Packing Up and Moving
Don’t Forget to Tell Y
It’s moving day. You’re
moving from Portland to Eugene to start a new job and be closer toyour boyfriend of 3 months. The truck is packed, the kids are in their car seats, your movingchecklist is
complete, and it’s time to start a new life and a new job in Eugene. One small
problem, you forgot to notify your ex-husband, and father of the kids, that you were moving.Surely
a small oversight. You think you will just tell him once the move has beencompleted, right?Wrong. In Oregon, every divorce judgment must have a provision that states that neither parentmay move to a residence more than 60 miles from the other parent without providing the otherparent reasonable notice and providing notice of the move to the court. This provision allows the
parent that is not moving to object to the move or try to rework the parenting plan so that it’s
more convenient for both parents.Reasonable notice is not defined. Certainly notice the day of
the move isn’t reasonable. The
amount of notice necessary depends on the distance of the move, the purpose behind the move,and when you found out that you needed to move. A month is probably reasonable notice inmost circumstances, but the best measuring stick is to tell the other parent about the move andprovide written notice as soon as the decision is made.
Since our courts aren’t models of efficiency, if the other parent files an objection to the move,
the case may not be heard for two or more months. During that time, you probably will not beallowed to move.So why not move first, provide notice later? Erase that thought immediately.If you fail to provide notice you can be held in contempt of court which can result in losingcustody of the children. Judge
s don’t like their orders to be violated, and don’t like it when
t consider the children or the other parent before deciding to uproot the children toa new city.The judge will need to determine whether the move is in the
s best interest. Moving because you want to be closer to your boyfriend
fly unless there are other reasons pushing the move.
In determining what is within the child’s best interest,
judges will look at: whether the child
needs are better served by the move; whether the moving parent will continue to foster theparent-child relationship between the other parent and the child; the reason for the move; theemotional ties between the parent
that’s not moving
and the child; whether the non-movingparent was regularly exercising parenting time; whether there is abuse; etcetera. This is not anexclusive list.