RELOCATION, RESEARCH, AND FORENSIC EVALUATION, PART I: EFFECTS OF RESIDENTIAL MOBILITY ON CHILDREN OF DIVORCE¹

Abstract

The issue of relocation presents courts and child custody evaluators with dilemmas on the issue of allowing a child to move with a parent to a new community and how to craft long‐distance parenting plans if relocation is allowed. The issue of the potential effects of residential moves on children of divorce has focused on the importance of the child–nonresidential parent relationship. The research literature on the effects of residential moves, or relocation, on children of divorce has not been fully integrated into the examination of this issue and its relevance for the child custody evaluation. The literature shows residential mobility is a general risk factor for children of divorce and this is a starting point for the custody evaluation, but it is not a basis for bias or a presumption against relocation. Predicting a child's adjustment to relocating or not relocating requires a careful and contextual investigation of the child and family circumstances. The research literature is a helpful frame of reference.

Relocation Following Parental Separation: International Research, Policy and Practice

“…Overall, research findings indicate heightened risk for a child who relocates, particularly when there have been multiple moves and changes to family structure (Kelly, 2009), which can increase or exacerbate the instability and disruption created by parental separation (Austin, 2008;Waldron, 2005). The risk of negative outcomes can be mediated by such factors as moving due to family disruption, a negative parental attitude towards the move, the number of moves and their frequency, the distance moved and the existence of multiple stressors (Humke & Schaefer, 1995).…”

“…Residential mobility is often an inevitable consequence of relationship breakdown, with divorced parents being far more likely to shift and to change residences more often than those who remain married (Austin, 2008). However, children tend to act as anchors in their separated parents' movement decisions.…”

“…The risk of negative outcomes can be mediated by such factors as moving due to family disruption, a negative parental attitude towards the move, the number of moves and their frequency, the distance moved and the existence of multiple stressors (Humke & Schaefer, 1995). Whether relocation will have a positive or negative impact on a child depends on many variables (Gindes, 1998), and will be determined by the combination of risk and protective factors present in each individual case (Austin, 2008). The principles and factors to be taken into account are generally identified in various statutes, case law, professional commentaries and custody evaluation protocols (see, for example, Duggan, 2007).…”

A Critical Review of Relocation Research Specific to Separation and Divorce

“…Research that explores the impact of local moves on children in multiple contexts has been relied on within the court system in the absence of empirical evidence on the impact of relocation specific to the context of separation and divorce (Austin, 2008a(Austin, , 2008b(Austin, , 2012Braver et al, 2003;Kelly & Lamb, 2003;Wallerstein & Lewis, 1998), such as studies that have reported connections between a students' mobility and poorer academic and developmental outcomes (Wood et al, 1993). Caution is needed when interpreting these results and generalizing them to a separation and divorce context given that studies that examine mobility in general do not always account for mediators that could be affecting the negative outcomes associated in the literature with frequent mobility, such as employment issues or living in high-risk areas.…”

Relocation Issues in Child Custody Evaluations: A Survey of Professionals

“…First, there is extensive research on the impact of residential mobility on the adjustment and well-being of children of divorce (see Austin, 2008a, for a review). First, there is extensive research on the impact of residential mobility on the adjustment and well-being of children of divorce (see Austin, 2008a, for a review).…”