When parents want to move to a different area and take the children along, many issues can arise. Unless divorced or unmarried parents relocate to the same area, it can make it difficult for one parent to spend time with their kids. Since mothers are more often than not are awarded custody of children, moving away to another area can turn out to be a violation of fathers’ rights to have a relationship with their children.
This appears to be the determining factor in court’s rejection of actress Halle Berry’s petition to move to France with her 4-year-old daughter. The 46-year-old actress filed a petition in court in February to take the toddler out of the country over concerns for their safety. Berry was previously stalked by two men, both of whom are no longer incarcerated.
Gabriel Aubry, the 36-year-old father of the child, claimed Berry’s move overseas was designed to prevent him from having contact with his daughter. The court appears to agree with Aubry since the judge ruled in his favor. Berry and Aubry have been in court over custody issues numerous times, however, and it is possible that Berry will continue to pursue the issue.
Courts want to do what is in the best interest of the child or children involved in a custody case. Unless there is a compelling reason such as domestic violence or child abuse, the court system will err on the side of allowing both parents access to offspring. Parents having difficulty gaining access to kids or having their visitation rights impeded by an uncooperative parent should take time to research their rights under Florida law.
Source: News.Yahoo.com, “Halle Berry Denied Move to France,” Luchina Fisher, Nov. 12, 2012