On behalf of Stange Law Firm, PC posted in Child Custody on Tuesday, November 13, 2012.
When Illinois parents wish to move out of the state — or the country — with their child, they need to get permission from the child’s other parent to do so. Failure to do this can result in very serious consequences.
An ongoing child custody battle between actress Halle Berry and the father of her daughter, Gabriel Aubry, was a perfect example of requests for relocation. Berry had wanted to move with her 4-year-old daughter to France. She claimed it was due to the fact that France has stricter laws regarding privacy and the paparazzi. This, she said, would benefit her daughter.
However, Aubry was not on board with the idea and claimed the move would just create distance between he and his daughter.
After hearing the case, a judge ruled Berry and her daughter could not move to France.
Going forward, Berry can also expect to be in the courtroom a lot more as she and Aubry continue to fight for custody of their daughter. Their custody issues have been ongoing since 2010 when the couple split up.
For the average Illinois parents, the case between Berry and Aubry goes to show that a parent cannot just pick up and move with their child. Rather, a parent needs to get the other parent’s permission. If that parent does not approve, a judge would then need to step in to decide whether the move is warranted or not.
Of course, for either parent — the one who wants to move or the one who wants their child to stay close — the process of requesting for relocation can be quite tricky. An attorney with experience in handling Illinois family law issues can help to explain the process.
Source: New York Daily News, “Halle Berry loses custody dispute over Nahla to ex Gabriel Aubry, can’t move daughter to France: report,” Joyce Chen, Nov. 11, 2012