Can I Move Out of Oregon With My Children?

If you have a custody or parenting time order and you’re thinking about moving, Oregon law requires you to take specific steps before you go – even if you’re only moving within the state. Getting this wrong can have serious consequences, including contempt of court or losing custody altogether. As we saw in Petty and Petty, 347 Or App 159 (2026), a parent who relocated children without court permission found himself on the losing end of a lengthy legal battle that ultimately cost him custody. Here is what you need to know.

The 60-Mile Rule

Under ORS 107.159, every Oregon custody and parenting time order must include a provision prohibiting either parent from moving to a residence more than 60 miles further from the other parent without first providing written notice. The key measurement is not how far you’re moving from your current home – it’s how much further the move puts you from the other parent. A move from Portland to Bend, for example, would almost certainly trigger the notice requirement if the other parent remains in the Portland metro area.

The statute applies whether you are moving within Oregon or leaving the state entirely.

How Much Notice Do You Need to Give?

The statute requires “reasonable notice,” but does not define a specific number of days. As a practical matter, Oregon family law courts generally expect written notice of at least 60 days before the planned move date. That notice must also be provided to the court. Do not treat notice as a formality – it is a legal requirement under your custody order, and failing to give it at all is a violation of that order.

What Happens After You Give Notice?

Notice does not give you the right to move. It opens the door to a legal process. After receiving notice, the other parent may accept the move, negotiate a modified parenting plan to accommodate the new distance, or object and file a motion with the court to block the relocation or modify custody.

If the other parent objects, a judge will evaluate the proposed move under the best-interests standard set out in ORS 107.137. The court will consider factors including the child’s relationship with each parent, the reason for the move, whether the move is made in good faith or as an attempt to limit the other parent’s contact, and whether a modified parenting plan can preserve the child’s relationship with both parents. A parent’s desire to move for legitimate reasons – a new job, remarriage, proximity to family – is not automatically disqualifying, but the burden is on the moving parent to demonstrate that the relocation serves the child’s best interests, not just their own.

What If There Is No Custody Order?

If you do not have a custody order and are not yet involved in a legal proceeding, the situation is different but no less complicated. Oregon courts have jurisdiction over children who have lived here for at least six months (or since birth). If you leave Oregon with your children before a court order is in place, the other parent can file for custody and Oregon courts will generally retain jurisdiction to decide the case. Moving out of state does not strip Oregon of its authority under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

What If You Need to Leave to Protect Yourself or Your Children?

If you are fleeing domestic abuse, there is a narrow exception. Under ORS 107.721, a petitioner who has obtained a FAPA restraining order may relocate without providing the standard notice otherwise required to preserve their safety. This exception exists specifically to protect abuse survivors from being forced to disclose a new address to their abuser.

What Are the Consequences of Moving Without Notice?

Moving without giving the required notice – or moving while a court has ordered the children to remain in Oregon – can be treated as a violation of your custody order. Courts take this seriously. In Petty and Petty, the father’s unauthorized relocation of the children to Illinois led to a status quo order, emergency custody proceedings, and ultimately a modification of custody in the mother’s favor. While the immediate danger order was reversed on appeal, the father’s conduct significantly damaged his standing throughout the litigation.

A parent who relocates in violation of a court order risks contempt proceedings, an emergency hearing, and – most importantly – a custody modification that they may not like. Courts do not reward unilateral action when it comes to children.

The Bottom Line

Relocation cases are among the most contested and emotionally difficult matters in family law. If you are considering a move, the time to speak with an attorney is before you give notice – not after. The right approach depends on the specifics of your custody order, the distance involved, the likely reaction of the other parent, and how a court is likely to view your reasons for moving.