Legal Perspective On Post-Divorce Relocation: A Child Centric Approach

Aanchal Agarwal, Symbiosis Law School, Nagpur

ABSTRACT

Divorce is a process through which the institution of marriage between two individuals stands dissolved and can be attained by legal authorities such as courts after hearing both the parties involved in the case. But the matter of fact remains that when two individuals take a divorce, they are not the only ones getting effected. Dissolution of marriages impact the families of these individuals as well and the most impact falls on the shoulders of children of the couple in such cases. Apart from emotional implications of divorce of the children, there are legal implications that also arise. This makes it extremely important to analyse all these effects of divorce of their parent that shall impact these young minds. For years, divorce and its effect have been parent- centric i.e. have been seen mostly from the perspective of the people getting divorced. But, in the recent times, there has been a shift from this approach to a more childcentric approach. This paper, thus, aims to analyse the impact on children post-divorce, socials implications that the child may face, legal framework and policies that govern relocation of the child post-divorce with regards to their best interest, the concept and legal concept governing co- parenting etc.

Keywords: child-centric approach, custody, child welfare, post-divorce relocation, legal implications