Category: Child Relocation
Questions/Answers
Is the Hague Convention a large and complicated document?
The Hague Convention is not especially large, as international agreements go. Nor is it especially complicated, as international agreements go. You probably would need a lawyer to interpret certain sections for you, but for a lawyer the Hague Convention is not an especially esoteric or a complicated document. The Hague Convention consists of 45 sections, or “Articles.” These articles lay out in detail just what is expected of countries that are signatories, or “Contracting States,” as they are called in the Convention.
Can my separation agreement stop my spouse from moving away with the children?
Your separation agreement can have some restrictions on your spouse’s or your relocation, but they must be fair and reasonable. Do not try to impose your will or do this unilaterally. Judges do not look with favor on this. Be aware that should there be a conflict between one parent’s ability to earn a living and the other parent’s contact with the children, the contact with the children usually trumps the other position.
Helpful Tips and Facts
Geographical restrictions in Texas
The Texas Legislature has stated that it is the public policy of the State of Texas to promote frequent contact between children and the parent with visitation. This has resulted in what is known as a "residency restriction". Each court is free to impose its own restrictions as small as a neighborhood or street, to as large as a multi county or statewide area. Many counties in Texas have adopted the surrounding county restriction as its standing order (i.e. Collin and contiguous counties for a case in Collin County). The burden is on the person attempting to move that it is in the best interest of the child to controvert the public policy of Texas.