Orange County Move Away Orders

A “move away” case occurs when a parent with joint or sole custody of a child chooses to move to an area that is far enough away that it would affect the current custodial arrangement, requiring a modification to the existing custody and visitation order. Generally speaking, parents in California who have permanent sole physical custody are permitted to move away with their children unless the other parent is able to show that the move would in some way harm the children. If parents share physical custody and the non-moving parent does not want the child to move, the moving parent must be able to demonstrate to the courts that the move is in the best interests of the children.

In order to obtain a move away order, you will need to file a request with the court to get permission to move with your child.

It is important to note that this issue solely revolves around whether or not the child leaves or stays – not the parent. The courts cannot prevent a parent from moving. Parents are required to pursue mediation and attempt to come to a mutual arrangement before a judge will issue a modification. If an agreement cannot be reached, a judge will decide on the parents’ behalf.

The court’s decision will be influenced by the following factors:

• The age of the child
• The distance of the move
• The child’s relationship with both parents
• The relationship between the parents
• The child’s wishes, if of a suitable age
• The reasons for the move

If you've already begun to make plans for your move, you may be wondering how long it will take for you to get approval to relocate with your child. The actual length of time for resolving your move away case will depend on whether or not you and your ex-spouse are able to come to an agreement outside of court. If you end up having to go to court your case could take several months to resolve.

The general timeline typically involves:

1. 60-90 days until your first court hearing after filing the motion
2. 90 days or more for your case evaluator to complete their report
3. A 30 day stay in which you must wait to move even after receiving your approval

In most cases, you can move with your child so long as your move doesn't interfere with the current custody agreement. For example, you may be able to move 30-50 miles away and still be able to maintain your custody arrangement. However, most courts typically limit this distance to 50 miles or less. If you are concerned that your expected move may fall outside of the approved area, you should reach out to Attorney Raja and discuss your concerns immediately.