Climate Change and Family Law: Relocation Disputes Due to Environmental Factors
Relocation and custody disputes are nothing new. Family courts have been adjudicating these types of cases for years. Parents need (or want) to move for a variety of reasons such as pursuing new job opportunities or wanting to be closer to their family. But what happens if the relocation request is due to environmental factors stemming from climate change?
Climate change is no longer relegated to melting ice caps far away and air pollution in big cities. Extreme weather events, flooding, wildfires, and heat waves, among other things, are affecting more and more families, forcing parents to make life-altering decisions about how to deal with evacuations, where to live, and how to keep their children healthy and safe.
If one parent wants to move to another city or even another country to escape the effects of climate change but the other wants to stay, they should first try to reach a mutual agreement to revise their child custody agreement. However, if they cannot agree, the parent who wants to move will likely need to file a relocation or move-away case in family court.
Factors the Court Considers
In most relocation disputes, a judge will consider several factors, including:
- The reason for the requested move
- The child’s relationship with both parents
- The impact on the child’s wellbeing (i.e., what’s in the child’s best interests?)
- Practical implications on the custody arrangement (i.e., will the child be able to maintain a relationship with both parents?)
How Climate Change Affects Relocation Disputes
Relocation due to environmental factors is not a preference but a matter of survival for some parents. For instance, California residents struggling in the wake of wildfires or families living in coastal areas that are being threatened by sea-level rise might feel like environmental risks outweigh the benefits of their current living situation. Safety and stability for their family, rather than a lifestyle choice or convenience, is at the root of these types of climate-driven relocation decisions.
Legal Questions to Be Answered
If the relocation and custody dispute ends up in family court, judges will likely need to answer some difficult legal questions. How real is the risk? When does a move actually become necessary as opposed to preferred? What if one parent can’t move away from the area of concern? Does that mean the child will not maintain contact with that parent? As with other relocation disputes, the court will always prioritize the best interests of the child; however, in cases where climate change is the driving factor, lawmakers will likely need to present scientific evidence such as climate risk assessments.
Get Help With Your Relocation and Custody Dispute
Are you considering a relocation due to environmental factors such as the threat of natural disasters, storms, pollution, or flooding and having trouble agreeing on changes to your custody agreement? Don’t hesitate to put your family’s health, safety, and security first. Schedule a free consultation with the family law experts at Lonich Patton Ehrlich Policastri (LPEP Law). We have years of experience in helping parents navigate difficult child custody issues. Get the help you need with your relocation and custody dispute today.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Gretchen Boger
Gretchen Z. Boger began her law career as a Deputy District Attorney in San Joaquin County from 2007 – 2010. During her tenure with the D.A.’s office, she prosecuted 17 jury trials. Ms. Boger has been practicing family law exclusively since January 2010. Ms. Boger joined Lonich Patton Ehrlich Policastri in 2013. She received her Juris Doctorate from the University of the Pacific, McGeorge School of Law. During her time at McGeorge, she received a concentration in trial advocacy.
