A Judge’s Guide

RECURRING ISSUES
• Whether a realistic visitation schedule can be created which will foster the
relationship between the children and the noncustodial parent.
Courts often rely upon the factors cited by the New York Court of Appeals in Tropea v.
Tropea. 76 These factors are:
• The parents’ reasons for seeking or opposing the move.
• The quality of the relationships between the child and the parents.
• The impact of the move on the quantity and quality of the child’s future
contacts with the noncustodial parent.
• The degree to which the child and custodial parent’s lives will be enhanced
by the move.
• The feasibility of maintaining the relationship between the child and the
noncustodial parent through suitable visitation.
Relocation cases are heavily fact dependent, and each case must be carefully
considered in light of the many factors outlined above and/or others applied by a
particular state. You also may wish to consider the input of other professionals
involved in the case.
FREQUENTLY LISTED FACTORS IN RELOCATION CASES
• Age of the child(ren) • Child’s wishes
• Distance of proposed move • Professional assessments
• Genuine interests of parents in • Impact on child if custodial
litigating relocation dispute parent is denied permission
to relocate
• History of past interference
• Alternative visitation plans
• Impact of move on child in relation available with the move
to extended family
• Domestic violence and safety
issues, and the effect on
parenting by the custodial parent
Domestic Violence
The Effects of Domestic Violence on Children
Each year, it is estimated that between 3.3 million and 10 million children witness
domestic violence. 77 The effects of domestic violence on children who witness
abuse are well documented. 78 In many instances, the children become victims as
127 127