USA – INDIANA Law and Practice Contributed by: Andrew Z. Soshnick, Faegre Drinker Biddle & Reath LLP
2.3.8 Costs of an Application for Relocation Cost is fact and case dependent but can be tens of thousands of US dollars. 2.3.9 Time Taken by an Application for Relocation Time is fact and case dependent, but on average it can be 3–12 months. 2.3.10 Primary Caregivers Versus Left-Behind Parents Indiana trial courts follow the Indiana relocation stat - Under Indiana Code, Section 31-17-2.2-1 (b), a relo - cating parent is not required to file a notice of intent to relocate or have the approval of the non-relocat - ing parent if, in addition to allowing a child to remain enrolled in a child’s current school: • the relocation has been addressed by a prior court order, including a court order relieving the relocat - ing parent of the requirement to file a notice; or • the relocation will: (a) result in the distance between the relocating parent’s residence and the non-relocating par - ent’s residence; or ute and its burden-shifting approach. 2.4 Relocation Within a Jurisdiction (b) result in an increase of not more than 20 miles between the relocating parent’s residence and the non-relocating parent’s residence. It is non-compliant with the Indiana relocation statute and Indiana Trial Rule 65, and may be in conflict with Indiana county local rules to relocate a child with - out obtaining the proper voluntary consent or court- ordered approval to relocate. 3.2 Steps Taken to Return Abducted Children A non-relocating parent may file actions in the appro - priate Indiana trial court to seek the return of a child or pursue actions in a federal district court or Indiana trial court to seek the return of a child under the 1980 Hague Convention. It generally is easier to compel a 3. Child Abduction 3.1 Legality
interest test under Indiana Code, Section 31-17-2.2- 5 (f), allows for consideration of the wishes of a child with more consideration given to a child’s wishes if the
child is at least 14 years of age. 2.3.3 Age/Maturity of the Child
As noted in the previous section, Indiana Code, Sec - tion 31-17-2 8 (3), as incorporated in Indiana Code, Section 31-17.2.2-2 and the best interest test under Indiana Code, Section 31-17-2.2-5 (f), allows for con - sideration of the wishes of a child with more consid - eration given to a child’s wishes if the child is at least 14 years of age. 2.3.4 Importance of Keeping Children Together There is a strong preference to keep children together, but the facts and circumstances of a particular case might overcome this preference. 2.3.5 Loss of Contact There is substantial weight placed on the potential loss of contact between a child and a non-relocating par - ent. The historical involvement of the non-relocating parent in a child’s life and disruption of that contact is an important factor, as is the distance between a child and non-relocating parent that the proposed reloca - tion would cause. A child’s wishes, involvement with a non-relocating parent and extended family, involve - ment in home, school, and community, and disruption in those relationships also are significant factors. 2.3.6 Which Reasons for Relocation Are Viewed Most Favourably? Compelling reasons to permit a relocation include: new and unique job opportunity, inability of new spouse to relocate to current home of a child, and need to care for ill relative. 2.3.7 Grounds for Opposition to Relocation Compelling reasons to oppose a relocation include: close involvement of a non-relocating parent with a child, extended family in the area, significant con - nection to home, school, and community, and lack of compelling reason offered for relocation by the relo - cating parent.
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