Dupre v. Dupre

In this case, the Rhode Island Supreme Court held that a parent seeking to relocate out of the country with children in his or her custody need not make a showing that his or her reasons for relocation are “compelling.” Rather, the court cited the “time-honored axiom that the primary consideration and paramount concern in all matters relating to custody is the best interests of the child.” In determining the child’s best interests, requiring a parent to demonstrate that the reason for moving was compelling would overly burden a parent’s ability to relocate for legitimate reasons. Accordingly, the court held that the family court had incorrectly applied a “compelling reason” test in denying a mother’s motion to relocate with her children, failing to consider the children’s best interests.

Topics

• Divorce and dissolution of marriage

Geographical location

• North America
• United States
• Rhode Island

Keywords

• custody
• Children's rights
• best interest of the child

Year

• 2004

External URL

• Dupre v. Dupre

Court

• Supreme Court of Rhode Island

Type

• Domestic Case Law

Jurisdiction

• Rhode Island