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Trying To Move When You Have An Ex-Spouse Who Opposes

Divorce, Moving

Moving is one of the most stressful moments of a person’s life. If you have a child with an ex-spouse who is opposing the move, it becomes one of the hardest legal battles to fight.  Illinois Courts have always felt that relocation should only be granted when it is absolutely clear that the move is in the best interest of the child. This can be extremely hard to show, but two attorneys from Birnbaum Gelfman Sharma & Arnoux, LLC were able to overcome those odds and get relocation granted in a situation where the outcome was anything but set in stone.  

In a recent case, Reuben A. Bernick and Dagny R. Broome represented a client attempting to move out of state. The main reason for the move was better educational opportunities in the public school system. The minor child was adamantly opposed to the move. The child stated unequivocally to the Guardian Ad Litem in the case, that they wanted to stay in Chicago and was fine with only seeing the other parent once a month or less. Given the age of the child, a teenager, their opinion was very important to the Court and needed to be considered.   

Despite this, Mr. Bernick and Ms. Broome showed that while the minor child may not want to move, the public school system in Chicago was failing the child and ultimately, they would have a better chance of succeeding in the future if relocation was granted. This was shown through testimony of the Guardian Ad Litem, who spoke to the strong educational facilities in the other state, testimony of their client who spoke to the struggles the parties had with getting the necessary support needed for academic success in Chicago, and testimony of the client’s husband, who spoke to his own children’s public-school record and the support received. Through this testimony and through skillful presentation of the eleven factors that the Courts consider in such cases, Mr. Bernick and Ms. Broome showed the Judge that relocation was the best outcome for all involved.   

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