Aaron Bundy

What is your opinion on the law / case law on child relocation in your country?

There is a significant disconnect in child relocation law and its application. Generally, a custodial parent has a right to relocate with their minor child. Practically, however, a parent wishing to move a child will likely face a number of hurdles from a trial court. Courts view relocations critically and strain to find ways to minimize the impact of the move on the noncustodial parent’s access.

What is your advice to parents who are thinking about relocating with a child?

Don’t take shortcuts. Most appellate cases finding error involve a skipped step in the child relocation analysis at the trial court level. Make a detailed plan, and make a solid record of notice, the reason for the move, and a new parenting time proposal. Missteps often have an enormous long-term cost, such as the expense of an appeal and two or more trials.

What should parents know before starting a court procedure about child relocation?

Relocation cases are often time-sensitive, as there is generally a compelling reason for the proposed location (a new job, a new romantic partner, etc.). Sometimes this means the parent wishing to relocate may go too far in their effort to settle the case and reach an agreement for their relocation. I have seen successful relocations followed by regret because the relocating parent lost all non-school time to the non-relocating parent. In other words, the non-relocating parent may pick up significant, meaningful amounts of time during holiday breaks to compensate for the change in their access due to the move. A relocating parent should take care to try to preserve some vacation time to enjoy with their child.

What would you like to say to judges who handling child relocation cases?

Don’t skip steps. If the statutory regime for a relocation analysis is followed, a trial court will enjoy the deference it typically receives in a best interest decision. Reversals, and their subsequent new trials, happen when the requisite analysis is not made in its proper sequence.

What is your (practical) advice to parents, to make relocation easier for a child?

A common perception of relocation cases is that they are hard to settle because they are highly-polarized single-issue cases. However, they can be resolved. A non-relocating parent may find many options to improve their quality time with the child, while the relocating parent should take care to reserve some vacation or holiday time for themselves. Experts agree that it is the conflict surrounding a contested relocation, rather than the relocation itself, that has the most adverse impact on a minor child.

When did you first handle a child abduction case?

I first handled a child abduction case in 2020, after I volunteered with the U.S. State Department to assist parents from other countries whose children had been wrongfully removed and retained in the United States.

Why is it interesting for you as a lawyer to work on these cases?

Child abduction cases are fascinating for a number of reasons. Although they are disputes between both parents, they are largely jurisdictional cases, so the standard best interests analysis does not necessarily apply. In the United States, state and federal courts have concurrent jurisdiction, so its possible to end up trying the case in a court where one does not often otherwise appear. Child abduction cases are relatively rare, so there is a great deal of education required for everyone involved: the client, the court, and even opposing counsel.

Which cases are you most concerned with?

Many of our child abduction cases involve third world South American countries. In those cases, the abducting parent tries to make a comparative argument that the child’s home country is undesirable or has less opportunities for the child than does the U.S. This may be true, but it is an emotional argument that is not based on available defenses.

How do you ensure good cooperation with the parent in a child abduction case?

Experience handling child abduction cases is an important part of ensuring good cooperation, because our experience helps us communicate good expectations and troubleshoot many issues before they even arise. Information and consistent communication are critical to cooperation and success in a child abduction case.

What can people do to support the children during these proceedings?

There are never enough resources. People interested in supporting the children should look forward and consider the court proceeding and the logistics of complying with a return order. In every child abduction case, the judge has ordered the abducting parent to bring the children to the courthouse for the trial. Imagine how uncomfortable that is for a child. We provide snacks, pillows and blankets, and small entertainment to try to comfort children who are waiting in a hallway or anteroom while their parents are in trial. Family and friends should stay in communication with the parents and assist with travel arrangements, including flight itineraries, to ensure a smooth transition for returning children.

Do you advice parents to file criminal charges in case of child abduction?

A parent of a child who has been abducted wants to do everything they can to ensure the speedy return of the child. Criminal charges may or may not impact a child’s return. A Hague Convention child abduction case is a civil proceeding, and the status of a criminal investigation should not impact a trial court’s timeline for hearing the case.

What are the complicated aspects of criminal cases concerning child abduction?

A parent may have traveled to the U.S. with a child with the consent of the other parent, then refuse to return the child per an agreement, which results in a wrongful retention. This may complicate a criminal analysis, because the initial removal occurred by agreement.