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
costs required to preserve the parent-child relation - ship. A third approach appears in Casarotti v Casarotti , 107 A.D.3d 1336 (3d Dep’t 2013), where the relocating par - ent was required to pay for one annual round trip while additional transportation costs were shared equally. While the precise allocation varies by case, the under - lying principle remains consistent. Courts seek to preserve meaningful parental relationships while allo - cating the financial burden created by distance in a manner that reflects fairness and the parties’ circum - stances. Other child - related expenses Relocation may also affect numerous child-related expenses, including:
• medical coverage; • international travel expenses; and • long-term financial sustainability.
In high net worth cases, disputes frequently concern the allocation of substantial expenses rather than the existence of resources. Comprehensive planning therefore reduces ambiguity and can help avoid recur - ring post-judgment litigation. Drafting custody agreements for international and multi - residence families Traditional custody agreements often presume a child has one home and that travel is exceptional. Those assumptions frequently fail in high net worth families. Modern agreements should address: • primary residence; • secondary and seasonal residences; • extended stays; • school-year restrictions; Particular attention should be given to defining the distinction between ordinary travel, seasonal occu - pancy, extended stays, and relocation. Many future disputes stem from ambiguity regarding whether a parent’s use of an existing residence constitutes a continuation of past practice or a material change in the child’s life. For wealthy and internationally mobile families, careful drafting remains the most effective means of reducing litigation risk. As courts continue to confront increas - ingly global family structures, the ability to distinguish mobility from relocation, and travel from a change of primary residence, will likely remain among the most significant legal issues in New York custody matters. • notice and consent requirements; • international travel procedures; • passport controls; • transportation arrangements; • information sharing; and • emergency protocols.
• private school tuition; • educational services; • childcare costs; • healthcare expenses;
• extracurricular activities; • summer programmes; and • international insurance coverage.
In international cases, courts may examine whether the proposed benefits of relocation are financially sus - tainable and whether the relocating parent’s ability to remain abroad depends on uncertain employment, business, or immigration circumstances. Long-term stability remains a recurring consideration. Financial planning as part of the relocation proposal The strongest relocation applications often include a comprehensive financial structure rather than leaving cost issues for future determination. Parents seeking relocation should consider address - ing: • child support;
• transportation costs; • education expenses;
206 C HILD RELOC AT I ON 20 26
CHAMBERS.COM
Powered by FlippingBook