What is a Move-Away Case?
A move-away case is when one parent decides to move from the current residence to a residence that is such a distance that the current custodial arrangement is not practical. As an example if a party has alternating weekends and the other party decides to move to Hawaii , it is not practical for that type of a commute on an alternating weekend basis.
Family Code § 3024 indicates that if a parent plans to change the residence of the child for more than 30 days, an agreement between the parties or a court order is required. The notice shall be sent to the party affected, or their counsel, 45 days in advance of the proposed change of residence. However, as a practical matter, if a party wants to relocate they should give notice well in advance of the relocation, because the court system may take up to five months before a determination is granted. Some attorneys are under the impression that a 730 Evaluation needs to be commenced in every move-away case. The Law Office of André J. Ausseresses, APC analyzes each move-away case regarding the facts to determine whether or not a 730 evaluation is the appropriate vehicle under those facts.
Case laws regarding move-away cases have been evolving, and it appears at this time that the courts are in agreement on the issues regarding a move-away. One of the main concerns and an important element to analyze is whether or not the move-away is in concert with parental alienation.
Free Initial Consultation
Helping you through divorce, child support, child custody, visitation rights, alimony and more.
Serving all of Orange County, California.
Call: (949) 244-8871
What Our Clients Say About Us
This firm really cared. They gave me personal attention when I was going through my divorce. I found them to be very detailed and kept me informed every step of the way. The took away the edge of what was a trying and stressful time for me. A competent, compassionate, thorough, personal and a professional law firm.
Caring and professional! Wouldn't go anywhere else! I have had a such a GREAT experience working with this team, I had to! Everyone in the office is knowledgeable, professional, kind and quick to respond. It would truly be a mistake to go anywhere else for the services they provide!
They handled my case very well. They scoured through the details and supplied good communication so I always felt informed and clear about my position within the litigation. Each time we meet the staff was very informed and clear on the details of my case and goals for which I hired them.