Reports that Elin will be awarded $100 million in money and property from Tiger as a result of their divorce settlement agreement have been circulating lately. News has also been circulating that Elin will get custody of the couple’s 2 children and will be allowed to relocate with them to Sweden.
When couples divorce, if custody of the children is contested, the Judge will look at one thing only to determine who gets custody of the children – the best interests of the children. Tiger and Elin’s divorce was not litigated in court, but was settled through mediation or some type of collaborative divorce settlement negotiations. But even in these cases, the attorneys for the parties are guided by courts’ standards because a Judge is still required to review and approve the terms of the couple’s agreement regarding child support and child custody.
Elin’s relocation to Sweden with the children appears to be unfair, but Tiger had to go along with it because it’s clear that she’s got him over a barrel. Although courts generally do not like to consider the sexual conduct of a parent in deciding custody, evidence that the parent’s sexual conduct would create a harmful environment for the children, would weigh heavily in the Judge’s determination concerning who gets custody.
In Tiger’s case, it can be easily proven that the media circus which has and will continue to surround Tiger as a result of his numerous illicit sexual encounters and his stint in rehab for sex addiction will hamper the children’s normal daily activities and have a negative impact on them. Therefore living with Tiger may not be in their best interests.
So, it’s easy to see why a Judge may give Elin custody and give Tiger visitation. But Elin’s relocation to another country with Tiger’s children, will significantly curtail Tiger’s ability to visit with his children. This seems unreasonable, Tiger’s multi-million dollar fortune and private jets notwithstanding.
A court would not deny visitation rights to a parent unless there is evidence that the parent may harm the child. And in such cases supervised visitation is usually ordered.
Courts try to preserve and promote children’s contact with the noncustodial parent. Parents who pay child support have a right to visit with their children. Children have the right to visitation with the noncustodial parent. Relocating Tiger’s kids to Sweden is tantamount to denying him visitation with his children, and denying his children a meaningful relationship with their paternal grandmother. So, how could this happen?
If the reports that Elin will be relocating to Sweden with the kids are true, then, Tiger must have willingly agreed to it. Tiger has a really busy schedule which takes him around the world to play golf for extended periods of time. This is another reason why giving him custody would not be in the best interest of the children. In addition, there is his appetite for multiple sexual relationships with women of questionable character.
Tiger knows fully well that even if he wanted to have custody of his children, no court on this planet would give him such custody. Elin knows that too. This leaves Tiger with no bargaining chips and nothing to leverage. He has to go along with whatever Elin wants with regard to custody of the children. So, if Elin wants to take the kids to Sweden, that’s what will happen.
But, Tiger should take heart. As kids get older, courts will give significant weight to their wishes in granting or modifying custody. So, as Sam and Charlie get older, if they are attracted to Tiger’s lifestyle – his private jets and the opportunities for fame and fortune that America offers, they will be back in the US in no time. I give them 5 years in Sweden.