5

Automatically when a request to change the parenting plan is filed by one parent, the court in Georgia issued an standard order that says, in part, that neither parent will take the minor child out of the state. I imagine the court wants to assure that the parties do not do an end run by taking the child out of the court's jurisdiction.

Sometimes that restriction on travel is burdensome and it is possible to file a petition with the court to have that restriction lifted.

On what factors are such requests usually adjudicated? Is risk of flight the only factor that is considered, or is equity also considered.

If risk of flight, what factors lead a court to lift the restriction.

If equity, what types of inequity between the parents do the courts consider noteworthy?

  • 1
    I do not see why this is on hold. This question does not ask for legal advice. Rather this question basically asks for a summary of court decisions of this type. That seems to be within the first listed item on the allowed topics: "Statutes or court decisions" – user3270 Dec 5 '17 at 23:04
  • 1
    Perhaps reword your questions body to make it seem more like a hypothetical. – Shazamo Morebucks Dec 6 '17 at 0:05
2

One GA court clerk informed me that the interpretation of the standing order (an order that seems to be standard for the jurisdiction or the state) is interpreted differently by various judges in that juisdiction. Some judges do not consider the order to apply to vacations.

  • How can some judges consider an order not to apply to a given circumstance, when that circumstance clearly falls under the conditions of the order? "I want to move states" - "not allowed!" - "okay I want to go on a holiday" - "I guess that's alright then" .. "I got an order in the new state that says I can stay here now" .. judiciary idiocy. – Nij Dec 15 '17 at 22:57
  • Judges sometimes give themselves a lot of power or leeway, for better or worse. – user3270 Dec 20 '17 at 23:15
  • 1
    @Nij: In order to get an order in a new state, the court needs to have personal jurisdiction over you. Family courts will not generally grant orders to people without residency in their jurisdiction, barring exigent circumstances. And court orders regarding custody issues such as parenting plans, are generally only issued in the state where the CHILD has residency. So if you only go for vacation, you can't get that court order. There are many instances of judicial idiocy; this is not one of them. – sharur Feb 13 '18 at 20:47

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.