| International Child Relocation Discussed at D.C. Meeting |
Last week in Washington D.C., judges and experts from the United States and 14 other countries came together to discuss an issue that has garnered a lot of attention recently: international child relocations. The meeting was held to discuss how judges should go about determining whether or not a parent can move with a child to a foreign country over the objections of the other parent. Up for consideration is whether it is in the child's best interest to be so far away from his or her other parent, or if it is best for the child to gain worldly experience. But because there are no guidelines or set uniform way of determining these types of relocation cases, rulings are determined on a state-by-state, county-by-county, judge-by-judge basis.
At the conclusion of the meeting, properly named the "International Judicial Conference on Cross-Border Family Relocation," the attendees adopted a declaration to serve as framework that outlines what judges should consider in "cross-border family relocation" cases in effort to standardize how these types of cases are handled.
Some of the recommendations in the "Washington Declaration on International Family Relocation," include:
- Every state should adopt a set of legal procedures to address parents' rights to relocate with a child
- Parents need to inform the other parent of their intent to relocate within a reasonable amount of time
- The child's best interest should be the primary consideration
- Mediation should be used to try and settle this issue, as opposed to litigation. A voluntary settlement relocation agreement can also be used
- All countries are urged to sign both the 1980 and 1996 Hague Conventions
- Other factors all judges should consider include:
- The child' right to maintain a solid relationship with both parents
- The child's opinions and views over the matter (if the child is of a certain age and maturity)
- Existing child custody arrangements
- Schooling, employment, etc.
- Reasons for relocating
- A history of domestic violence or abuse
If you are thinking of relocating, whether to another city in Florida, another state, or another country, it's important to consult an attorney to ensure you go about the legal aspects of a relocation the right way. Furthermore, if your ex is trying to relocate with your children despite your objections, an attorney can help you try and stop the relocation from occurring.
At Ellerin Hutchinson, we have considerable experience helping parents throughout Jacksonville and Northeast Florida with relocation issues. Whether your goal is to get permission to move away with your children, or you are trying to prevent a relocation from occurring, you can depend on a Jacksonville family law attorney at our firm to protect your rights and aggressively advocate your cause. To learn more about how we can help you with a relocation issue, please contact Ellerin Hutchinson today by calling (904) 638-3134! |
|
|
Posted By Ellerin Hutchinson on April 01, 2010 11:30 am | Permalink |