Understanding how relocation cases move through the legal system can help you prepare strategically and avoid unnecessary confusion or delays.
1. Pre-Decree vs. Post-Decree Relocation Cases
1.1 What Is a Pre-Decree Relocation?
A pre-decree relocation occurs when a parent wants to move before any permanent custody or parenting plan has been ordered by the court. This situation often arises during a pending divorce or a new parental responsibilities case.
In pre-decree cases, the court has broad discretion to determine what parenting arrangement serves the child’s best interest. Judges may allow the move temporarily or require the child to remain local until the case is resolved. The final outcome will be folded into the permanent parenting plan.
Because there is no existing order, courts are more flexible. However, both parents must still follow local rules regarding notice and temporary agreements.
1.2 What Is a Post-Decree Relocation?
A post-decree relocation occurs after a final parenting plan has been entered by the court. In these cases, the relocating parent must usually file a formal motion to modify the existing order — often referred to as a motion to relocate or motion to modify parenting time.
Post-decree relocations are typically subject to stricter standards. The court will evaluate whether a material change in circumstances has occurred and whether the proposed move supports the child’s best interest. Some states require a higher burden of proof once a stable arrangement is already in place.
Understanding whether your situation is pre- or post-decree helps determine what steps you must take and what legal thresholds apply.
2. Notice and Objection Requirements
2.1 Giving Notice of Intent to Relocate
In most jurisdictions, the parent requesting relocation must provide written notice to the other parent in advance — often 30 to 60 days before the proposed move. This notice typically must include:
- The proposed relocation address
- The reason for the move
- A proposed revised parenting plan
- Travel arrangements and cost-sharing details
Some states have strict statutory language requirements. Others allow for informal notice as long as it’s in writing and timely. Failure to provide proper notice can result in legal sanctions or delay your case.
2.2 Objecting to the Proposed Move
If you receive a notice of relocation and oppose the move, you generally have a limited window to file a formal objection or response with the court. This may be called an objection, response to motion, or counter-motion — depending on your state.
Objecting does not automatically prevent the move. It simply triggers judicial review. Courts will then evaluate both parents’ positions and set the case for mediation or hearing. If you miss the objection deadline, the court may allow the relocation by default.
Respond promptly, and seek legal guidance as early as possible if you’re unsure how to respond.
3. Mediation, Evaluations, and Expert Involvement
3.1 When Courts Require Mediation
Many family courts require parties to attempt mediation before scheduling a relocation hearing. This gives parents an opportunity to resolve the dispute without a trial and often helps clarify what each party is willing to compromise on.
Mediation is confidential and facilitated by a neutral third party. If an agreement is reached, it can be submitted to the court for approval. If not, the case proceeds to litigation.
Even when emotions are high, mediation can be productive — especially if parents come prepared with proposals that are focused on the child’s needs.
3.2 Custody Evaluations and Investigations
In contested relocation cases, judges may appoint a custody evaluator or investigator. These professionals assess each parent’s home, relationship with the child, and ability to meet the child’s needs. They often interview the parents, child, and relevant collateral contacts (e.g., teachers, doctors, counselors).
The evaluator submits a report to the court with findings and recommendations. While the court is not required to follow the report, judges often give substantial weight to its conclusions.
If an evaluator is appointed in your case, take the process seriously. Your communication, preparation, and cooperation may influence the outcome.
3.3 The Role of Parenting Coordinators and Decision-Makers
In high-conflict cases, courts may assign a Parenting Coordinator (PC) to facilitate ongoing communication or a Decision-Maker (DM) with limited authority to resolve specific disputes. These professionals are often used after the relocation has been approved to help manage implementation or compliance.
They are not substitutes for judges, but they can reduce litigation and provide structure in complex parenting situations.
Working with these professionals requires clear boundaries, respectful tone, and prompt responses — all of which reflect your commitment to co-parenting.
4. Hearings, Evidence, and the Judge’s Decision
4.1 What Happens at a Relocation Hearing
If the case is not resolved through mediation, it proceeds to a formal hearing. This may last several hours or multiple days, depending on complexity. Both parents may present evidence, call witnesses, and submit documents.
Common topics at relocation hearings include:
- Motivation for the move
- Impact on parenting time
- Quality of relationships with each parent
- Feasibility of maintaining long-distance contact
- Educational and community support in both locations
The judge will make findings based on testimony and evidence, then issue a written decision approving or denying the relocation.
4.2 Types of Evidence That Matter
Effective relocation cases rely on evidence — not emotion. Useful documentation includes:
- Report cards, school letters, or IEPs
- Housing contracts, job offers, or financial records
- Travel schedules and proposed parenting plans
- Expert reports (e.g., custody evaluation or therapist input)
- Prior communication logs showing cooperation or conflict
Judges are less interested in who is “right” and more interested in who is prepared. Organizing your evidence clearly shows that your position is grounded in planning, not just preference.
4.3 Appealing the Court’s Ruling
In most cases, relocation decisions are final unless appealed within a narrow timeframe. Appeals must be based on legal error or abuse of discretion — not disagreement with the outcome.
Appeals are time-sensitive and procedurally strict. If you are considering this route, consult with an appellate attorney promptly.
Keep in mind: even if the ruling doesn’t go your way, maintaining your parenting role with professionalism and consistency may improve future outcomes or allow for modification later.
5. CR360 Can Help You Navigate the Process with Confidence
Relocation cases involve multiple stages, unfamiliar rules, and emotional pressure. At CR360, we help you understand what’s required, what’s optional, and how to prepare at each step.
We provide:
- State-specific legal education
- Tools for crafting relocation parenting plans
- Guidance on working with evaluators, mediators, and decision-makers
- Practical checklists for evidence, notice, and communication
Whether you’re requesting or resisting a move, you don’t need to be perfect — but you do need to be prepared. With the right tools, you can present your position with clarity and protect your child’s long-term stability.