The decision today by the Supreme Court in Bisbing v. Bisbing changes the standard for relocation from the standards set in the Baures’ case. What this means is that a parent seeking to relocate with their children following a divorce must show “cause” for the relocation and that means a showing that the relocation is in the best interests of the child/ren.
A huge decision made by the Supreme court in that they “… recognize a ‘special justification’ in this case to abandon” the standard set in Baures, Justice Patterson said.
The court in Baures relied on social science research that they claimed had demonstrated that a child did better when the custodial parent’s interests were satisfied, so long as there was no detriment to the child. In today’s society, it has been said that social science has not revealed that is the best practice to follow.
If you are considering relocating, seek counsel with one of our attorneys.