Lecaros Vs Minnesota Case Law Essay
ISSUE
What factors have courts used to support or deny a parent requesting to relocate internationally with a child?
SHORT ANSWER
An International Family Law Practice Guide compiled a list of factors from various state court decisions that either support or deny a request for international relocation of a child. The following cases discuss these factors in detail.
DISCUSSSION
Minnesota Case Law
Case law on international relocation of a child within Minnesota is sparse. When researching this topic under Minnesota jurisdiction, only one case discussed international relocation. This case is unreported and applies the best-interest factors from the 1989 statute. Nevertheless, this case illustrates how a Minnesota court addressed international …show more content…
Id. The district court granted the mother and father joint legal custody, but gave the mother sole physical custody. Id. During the marriage, the parties resided together with their children in Belgium for three (3) years for the father’s temporary job. Id. In Belgium, the children developed many friendships and attended international school. Id. At the trial, the father stated his job required a lot of traveling, but he could visit the children whenever he traveled to Europe. Id. The mother stated that she worked from home to ensure she could be with the children. …show more content…
Lecaros, 127 A.D.3d 1037, 1037, 7 N.Y.S.3d 490, 491 (N.Y. App. Div. 2015), the Supreme Court held that the mother could relocate to England with the children.” On remittance to the Supreme Court of Westchester County, the father “sought to enjoin the mother from relocating with the children to London.” Id. at 1037. “The parties were married and had three (3) children.” Id. In 2011, the mother filed for divorce and the divorce finalized in 2012. Id. In the final order, the parties shared legal custody, but the mother obtained physical custody. Id. Here, the Supreme Court affirmed the mother “established by a preponderance of evidence that the relocation . . . was in the best-interest of the children.” Id. The Court affirmed the earlier court’s findings that the move was better for the children economically, the children had better education opportunities in England, and the relationship between the father and the children could be maintained because he would acquire longer visitations during breaks from school. Id. at
What factors have courts used to support or deny a parent requesting to relocate internationally with a child?
SHORT ANSWER
An International Family Law Practice Guide compiled a list of factors from various state court decisions that either support or deny a request for international relocation of a child. The following cases discuss these factors in detail.
DISCUSSSION
Minnesota Case Law
Case law on international relocation of a child within Minnesota is sparse. When researching this topic under Minnesota jurisdiction, only one case discussed international relocation. This case is unreported and applies the best-interest factors from the 1989 statute. Nevertheless, this case illustrates how a Minnesota court addressed international …show more content…
Id. The district court granted the mother and father joint legal custody, but gave the mother sole physical custody. Id. During the marriage, the parties resided together with their children in Belgium for three (3) years for the father’s temporary job. Id. In Belgium, the children developed many friendships and attended international school. Id. At the trial, the father stated his job required a lot of traveling, but he could visit the children whenever he traveled to Europe. Id. The mother stated that she worked from home to ensure she could be with the children. …show more content…
Lecaros, 127 A.D.3d 1037, 1037, 7 N.Y.S.3d 490, 491 (N.Y. App. Div. 2015), the Supreme Court held that the mother could relocate to England with the children.” On remittance to the Supreme Court of Westchester County, the father “sought to enjoin the mother from relocating with the children to London.” Id. at 1037. “The parties were married and had three (3) children.” Id. In 2011, the mother filed for divorce and the divorce finalized in 2012. Id. In the final order, the parties shared legal custody, but the mother obtained physical custody. Id. Here, the Supreme Court affirmed the mother “established by a preponderance of evidence that the relocation . . . was in the best-interest of the children.” Id. The Court affirmed the earlier court’s findings that the move was better for the children economically, the children had better education opportunities in England, and the relationship between the father and the children could be maintained because he would acquire longer visitations during breaks from school. Id. at