Typically, when I write a Memorandum of Understanding between divorcing parents, language is included that states, "in the event either parent wants to move more than 50 miles from their current home address, he or she shall first obtain the consent of the other parent and such consent shall not be unreasonably withheld. If they cannot reach a mutual understanding regarding a parent's relocation, the Parties shall first attempt alternative dispute resolutions before seeking permission from a court to relocate."
But, what happens if parties do go to court?
In this excellent article, Joshua Katz writes that relocation is a difficult issue for family law practitioners. These cases are fact-intensive, and decisions are never easy. The courts are careful about allowing a custodial parent to relocate with a child because it interferes with relationships and the non-custodial parent’s access rights.