Things the court should consider when one parent wants to move away from home

Posted on November 20, 2012. Filed under: Child Custody and Visitation, Divorce | Tags: , , , , |

By GeorgiaLee Lang http://lawdiva.wordpress.com/2012/11/11/no-au-revoir-for-halle-berry/

Oscar-winning actress Halle Berry will not be allowed to move permanently to France with her four-year-old daughter Nahla Ariela Aubry, a ruling made on Friday by a California judge. Nahla’s father, Gabriel Aubry is a Canadian actor and model who lives and works in Los Angeles.

Ms. Berry has battled Nahla’s father since the couple separated in 2010, pulling out the usual grab-bag of custody tricks, including her refusal to pay child support to him, later rectified by a judge who ordered that she pay $20,000 to Mr. Aubry as a joint custodial parent. There was also a failed attempt to suggest that Mr. Aubry has been “physical” with Nahla’s nanny. After a complete investigation, accompanied by a period of supervised access for Mr. Aubry, the allegations were thrown out.

When a parent applies to the court to move permanently with a child to a jurisdiction far away from home and the child’s other parent, there are a number of considerations that come into play. Is the move in the child’s best interests? The factors include:

1. Will the child be able to maintain a relationship with the left-behind parent?
2. Will the quality of the relationship with the left-behind parent be sufficient to continue the parental bond?
3. How far will the child and left-behind parent have to travel to maintain their relationship?
4. How much will it cost for the left-behind parent to travel to visit the child and who will pay the expenses?
5. Will the change in the child’s permanent residence impact on the involvement of extended family in the child’s life, such as maternal and paternal grandparents, aunts, uncles and cousins?
6. Will the move enhance the child and moving parent’s quality of life in regards to better opportunities for financial security?
7. Is the motive for the move an attempt to minimize parenting time to the other parent?

Ms. Berry’s rationale for the move is that she did not want her daughter growing up around paparazzi and the tabloids, arguing that she could provide more privacy, and a greater sense of security for her daughter in France, where coincidentally, her latest boyfriend lives.

Ms. Berry must have forgotten that Princess Diana’s death was attributed to overzealous paparazzi in Paris and that Kate Middleton’s recent nude photos were taken in France, by a local celebrity photographer. I’m sure Mr. Aubry’s lawyer remembered.

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