If you are considering moving out of the state of California with your
child (a "move away" request) and the other parent does not agree, or if you are trying
to prevent a move away, then a great deal of care must be taken to further your
Regardless of which side you are on, it is important to talk to a family
law attorney who has experience both obtaining move away orders and preventing
them. There are specific factors a judge must consider. Helpful facts
pertaining to your position must be presented to the court and the opposing
argument must be anticipated and refuted. A family law lawyer will know
what facts to cherry pick and present to the court. Perhaps even more
importantly, he or she will know which statements to avoid in a party's
pleadings-sometimes common sense and legal sense do not match up.
Any order pertaining to a move away request will have a dramatic effect
on both parties and on their child(ren)'s relationships and lives.
An experienced family law lawyer can help a great deal.
Lance Claery, Partner
Claery & Hammond, LLP