Child Relocation Laws in Oregon
Child relocation laws in Oregon require notification and often require consent from the other parent or court approval if the move is greater than 60 miles. See ORS 107.159 (“…neither parent may move to a residence more than 60 miles further distant from the other parent without giving the other parent reasonable notice of the change of residence and providing a copy of such notice to the court”).
Child relocation is a very sensitive issue. The moving parent may have a variety of valid reasons for wanting to relocate with the child. However, the non-moving parent may still be understandably concerned. The non-moving parent can lose parenting time. They could have the hardship of additional travel. Furthermore, they could have all the missed opportunities that come with not living in the same locale as their child. Whether the moving parent has sole legal custody or joint legal custody, Oregon law requires 60 days advanced notice of an intent to move.
If you’re wondering how to win a child relocation case in Oregon, it’s important to understand that success largely depends on proving that the move serves the best interest of the child and minimizes the disruption to the other parent’s relationship with them.
What is the Law For Child Relocation in Oregon?
ORS 107.159 requires a notice of change of residence prior to moving with a child:
(1) In any court order or judgment granting custody of a minor child and parenting time or visitation rights relating to the child, except for a [restraining order] under [Oregon’s Family Abuse Prevention Act (FAPA) and restraining order laws], the court shall include in its order a provision requiring that neither parent may move to a residence more than 60 miles further distant from the other parent without giving the other parent reasonable notice of the change of residence and providing a copy of such notice to the court.
(2) Notwithstanding subsection (1) of this section, a parent is not required to give notice of a change of residence if the court, upon ex parte or other motion of the parent and for good cause, enters an order suspending the requirement.
Common Reasons for Oregon Child Relocation
Typical reasons for a parent seeking child relocation are:
- Perhaps a parent has better employment opportunities or a better job available in a new city or state
- Occasionally a parent is looking for better housing (e.g. a nicer or larger apartment, townhouse, condo, or house)
- Sometimes a parent remarries or enters into a new relationship and wants to cohabit with their new spouse or partner
- Other times a parent is looking to be closer to their extended family (e.g. brothers, sisters, siblings, aunts, uncles, nieces, nephews, cousins, grand parents, etc)
- Sometimes a parent is looking for a locale with better schools, better medical care, more religious fellowship, etc.
There are certainly more reasons a parent might want to move and relocate with their child, but these are the most common reasons that seem to come up. No matter what the reason for the move, the Court always looks at essentially two issues: (1) the impact the child relocation will have on parenting time, and (2) the best interests of the child. In almost all cases, there is a residential parent (the parent who has parenting time with the child a majority of the time, and typically the parent with legal custody) and a non-residential parent (the parent who has parenting time with the child a minority of the time, and typically the parent who does not have legal custody). Therefore, the residential parent will typically be far less concerned with a move than the non-residential parent because the child will be moving with the residential parent.
Notice of Intent to Relocate in Oregon
When a parent intends to relocate in Oregon, they are legally required to provide the other parent with a written notice of intent to relocate. This requirement is outlined in the Oregon Revised Statutes (ORS 107.159) and applies in cases where the move is more than 60 miles farther away from the other parent, or if the move takes the child out of state.
What Must Be Included in the Notice?
The notice of relocation must contain the following information:
- The intended date of the move
- The address of the new residence, if known
- A telephone number at the new location, if known
- The reason for the move
- A statement informing the other parent that they have the right to object by filing a motion with the court
The notice must be sent at least 60 days before the proposed move, and it should be provided in writing, ideally through a method that creates a delivery record (like certified mail).
What Happens After the Notice Of Intent to Relocate Is Received?
Once the other parent receives the notice, they have the right to file a motion to prevent the relocation or to modify custody/parenting time. This must be done before the move occurs.
If no objection is filed, and if the move complies with existing court orders, the relocating parent may proceed. However, if an objection is filed, the Oregon court will hold a hearing to evaluate whether the proposed relocation is in the best interest of the child.
How the Oregon Court Decides
During the hearing, the court will consider a range of factors, including:
- The child’s relationship with each parent
- The impact of the move on the child’s emotional, physical, and educational development
- The motives behind the relocation
- The ability to maintain ongoing contact between the child and the non-moving parent
- Whether the move will enhance the quality of life for the child and the relocating parent
Consequences of Failing to Provide Notice
Failing to follow Oregon’s relocation notice laws can result in serious consequences, including:
- Being held in contempt of court
- Potential modification of custody or parenting time
- Other legal sanctions that may not favor the moving parent
Speak with an Oregon Family Law Attorney Near You
Relocation cases are often emotionally charged and legally complex. Whether you are seeking to relocate with your child or trying to stop a relocation, it’s essential to speak with an experienced Oregon family law attorney. A qualified Oregon family law attorney near you can help ensure all legal steps are followed and protect your rights and your child’s best interests throughout the process.
Can I Move With My Child to Another City?
Parental moves and child relocation within 60 miles are typically not considered legally significant and usually do not require permission from the Court. For example, moving to a neighboring or nearby city. However, depending on your parenting plan (aka “visitation agreement”) with the other parent, even a small move may affect parenting time or negatively affect the child. You should discuss with the other parent the reason for the expected move, the distance, travel times, and arrangements to eliminate or minimize the impact on parenting time, pick-up and drop-off locations for parenting time, and of course what’s best for the child.
Can I Move With My Child to Another State?
Moves and child relocation farther than 60 miles require notification and are typically considered more significant. Moving out of state with child no custody agreement in Oregon is especially risky. Without a court-approved parenting plan in place, the relocating parent may face challenges in proving that the move is lawful and in the child’s best interest. It’s crucial to seek legal guidance before proceeding.
Child relocation laws in Oregon make it difficult (sometimes impossible) to move farther than 60 miles with a child without the consent of the other parent. The reason for this is very practical: Once you start talking about having to travel at least 60 miles one-way to have parenting time or visitation with your child, you are talking about at least two hours of round-trip travel. You’re also talking about missing soccer games, piano recitals, and parent-teacher conferences because it’s often not practical to be able to travel to these events frequently if there’s a significant distance between the events and where the non-residential parent resides. In addition, there is an increased travel cost (fuel, airfare, hotel, etc).
Child Relocation Without Parental Consent or Court Approval
A parent who relocates with a child in violation of parental consent, a court order, or Oregon law, could face legal consequences. These consequences could include a change of parenting time, a change of legal custody, contempt action, and even criminal prosecution. It is best to always seek legal advice before making plans to move with a child. A common mistake for parents seeking child relocation is for the parent who is intending to move to wait until the last minute to move or petition the court for relocation, or to begin the case without representation by an attorney. In some cases, the parent intending to move simply thinks they’ll move and then deal with the consequences later. This could be legally disastrous and harmful to the child. Plan well in advance, and speak with an attorney. In some cases, it may be advisable to have an attorney appointed to represent the child or children.
The Future of Child Relocation in Oregon
As more states begin to pay attention to the best interests of children, more states– including Oregon– tend to focus more on what’s best for a child’s overall development rather than what’s best, ideal, or convenient for the parents. Oregon has made a very conscious public policy decision that children benefit from close and meaningful relationships with both of their parents and therefore, the courts do not wish to see geographic barriers to parenting time and visitation. Recent case law in Oregon has only increased the difficulty for a parent to move without the consent of the other parent or a court order. Because new cases on the topic are constantly being decided by the Oregon Court of Appeals and the Oregon Supreme Court, it’s important to meet with an attorney to discuss any changes to Oregon law.
Contact an Experienced Oregon Child Relocation Attorney Near You
If you are searching for an experienced Oregon child relocation lawyer near you, contact Michael Romano at Romano Law PC Oregon for a consultation.
We offer initial consultations at a reasonable cost by video, by phone, or in-person at one of our offices. If you would like to set up a consult, please contact us here. The consultations are always informative, private, confidential, and convenient.
