RELOCATION OF CHILDREN OUT OF STATE: HALLE BERRY CASE

Child Relocation out of State can be a very difficult endeavor. Halle Berry and her ex, Gabriel Aubry, have been in court today in Los Angeles, facing off over her request to relocate out of state to France with their daughter, Nahla. The issue at stake is the Oscar-winning actress's request to make the international move with 4-year-old Nahla, over father Aubry's vigorous objections. Berry is engaged to French actor Olivier Martinez.

The actress is expected to use her recent brushes with the paparazzi and a stalker as evidence for why she should be allowed to move out of the country. TMZ is also reporting that Berry's lawyers have filed a declaration from her friend, actress Salma Hayek, about how France is a safer place for celebrities and their children because of the country's tougher paparazzi laws. Hayek, who is married to French billionaire Francois-Henri Pinault, has a 4-year-old daughter, Valentina.

Berry, 46, dated Aubry, a 35-year-old Canadian model, from 2005 to 2010. Earlier this year, the rancor between the former couple reached new heights, with Berry filing a restraining order against Aubry after he was accused of pushing their nanny while she was holding Nahla. The Los Angeles Department of Children and Family Services ultimately closed a child endangerment case against him.

Berry's actions are a prime example of the lengths a parent will go to in order to relocate their child out of state. In Arizona, it is a difficult issue for the Courts to decide. When one parent decides that they wish to relocate with the child, they must typically petition the court for approval and a change to the child custody plan. Once filed, the other parent has a right to object to the request. A court will determine if the reason for relocation is legitimate and if it is in the best interests of the child. Relocation can be requested and granted in situations such as a job change or new marriage, though court approval is by no means automatic.

If you have a child relocation issue, the Phoenix attorneys at Lasiter & Jackson can help. Please contact our offices at (602) 234-5900.

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