if you declare a state to be habitual residence, does that mean you need bolth parties must agree before moving to another state? I am still unfamilar with all the ins and outs of the new laws, if someone could help it would be much apreciated.
2007-01-22 10:52:06 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
David's right. "Habitual Residence" refers to the place the child is expected to be most often when with the main custodial parent. You can move it (subject to objections from the other parent... but a lawyer of children services employee would know better than I), but you must keep all interested parties apprised of any changes. Moving and not notifying concerned parties might be treated as an attempt to prevent the other parent from enforcing his/her rights.
2007-01-22 11:01:53 · answer #1 · answered by Svartalf 6 · 0⤊ 0⤋
Unless the divorce decree stops you from moving with the child, you can move and the non-custodial parent can ask the court not to allow the move. The phrase "habitual residence" means where the child lives now. It has nothing to do with your ability to move.
2007-01-22 18:56:48 · answer #2 · answered by David M 7 · 1⤊ 0⤋
It would mean the residence where the child lives with the primary custodial parent. In other words, where they spend most of their time, where they go to school etc. Usually you have to seek permission from other parent or guardian if you want to miove to another state or country, If the person does not give their permission, you are able to present your case in court.
2007-01-22 18:58:59 · answer #3 · answered by lizzie 5 · 0⤊ 0⤋