USA – NEW YORK Trends and Developments Contributed by: Eleanor B. Alter, Adam John Wolff, Jenifer J. Foley and MaryJane Gurriell, Alter Wolff Foley & Stutman LLP
aration, however, the same travel patterns can acquire entirely different meaning. A parent may characterise an increased stay at a long-owned Florida residence as a continuation of the family’s historical lifestyle. The other parent may view the arrangement as a substantial relocation that reduces parenting time and alters the child’s daily life. Courts are likely to focus less on property ownership and more on practical reality. Relevant considerations include: • where the child spends most nights; • where the child attends school; • the amount and cumulative physical and emotional effect of travel on the child; • the location of primary medical providers; • the child’s extracurricular activities and social rela - tionships; • the family’s historical living arrangements; and • whether the proposed arrangement is temporary or effectively permanent. The existence of a residence alone will rarely deter - mine the outcome. High net worth families often pos - sess multiple homes for reasons entirely unrelated to custody. What matters is whether the proposed arrangement materially changes the child’s life and affects the child’s relationship with the other parent. These disputes have become more common following the expansion of remote and hybrid work arrange - ments. Parents may now seek to spend substantial portions of the year outside New York while maintain - ing professional ties to the state. This flexibility may benefit adults, but courts remain focused on the effect of such arrangements on children. Wealth can reduce the burden of distance, but not eliminate it Affluent families often possess resources that can make long-distance parenting markedly easier than in the typical relocation cases which lead to the reported decisions. Those resources may include private avia - tion, flexible employment arrangements, staff support, multiple residences, and the ability to finance frequent travel.
As a result, traditional concerns about distance some - times carry different practical implications in high net worth litigation. Parents may be able to structure far more extensive parenting schedules than would otherwise be possible. Children may travel regularly between states or countries without significant finan - cial hardship. Extended holiday parenting schedules, frequent weekend visits, and substantial summer par - enting time may all be realistic options. Nevertheless, wealth does not eliminate distance or the strain that travel places on a child. Courts con - tinue to recognise that a child may lose opportunities for routine parental involvement even where travel arrangements are exceptionally convenient. A parent may be able to see a child during extended school breaks while still missing weekly activities, ordinary dinners, school events, athletic competitions, and countless everyday interactions that contribute to a meaningful parent-child relationship. Similarly, modern communication technology does not replace physical presence. Video calls and elec - tronic communication can help preserve contact, but courts generally distinguish between maintaining communication and maintaining a meaningful relation - ship. A relocation proposal that relies heavily on tech - nology as a substitute for parenting time is unlikely to be persuasive without robust opportunities for in- person contact. The strongest relocation proposals therefore address practical details. Courts are more likely to be persuad - ed by comprehensive plans explaining transportation logistics, holiday schedules, school calendars, com - munication protocols, and mechanisms for preserving the child’s relationship with the non-relocating par - ent. For wealthy families, demonstrating that financial resources will be used to facilitate parental access often proves more persuasive than simply emphasis - ing the existence of those resources. International relocation International relocation remains one of the most con - sequential issues confronting affluent families. Many high net worth individuals maintain homes, business interests, and family connections in global
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