Lawyers Manual - Unified Court System

Moving On: UCCJEA, The Hague Convention, and Relocation 113
relocation, and whether a change in custody would be in the child’s best interest.
A history and/or threat of domestic violence has a bearing on all of these factors.
Domestic violence influences the nature and quality of the relationship between
the abuser and the children; it is also a compelling reason for seeking to relocate.
New York courts have allowed a parent to relocate when the parent is a
victim of domestic violence. In Bodrato v Biggs, 60 the father’s physical assault
on the petitioner was a factor in the court’s decision to modify a joint custody
order, grant sole legal and physical custody to petitioner and allow her to
relocate to New Jersey with the parties’ two children. In Spencer v Small, 61 the
lower court’s decision to grant sole custody to the mother, enabling her to move
from New York to Florida, was upheld in light of the father’s history of
domestic violence against the mother. In Hilton v Hilton, 62 a court’s decision to
award custody of the parties’ children to the mother despite her relocation to a
new home 400 miles from the father’s residence was upheld because the father
had a history of acts and threats of violence against the mother. 63
In deciding relocation cases, courts have also acknowledged the negative
impact on the children resulting from continued or exacerbated hostility
between the custodial and non-custodial parent. 64
Because relocation cases involve the best interests of the children, relocation
petitions should include more than information about the domestic violence in
the family. Courts also consider the potential economic benefits to the parent
and children in relocating. 65 Thus, economic factors should be highlighted in the
petition. The more specific your client can be about her plans in the new
jurisdiction, the better; a general intention to move is not sufficient. 66 Moving for
family support is also an important factor in relocation cases, so if your client is
moving to be closer to her family that should be fully presented to the court. 67
Obtaining an order of relocation may be especially challenging if your
client wants the father to have limited or supervised visitation. Courts generally
order longer visitation periods if the custodial parent is allowed to relocate, and
visitation for more than one hour is not generally available from supervised
visitation programs. One solution is to find a family member who is willing to
supervise extended visits. Of course, if the domestic violence is severe, you may
also argue that any visitation is unwarranted until, at least, the abuser completes
a parenting and/or domestic violence course — and maybe never.
Seeking Refuge in New York: Emergency Jurisdiction
If you are representing a domestic violence victim who has moved here
from another state, you will find that the legal issues are similar to those for