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Child Relocation Mediation in Scottsdale, Arizona

Relocation mediation helps parents create flexible, private, and child-centered plans that reduce conflict and costs, preserve family relationships, support ongoing co-parenting, and promote long-term stability for children.

Mediating a relocation or move-away case in family law offers several significant benefits for all parties involved, including:

Preservation of Relationships:

Mediation allows the parties to maintain open communication and work together to find a solution that considers the best interests of all family members. This can help preserve relationships, particularly those between the relocating parent and the non-relocating parent, as well as between the children and both parents.

Tailored Solutions for Unique Circumstances:

Relocation cases can be highly individualized, involving specific circumstances and considerations. Mediation provides an opportunity for the parties to craft a customized plan that addresses the unique needs of the family members involved. This level of customization may not be achievable through a court-imposed decision.

Faster Resolution and Reduced Costs:

Mediation is typically a more time-efficient and cost-effective process compared to litigation. It involves fewer formal procedures, court appearances, and attorney fees. This can lead to quicker and more affordable resolutions for all parties.

Minimized Stress and Emotional Impact:

Relocation cases can be emotionally charged, especially for children who may be facing significant changes. Mediation fosters a more cooperative and less adversarial atmosphere, potentially reducing the emotional strain on all parties involved. This can lead to a smoother transition for everyone.

Facilitates Co-Parenting and Parental Involvement:

Mediation encourages parents to collaborate and develop a parenting plan that allows for continued involvement and access to the children, even in the event of a relocation. This can help ensure that both parents remain active participants in their children’s lives.

Promotes Long-Term Stability and Well-Being:

By working together to create a relocation plan, parents can address concerns and make decisions that contribute to the long-term stability and well-being of the children. This includes considerations about education, healthcare, visitation schedules, and other crucial aspects of their lives.

It’s important to remember that while mediation can offer these benefits, it may not be suitable for every situation. In cases involving issues like domestic violence, severe power imbalances, or situations where one party may feel unsafe or unable to advocate for themselves, mediation may not be appropriate. In such cases, seeking legal advice and considering other options is crucial.

Greater Flexibility and Adaptability:

Mediation allows for more flexibility in finding solutions that can adapt to changing circumstances. This can be especially important in cases where there may be future changes in job locations, educational opportunities, or family dynamics.

Reduced Conflict and Resentment:

Relocation cases can be emotionally charged and contentious. Having a child move away from one parent can be a stressful process.  Mediation encourages open communication and cooperation, potentially reducing the level of conflict and resentment between the parties. This can lead to a more positive and cooperative co-parenting relationship moving forward.

Empowerment and Ownership of Decisions:

Mediation empowers the parties to take an active role in decision-making. This can lead to a greater sense of ownership over the agreed-upon plan, which may increase the likelihood of compliance and cooperation in the future.

Preservation of Privacy:

Mediation is a private process, conducted behind closed doors. This means that the details of the discussions and agreements reached remain confidential. This can be particularly important for families who wish to keep their personal matters private.

Cultivates a Positive Co-Parenting Dynamic:

Through mediation, parents have an opportunity to demonstrate their ability to work together in the best interests of their children. This can set a positive tone for future co-parenting endeavors and help children see their parents cooperating, even in challenging situations.

Frequently Asked Questions

I want to move out of state with my children after the divorce. Can I do that?

That is a great issue to bring to a coaching session before you do anything else because the legal process for relocation is specific and the consequences of getting it wrong are significant. Under A.R.S. § 25-408, if the other parent has legal decision making or parenting time rights and both parents currently reside in Arizona, you must provide at least 45 days written notice by certified mail before relocating more than 100 miles away or out of state. The other parent then has 30 days to file an objection. If they object a judge decides whether the relocation is in the best interests of the children and the burden is on you as the relocating parent to prove it is. In a coaching session I work with you to understand your position, evaluate your chances, and think through your strategy before you send any notice or make any plans.

The other parent has agreed to let me relocate with the children. How do we make that official?

That is a great issue to resolve in mediation because a verbal agreement means nothing and a written agreement that is not filed with the court is not enforceable. If both parents are in agreement on the relocation, mediation is the right place to work out the details and document them properly. How will parenting time work after the move? Who pays for travel? How will the children maintain their relationship with the non relocating parent? How will school breaks and summers be structured? These are the details that seem obvious when everyone is getting along and become battlegrounds later if they are not written down and filed with the court.

The other parent is threatening to file to stop my relocation. What do I do?

That is a great situation to work through in a coaching session because your response in the early stages of a relocation dispute can significantly affect the outcome. In a coaching session I work with you as your advocate to understand the strength of your position, what evidence supports your case, and how to approach the situation strategically before it escalates into full litigation. If there is any possibility that both parties can reach an agreement on the relocation terms, mediation is worth attempting. A mediated relocation agreement almost always produces a better outcome for the children than a court imposed one because both parents had a hand in building it.

Can relocation be built into our original divorce agreement before anyone actually moves?

That is a great issue to resolve in mediation while you are still building your original parenting plan because planning ahead eliminates an enormous amount of future conflict. If either party has a realistic possibility of relocating in the future, the parenting plan can include provisions that address how that situation will be handled, what notice is required, how parenting time will be restructured, and how travel costs will be shared. Building those terms into the original agreement when both parties are still cooperating is far easier than litigating them later when emotions are running high and someone is already packed and ready to move.

 

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Contact Information

7025 N. Scottsdale Road, Suite 303
Scottsdale, Arizona 85253