As a parent, your biggest fear may be the thought of your children’s other parent moving away with them and interfering with your current custody agreement.
According to Massachusetts’s laws, the relocation of children, also called removal, can not occur without the consent of both parents or the courts. While the courts make all final decisions about removal, taking these vital steps may prove that your children should remain close to you.
File a complaint with the courts
If you fear that your children’s other parent might soon relocate with them without the court’s consent, consider filing a complaint with the courts to prevent the removal of the children. In this document, you must explain why your children should not move away. Some common reasons include:
- You have a close bond with your children
- Your immediate family is close with your children
- You participate in their extracurricular activities
- It is best for the children to have both parents involved in their upbringing
- Your children perform well in school and have many friends
The courts can impose a bond or writ preventing the move until a judge hears the case.
Answer a complaint with a counterclaim
When the custodial parent moves forward and files a claim requesting permission to relocate with your children, you can file a counterclaim explaining why the children should not move. Include in this form the reasons why removal is not in the best interest of your children. By filing this document, a judge must hear the case in court.
When your children’s other parent entertains the idea of moving to another part of the state, to a new state, or internationally, knowing how to react may prevent the relocation.