Move-Away Custody Orders Explained Under California Law

Move-away orders are generally issued when the primary custodial parent wishes to move with their child(ren) outside of the city, county, state, or country where the child(ren) currently resides. Move-away cases are often fiercely litigated and incredibly complex, as each parent is fighting for what they believe is in their child’s best interest.

Can the Primary Custodial Parent Just Move Away?

According to Family Code Section 7501, a parent entitled to the custody of a child (the primary custodial parent) has the right to change the child’s residence. However, this does not mean the parent can move with the child without a written agreement from the other parent (the non-custodial parent). As with all custody and visitation matters, the parent requesting the custodial order must demonstrate that the move is in the child’s best interest and does not prejudice the rights or welfare of the child being moved.

If the non-custodial parent objects to the move-away, they must show that this move would not be in the child’s best interest and would be detrimental to the child. This could include frustrating the relationship between the non-custodial parent and the child, which prevents the child from having “frequent and continual contact” with that parent.

Key California Case Law: LaMusga and Burgess

To determine what is in the child’s best interest, the Court follows the factors from IRMO LaMusga (2004) 32 Cal.4th 1072, including:

• The reason for the move
• Distance of the move
• Age of the child
• The child’s relationship with both parents
• Child’s interest in stability and continuity in the custodial arrangement
• The relationship between the parents
• The wishes of the children, if they are mature enough for such an inquiry to be appropriate
• The extent to which the parents are currently sharing custody

Earlier, in In re Marriage of Burgess (1996), the California Supreme Court recognized that a custodial parent has a presumptive right to relocate with the child, unless the move would be detrimental to the child’s best interests. Together, Burgess and LaMusga provide the foundation for how California courts evaluate move-away disputes.

California Family Code Provisions and Statutory Guidance

In addition to Family Code Section 7501, other provisions often apply in move-away cases. Family Code Section 3020 emphasizes the policy of ensuring children maintain frequent and continuing contact with both parents whenever possible. Family Code Section 3040 establishes the order of preference for granting custody, focusing on the child’s health, safety, and welfare. Family Code Section 3048 provides enforcement mechanisms for custody orders, particularly when a parent relocates without proper authority.

These statutes work together to give courts discretion while ensuring that the child’s best interests remain the primary consideration.

Federal Law and Interstate or International Relocation

When relocation involves crossing state or international borders, additional laws may come into play. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) establishes jurisdictional rules, preventing parents from moving children across states to seek more favorable court rulings. For international cases, the Hague Convention on the Civil Aspects of International Child Abduction may apply, particularly if one parent removes a child without consent or a court order. The Parental Kidnapping Prevention Act (PKPA) further enforces interstate custody determinations.

These federal overlays add complexity, making legal representation essential for parents facing relocation disputes that extend beyond the state of California.

How Courts Evaluate Best Interests in Move-Away Cases

California courts conduct a detailed analysis when deciding whether a move serves the child’s best interests. Judges consider educational stability, medical or psychological needs, continuity of care, and the strength of the child’s bonds with each parent. Courts also weigh the child’s age and maturity, recognizing that older children may have stronger preferences that influence the decision.

The type of custody arrangement also plays a role. For example, where one parent has sole custody, the court may be more inclined to allow relocation; in contrast, joint custody cases require a more nuanced balancing of each parent’s rights. Ultimately, the guiding principle remains the child’s welfare and the preservation of meaningful relationships with both parents.

Temporary Orders in Relocation Disputes

In some cases, the court may issue temporary custody or visitation orders while a move-away request is pending. Temporary orders can prevent a parent from relocating before the case is decided or can allow limited relocation under specific conditions. These interim measures are designed to protect the child’s stability during litigation and to prevent either parent from gaining an unfair advantage.

Enforcement Issues and Consequences of Unauthorized Relocation

Relocating a child without court approval or a written agreement can have severe consequences. Courts may order the return of the child, modify custody to favor the non-moving parent, or impose contempt penalties. Parents who relocate in violation of court orders risk losing primary custody altogether. Enforcement tools under Family Code §3048 and federal law ensure that custody arrangements are respected and that children are not wrongfully removed from their established residence.

Modification Standards and Changed Circumstances

A move-away request often triggers a motion to modify custody. Courts require a showing of changed circumstances that materially affect the child’s welfare. The relocating parent must demonstrate that the move benefits the child, while the opposing parent may argue that the relocation disrupts the child’s stability or undermines their best interests. Evidence of changed circumstances may include new employment, remarriage, improved living conditions, or access to educational opportunities.

Practical Considerations in Move-Away Orders

Beyond legal factors, courts also consider practical realities. Distance plays a significant role, as moves within California may be treated differently from relocations to another state or country. International moves often invite added scrutiny, especially when custody enforcement may be challenging. Financial issues are also important, including who bears the cost of travel for visitation and whether relocation alters child support obligations. In some cases, the child’s preferences, if age-appropriate, will be directly considered by the court.

FAQs About Move-Away Orders

Do I need court permission to move my child out of California?

Yes. A custodial parent cannot move a child out of state without either a written agreement from the other parent or a court order approving the relocation.

Can I move with my child if I have sole custody?

While sole custody provides more flexibility, the court must still determine that the move does not negatively impact the child’s welfare or relationship with the other parent.

What if my ex refuses to agree to relocation?

If the non-custodial parent objects, the dispute must be resolved through the court. Judges will evaluate whether relocation serves the child’s best interests.

Can temporary custody orders affect a move-away case?

Yes. Temporary orders may limit a parent’s ability to relocate while the court considers the final outcome.

What if my job requires me to move?

Employment opportunities can be a valid reason for requesting relocation, but the court still balances this against the child’s need for stability and continuity.

What happens if I move without permission?

Relocating without approval can result in contempt, loss of custody, or enforcement actions under both California and federal law.

Do courts treat mothers and fathers differently in move-away cases?

No. California law requires courts to make decisions based on the child’s best interests, regardless of the parent’s gender.

Get Legal Help with Move-Away Orders

Move-away disputes are among the most complex areas of family law. With statutes, case law, and federal rules intersecting, parents cannot afford to take chances. Whether you are seeking to relocate with your child or opposing a move that could reduce your time together, skilled legal representation is essential.

The attorneys at Reape Rickett Law Firm have decades of experience handling move-away and relocation cases in California. They understand how to present strong evidence, advocate for your parental rights, and protect your child’s stability.

Contact Reape Rickett Law Firm today at (888) 851-1611 to schedule a confidential consultation with an experienced family law attorney.