Allowed to move INTERNATIONALLY?

I live in Florida: Though we were never married, I recently went through court to get child support increased. At the same time visitation rights were set up. My son's father visits very little (In the past year he has visited a total of 3 times). If I was given the ability to obtain a job internationally, what rights do I have? Am I obligated to pay airfare for him to visit his father IF he agrees to allow me to live in another country? Do we have to go to court again for child support and custody purposes for me to live out of the U.S.?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by m2d2k:
[b]I live in Florida: Though we were never married, I recently went through court to get child support increased. At the same time visitation rights were set up. My son's father visits very little (In the past year he has visited a total of 3 times). If I was given the ability to obtain a job internationally, what rights do I have? Am I obligated to pay airfare for him to visit his father IF he agrees to allow me to live in another country? Do we have to go to court again for child support and custody purposes for me to live out of the U.S.?[/b]<HR></BLOCKQUOTE>

My response:

While the following is specifically California law, you will find that the following is very similar in Florida.

You don't need your husband's "permission" to move with the children - - you need the court's permission. The "rule of thumb" in obtaining orders in move-away cases, is usually dependant upon "distance" and "financial ability" to carry on, and to afford long distance, child visitation. The further the distance, the more scrutiny a court will give such move-away request.

In considering alternative visitation and other contact orders to fill the gap left by the move-away, courts also properly consider whether the parties have the financial means to accommodate the children's long distance relationship with the nonmoving parent. [See Marriage of Carlson (1991) 229 Cal.App.3d 1330, 1338, 280 Cal.Rptr. 840, 845 (disapproved on other grounds in Marriage of Burgess, supra, 13 Cal.4th at 37, 51 Cal.Rptr.2d at 453, fn. 9)--restraining order against mother's out-of-state move with children properly reflected fact that parties lacked financial wherewithal to sustain long distance relationship between children and father "of the substance they presently enjoyed"]

This, of course, becomes an increasingly important factor the greater the distance of the proposed move. [See Marriage of Condon (1998) 62 Cal.App.4th 533, 547, 73 Cal.Rptr.2d 33, 43--in international move-aways, courts must consider whether transportation expense will have practical effect of terminating child's relationship with nonmoving parent]

While trial courts may make extensive visitation orders to ameliorate the negative effects of a move-away, in many cases, as a practical matter, the parties may not be able to carry out those orders. Finances and employment schedules (among other circumstances) may interfere with their ability to effectuate cross-country visitation orders (especially with regard to infants and toddlers who cannot travel alone by air). And a parent who lacks the ability to comply cannot be held in contempt.

If the court allows the move-away, it will also adjuster "visitation periods". For example, an NCP will obtain an increase in visitation periods, and require that the children be flown back for such visitation. Rather than, for example, a single weekend per month when the children were local, the court may order 3 thirty day periods of visitation per year. The move-away parent may also be responsible for the children's transportion, or the NCP's transportation and lodging to go to the international location to have visitation.

There are many more factors involved; but, make no mistake, whatever positive order you may receive from the court, it's going to cost you big bucks to comply with international visitation.

Also, you'll be agreeing to keep jurisdiction in the United States, and that jurisdiction will never transfer to any foreign country outside the United States. This is because, in the event you decide to kidnap your children, International Police will be able to act upon the court orders, find you, and have you arrested and extradited back to the United States for prosecution.

IAAL

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