A New York ex-couple fought in the court system over whether their child was allowed to relocate with his mother outside of the state, as reported by the New York Law Journal in an October 12th, 2012 article.
Both of the parties had resided in Rockland County, NY for a long period of time and the location where the child grew up. Recently, the mother relocated to New Jersey and moved the child with her. The father argued that the mother moved without his consent or knowledge and requested that his sole child be moved back to New York. On the other hand the mother argued that she not only informed the father of the move but that he consented.
In the courtâ€™s ruling they scolded the mother for her relocation and believed that she had already made the move prior to giving the father notice. However, evidence showed that the child was fully adapted to their new home, had many friends, and was doing well in school therefore it was in the best for the child to remain with the mother in New Jersey. To prevent the mother from moving further away, the court did implement a moving prevention clause into a settlement agreement. The clause prevents the mother from moving anywhere outside of the city she is currently living without the permission of the father and court.
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