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Relocating Abroad: What the Cohen v. Hefetz Ruling Means for North Carolina Parents

In a world where families are increasingly global, the question of moving a child to another country during or after a divorce is one of the most complex legal hurdles in family law. This month, the North Carolina Court of Appeals provided a massive wake-up call for parents in its decision on Cohen v. Hefetz (Feb 2026).

The Case:

A mother in Alamance County sought to relocate her minor child permanently to Israel. The father opposed the move, citing safety concerns due to regional conflict and the difficulty of maintaining a meaningful relationship across thousands of miles.

The "Best Interests" Standard in 2026

The trial court originally granted the mother's request to relocate, and the Court of Appeals upheld the decision. Why? Because North Carolina law—specifically under the Ramirez-Barker framework—prioritizes a holistic view of the child's "Best Interests" (N.C.G.S. § 50-13.2) over any single factor like travel distance or safety headlines.

The 4 Critical Factors for International Relocation

If you are planning to move abroad or fighting a proposed relocation, the court will evaluate these specific factors:

✓Advantages of the Move: Will the child have a better quality of life, more family support, or superior educational opportunities?
✓Motives for Moving: Is the move to improve life, or is it a bad-faith attempt to frustrate the other parent's visitation?
✓Integrity of Opposition: Is the non-relocating parent opposing the move out of a genuine desire for parenting time, or to exert control?
✓Visitation Feasibility: Can a realistic visitation schedule be established that preserves the bond with the non-relocating parent?

Impact of Regional Conflict

One of the most striking aspects of Cohen v. Hefetz was the court's handling of safety. While the father argued that the destination country was at war, the court found that the 100+ "findings of fact" regarding the child's specific community and family support network outweighed general safety concerns.

The Importance of "Clear and Convincing" Evidence

As we navigate this new legal landscape in 2026, the quality of your evidence matters more than ever. Whether it's Passive Appreciation in asset division (see Cunningham v. Cunningham) or safety concerns in custody, North Carolina courts are demanding more precision from litigants.

Is Your Current Custody Order Legally Sound?

With the 2026 Watts ruling, many existing custody agreements that delegate authority to therapists may need to be modified. Contact our North Carolina family law team today for a comprehensive review of your parental rights.

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