If you are the physical custodial parent that lives with the children on a regular basis, the having ability to move away with the children is one of the most challenging issues that can arise. Typically, it is the duty of the physical custodial parent to preserve the relationship between the children and the other, non-custodial parent.
First, the police are there to assist you and will make an arrest if they have probable cause to believe that a crime has occurred.
Second, you can go to your County’s Family Court and seek an Order of Protection. If the Family Court agrees, then they can issue one of two types of Orders of Protection – a ‘full’ Order, which requires your spouse to leave, or a ‘limited’ Order which allows your spouse to remain, but requires that they not engage in any physical, threatening activity or the likes.
Let’s say that you live with the children in Astoria, Queens (the same place that you lived when the marriage was intact) and the other parent now lives about fifteen miles away. The other parent has a rather standard visitation Order where they are with the children on alternating weekends, one evening each week and some other times.
Now, however, you have grown tired of Astoria. You would love to move to Florida and start a new life. You feel that you would have some better economic opportunities there and that the children would benefit from the area. But if you move that great distance, the visitation schedule becomes completely impractical.
You must go to Court to petition for an Order allowing the relocation. If you just up and move without the Court’s blessing, then you could face grave consequences, as you have effectively ‘alienated’ the children from the other parent.
The Court will assess the situation based upon what is in the ‘best interests’ of the children. A skilled child relocation lawyer is essential to either prosecute or defend a relocation case, as it can become quite complicated and the stakes are so high.