In a Land Far, Far Away: Assessing Children's Best Interests in International Relocation Cases

Abstract

International relocations alter the analyses of best-interest factors normally considered in domestic relocation cases and introduce additional factors. The foreign nation's laws, judicial practices, customs, educational system, and political status create a climate that can be favorable or hostile to the child's best interests, to the left-behind parent's rights of access, and to the intentions of the court that issues the original custody orders. This context requires custody evaluators to give heightened scrutiny to the reasons for the proposed move. A critical focus, more significant than in domestic relocations, is how the moving parent will co-parent and support the child's relationship with the left-behind parent. Experts who fail to adjust their procedures and analyses to the unique aspects of international relocation compromise the quality and helpfulness of their work to the court and to the parties.

KEYWORDS:

• child custody
• child custody evaluations
• relocation
• international relocation
• foreign law
• child abduction
• parental gatekeeping
• parenting plans
• children's best interests

Acknowledgments

This article benefitted from perspectives regarding international child custody generously shared by Leslie Shear, J.D., and detailed feedback on matters of psychology and law from John A. Zervopoulos, Ph.D., J.D., ABPP.