If you attempt to relocate with your child without either the other parent’s or the court’s permission, you can be charged with kidnapping. You definitely need a court order that authorizes the move. If you and your coparent agree to the move, then you won’t need the court’s permission. If they contest the move, then you do. One Indiana divorce case that exemplifies this process is James Emslander v. Jaclyn Baine, Court of Appeals of Indiana, Nov. 18, 2024 (Case No. 24A-DC-1138). In this article, we’ll discuss relocating with your child and the aforementioned case.
Background of the case
Both parents lived in Syracuse, Indiana, just after their divorce took place. The mother was granted primary physical custody of the children, while the father had parenting time. On January 27, 2024, the mother filed a Notice of Intent to Relocate with her children to Crown Point, Indiana. In response, the father filed a pro se (self-represented) objection to the move on February 16. However, he failed to include the required additional requests (such as a motion for a hearing or to prevent relocation/modification of custody) as required under Indiana law.
During a hearing, the trial court refused the mother’s attempt to strike the father’s objection. However, the court did allow her to relocate based entirely on the father’s technical noncompliance with Indiana Code § 31‑17‑2.2‑5(a). Neither party presented any evidence addressing the best interests of the children factors required by the statute.
The father appealed the decision, arguing that it lacked a proper evaluation of the statutory factors and improperly allowed the move based entirely on procedural grounds.
Outcome and reasoning
The Indiana Court of Appeals reversed the trial court’s decision, holding that technical noncompliance by the father was insufficient to grant a relocation. The appeals court found that the trial court erred when it allowed the mother to relocate without applying the “best interests of the child standard” during the case, regardless of any procedural mistakes made by the father.
When it comes to children in Indiana, the courts must apply the “best interests of the child standard” to the case. In other words, courts must show that the decision was in the best interests of the child. In this case, that standard was never employed. Hence, the appeals court remanded the case back to the trial court for reconsideration.
The court will consider factors such as:
- Distance of the proposed move
- Hardship and expenses to the non-relocating parent
- Feasibility of preserving the parent-child relationship
- Whether the relocating parent is promoting or thwarting visitation
- Reasons for and against relocation
- Other relevant factors impacting the child’s welfare
In the case mentioned above, the trial court never evaluated those factors. Instead, it relied only on the procedural technicality to permit the mother’s move. The appeals court, thus, overturned the decision.
Talk to a Danville, IN, Family Law Attorney Today
Need to relocate with your children? You’re going to need an attorney. Call Chris Arrington today to schedule an appointment and learn more about how we can help.