Top Factors California Courts Consider When Deciding Move-Away Order Requests
The California courts look at several substantive factors when deciding whether or not to grant a Move-Away Order Request.
MOVE AWAY ORDER REQUEST WAS IN BAD FAITHIf the non-custodial parent can show that the main reason that the custodial parent wants to move away is simply to reduce the amount of time that the non-custodial parent has with his or her child than the move away order request is said to have been made in "Bad Faith" and will be denied.
MOVE AWAY ORDER WOULD BE DETRIMENTAL TO THE CHILDIn cases of joint physical custody, In order to have a move away order granted, the custodial parent has the burden of proof of showing not only that it is in the child's best interest, but that it would actually be "detrimental" for the child not to be allowed to move. In other words, the custodial parent has the burden of proof to show how it would be bad for the child if the order was not granted and for the child to remain with the non-custodial parent.
SUBSTANTIVE FACTORS THE COURT WILL CONSIDER IN DECIDING A MOVE AWAY ORDER REQUEST1. The reason for the move. 2. The child's interest in their being stability and continuity in the custodial agreement. 3. The Distance of the move. 4. The age of the child. 5. The child's relationship with both parents. 6. The parents relationship with each other and their ability to put the child's best interest before their own. 7. The child's own wishes if the child is mature enough for such an inquiry to be appropriate. 8. The existing custody arrangement. 9. Which parent is likely to continue frequent and continuous contact with the other parent. 10. The child's ties to the community. 11. The child's health. 12. The child's educational needs. 13. The child's circle of friends. 14. Distance and relationship to other siblings and relatives in the current arrangement.