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Connecticut has passed “An Act Concerning the Relocation of Parents Having Custody of Minor Children,” to be effective October 1, 2006, that significantly changes the law of parental relocation in Connecticut.
The Act is a result of the decision of the Connecticut Supreme Court in Ireland v. Ireland, 246 Conn. 413, 428, 717 A.2d 676 (1998) which had made it easier for custodial parents to relocate.
The Ireland case held that a custodial parent seeking to relocate must prove, by a preponderance of the evidence, that the proposed relocation is motivated by a legitimate purpose and that the new location bears a reasonable relation to that purpose. Once that initial hurdle was overcome, the burden shifted to the opposing parent to establish why relocation would not be in the child’s best interests.
Fathers’ organizations in particular opposed the approach in Ireland on the ground that it was unfair to compel a non-custodial parent to prove that relocation to another state or country would be contrary to the child’s best interests.
The new law reverses the burden of proof. It provides that the relocating parent has a triple burden of proving, by a preponderance of the evidence, that the proposed relocation is for a legitimate purpose, that the proposed location is reasonable in light of such purpose, and that the proposed relocation is in the best interests of the child.
The act also specifies that the court should include in its consideration (1) each parent's reasons for seeking or opposing the relocation; (2) the quality of the relationships between the child and each parent; (3) the impact of the relocation on the quantity and the quality of the child's future contact with the non-relocating parent; (4) the degree to which the relocating parent's and the child's life may be enhanced economically, emotionally and educationally by the relocation; and (5) the feasibility of preserving the relationship between the non-relocating parent and the child through suitable visitation arrangements.
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Jeremy D. Morley concentrates on International Family Law. The firm works with clients around the world from its New York office, with a global network of local counsel. Mr Morley is the author of "International Family Law Practice", the leading treatise on international family law in the U.S., and "The Hague Abduction Convention", published by the American Bar Association. He is a Fellow of the International Academy of Family Lawyers and a former law professor.
About Me
- Jeremy Morley
- Jeremy D. Morley was admitted to the New York Bar in 1975 and concentrates on international family law. His firm works with clients around the world from New York , with a global network of local counsel. Mr. Morley is the author of "International Family Law Practice," the leading treatise on international family law in the United States. He is also the author of “The Hague Abduction Convention: Practical issues and Procedures for Family Lawyers.” He is the former co-chair of the International Family Law Committee of the International Law Section of the ABA. He is a member of the International Academy of Family Lawyers. He was born in Manchester, England and has taught in law schools in the United States, Canada and England. Mr. Morley frequently lectures on international family law topics to the judiciary, bar associations and others. Mr. Morley is frequently asked to appear as an expert witness on international child abduction prevention and recovery issues. Mr. Morley has been a frequent guest on television and radio shows on the topic of international child abduction and international divorce law and has been featured in the print media on numerous occasions.
Contact Us:
jmorley@international-divorce.com