What a New York court weighs in a relocation request

When a parent wants to move a significant distance with a child and the other parent objects, the decision falls to the court. In New York there is no fixed formula. Judges apply the best interests of the child test set out by the Court of Appeals in Tropea v. Tropea, and consider every relevant factor.

Here is what the court weighs, and how to prepare a request that stands a real chance.

The reason for the move

Judges want to understand why the move is proposed and whether it is made in good faith. A new job, family support or a much lower cost of living are recognised reasons. A move that seems designed to reduce the other parent’s role will be viewed with suspicion.

The children’s relationship with each parent

The court looks at how involved each parent has been in the children’s daily life, and how the move would affect that relationship. Where both parents have been closely involved, the parent who wants to move must show how the other relationship will be kept strong.

A plan for contact

The strongest applications include a detailed schedule: school holidays, long weekends, regular video calls and who pays for travel. Offering the other parent generous time and covering the costs shows the court the move is not about exclusion. In our 2025 London relocation, a plan of this kind led the other parent to consent.

Daily life in the new home

Evidence about schools, housing, healthcare and family support in the new location helps the court picture the children’s week. Letters from schools and a confirmed job offer carry more weight than general statements.

The children’s own views

Older children may be heard, usually through an attorney for the child appointed by the court. Their wishes are considered but not decisive, and judges take care not to make children feel responsible for the outcome.

Moving abroad

International moves raise further questions, including whether a New York order will be recognised in the new country and how the Hague Convention applies if a child is not returned. Plan for recognition before the move, not after.

This article is general information, not legal advice.