Moving Away With a Child in Oregon: Relocation Notice, Distance Rules and Burden of Proof
In Oregon, a custody judgment must say neither parent may move more than 60 miles further from the other without reasonable notice to the other parent and a copy to the court. The statute names no consent rule, notice period or burden of proof.
What does the Oregon relocation law say?
In any order or judgment granting custody and parenting time or visitation, the court shall include a provision requiring that neither parent may move to a residence more than 60 miles further distant from the other parent without giving the other parent reasonable notice of the change of residence and providing a copy of the notice to the court (ORS 107.159(1)).
| Question | What the statute says |
|---|---|
| Statute | ORS 107.159 |
| When it applies | In any order or judgment granting custody and parenting time or visitation |
| Distance trigger | A move to a residence more than 60 miles further distant from the other parent |
| What is required | Reasonable notice to the other parent, with a copy to the court |
| Suspension | The court may suspend the requirement for good cause on a parent’s motion |
| Burden of proof | None stated in the section |
Is the other parent’s consent required in Oregon?
The statute requires reasonable notice, not consent, and names no notice period or burden of proof; it does not itself give the other parent a right to block the move. We did not read the Oregon decisions on relocation for this page, so ask a licensed Oregon attorney how a court weighs a move today.
Can the notice requirement be waived in Oregon?
Yes. A parent is not required to give notice if the court, on an ex parte or other motion and for good cause, enters an order suspending the requirement (107.159(2)).
Do parents have to keep each other informed in Oregon?
Unless the court orders otherwise, both parents have a continuing responsibility, once a custody or protective order is issued, to provide addresses and contact telephone numbers to the other parent and to notify the other parent of emergencies or substantial changes in the child’s health (107.164).
Can the parenting plan address a move in Oregon?
Yes. A detailed parenting plan may include provisions on relocation of parents (107.102(3)(f)), which is the best place to agree on notice and a revised schedule.
What about support and the schedule after a move in Oregon?
A longer distance can change the schedule and the overnights. Recount with the Oregon parenting time calculator and run the Oregon child support calculator.
Does the 60-mile measure use the child’s residence in Oregon?
The statute measures a move by a parent to a residence more than 60 miles further distant from the other parent, so it looks at the distance between the parents’ homes, not the distance moved; ask a licensed Oregon attorney how your case is measured.
Must the judgment contain the notice provision in Oregon?
Yes. The court shall include the provision in any order or judgment granting custody and parenting time or visitation, except for an order under the abuse prevention act (ORS 107.700 to 107.735) (107.159(1)).
What should you do before moving in Oregon?
Read your judgment and parenting plan for a relocation clause, give the other parent written notice and file a copy with the court before the move, and ask a licensed Oregon attorney about timing and what the other parent can ask the court to do.
Frequently asked questions
Do I need to give notice before moving with my child in Oregon?
Yes, reasonable notice to the other parent with a copy to the court if you move more than 60 miles further from them.
Is there a distance rule for moving in Oregon?
Yes. 60 miles further distant from the other parent.
Do I need the other parent’s consent to move in Oregon?
The statute asks for notice, not consent; ask a licensed attorney about case law.
Who has the burden of proof in an Oregon relocation case?
The statute names none.
Does a move change Oregon child support?
It can, if it changes the overnights.
Official sources
- ORS chapter 107: custody, parenting plans and notice of change of residence (107.101, 107.102, 107.105, 107.137, 107.159, 107.169)
- Oregon Child Support Guidelines and commentary: parenting time credit (OAR 137-050-0730)
- ORS 107.164: parents’ duty to provide information
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Oregon statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Oregon attorney.