived in Arizona. I barely mentioned the issue in my brief and oral argument on the case because it seemed clear as could be to me.
The funny thing is, the Court of Appeals ended up seeing the issue as so important that they made a reported decision out of the case just to say what I thought was incredibly obvious: The statute didn't apply because only one of the parents lived in Arizona.
Why is that funny? Well, in the short time since the Court of Appeals issued that reported case for all of Arizona to follow, I've had two and now three cases where the exact issue has come up again. In those first two cases (the third one hasn't gotten to court yet), we were able to get the action to prevent the relocation dismissed just by citing this case. I have to admit, it's kind of a cool feeling being able to cite your own case to a Superior Court judge, but it's a far cooler feeling to win. |
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