Difference between revisions of "Changing Family Law Orders and Agreements Involving Children"

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Changing Family Law Orders and Agreements Involving Children (view source)

Revision as of 06:53, 1 April 2013

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! Factors Against
! Factors Against
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|#The spouse seeking the move has better job prospects or a guaranteed job at the proposed destination.
#The spouse has a support network of family and friends at the new home.
#There is some benefit at the new home not available at the old home, like better schools or medical programs.
#The spouses have resources available to them which will allow the other spouse to visit the children frequently, like a lot of money or being an employee of an airline.
#The children aren't particularly close to or have no relationship with the spouse who will be staying behind.
#The children are performing poorly in their present setting, and will do better in the new one.
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#the children have lived in their present setting for a significant amount of time and have established roots in their community;
*The spouse seeking the move has better job prospects or a guaranteed job at the proposed destination.
#the move will damage or terminate the other spouse's relationship with the children;
*The spouse has a support network of family and friends at the new home.
#the reason for the move is to alienate the children from the other spouse;
*There is some benefit at the new home not available at the old home, like better schools or medical programs.
#the parent seeking the move has no particular ties to the destination, or the move is proposed solely for that spouse to be in a new relationship; or
*The spouses have resources available to them which will allow the other spouse to visit the children frequently, like a lot of money or being an employee of an airline.
#there is no way to balance the effect of the move with more extended time with the other spouse, such as extended summer access, or access over the whole of the winter holiday.
*The children aren't particularly close to or have no relationship with the spouse who will be staying behind.
*The children are performing poorly in their present setting, and will do better in the new one.
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*The children have lived in their present setting for a significant amount of time and have established roots in their community.
*The move will damage or terminate the other spouse's relationship with the children.
*The reason for the move is to alienate the children from the other spouse.
*The parent seeking the move has no particular ties to the destination, or the move is proposed solely for that spouse to be in a new relationship. or
*There is no way to balance the effect of the move with more extended time with the other spouse, such as extended summer access, or access over the whole of the winter holiday.
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|}
It is almost impossible to predict the result of an application to move under ''Gordon''. Because relocation issues are among the most hotly argued and difficult issues there are in family law, the assistance of a lawyer is highly recommended.
It is almost impossible to predict the result of an application to move under ''Gordon''. Because relocation issues are among the most hotly argued and difficult issues there are in family law, the assistance of a lawyer is highly recommended.
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