Relocation Notice

NOTICE OF INTENT TO RELOCATE WITH MINOR CHILD(REN)

Pursuant to California Family Code Section 3024

Table of Contents

1. Case Information
2. Identification of Parties and Children
3. Current Residence Information
4. Proposed New Residence
5. Date and Duration of Proposed Relocation
6. Reasons for Proposed Relocation
7. Proposed Modified Custody and Visitation Schedule
8. Good Faith Statement
9. Right to Object
10. Certificate of Service
11. California-Specific Notes

1. Case Information

Court: Superior Court of California, County of [________________________________]

Case Number: [________________________________]

Department: [________________________________]

2. Identification of Parties and Children

Relocating Parent:

Non-Relocating Parent:

Minor Child(ren) Subject to This Notice:

3. Current Residence Information

The minor child(ren) currently reside(s) at:

Address: [________________________________]

City/State/Zip: [________________________________]

County: [________________________________]

School District: [________________________________]

4. Proposed New Residence

New Address: [________________________________]

City/State/Zip: [________________________________]

County: [________________________________]

New School District (if applicable): [________________________________]

Approximate Distance from Current Residence: [________________________________] miles

5. Date and Duration of Proposed Relocation

Proposed Move Date: [__/__/____]

Duration of Relocation:

☐ Permanent

☐ Temporary (anticipated return date: [__/__/____])

6. Reasons for Proposed Relocation

The relocating parent seeks to change the child(ren)'s residence for the following reasons:

[________________________________]

[________________________________]

[________________________________]

7. Proposed Modified Custody and Visitation Schedule

The relocating parent proposes the following revised custody and visitation schedule to ensure the non-relocating parent maintains a meaningful relationship with the child(ren):

Regular Visitation:

[________________________________]

[________________________________]

Holiday and School Break Schedule:

[________________________________]

[________________________________]

Summer Visitation:

[________________________________]

Transportation Arrangements:

[________________________________]

Communication Schedule (phone, video, etc.):

[________________________________]

8. Good Faith Statement

I, [________________________________], declare under penalty of perjury under the laws of the State of California that this proposed relocation is made in good faith, for legitimate reasons, and not for the purpose of interfering with the non-relocating parent's custody or visitation rights. I am committed to facilitating and supporting the continued relationship between the child(ren) and the non-relocating parent.

Signature: ___________________________________

Date: [__/__/____]

9. Right to Object

NOTICE TO THE NON-RELOCATING PARENT:

Pursuant to California law, you have the right to object to this proposed relocation. If you do not consent to the relocation, you may:

1. Request mediation through the court's Family Court Services to attempt to reach a new custody agreement.

2. File a motion (Order to Show Cause or Notice of Motion) with the Superior Court requesting that the court prevent the relocation or modify the custody order.

3. Seek emergency relief if you believe the move poses an immediate risk of harm to the child(ren).

Burden of Proof: Under California case law (Marriage of LaMusga (2004) 32 Cal.4th 1072), if the relocating parent is the primary custodial parent, the non-relocating parent generally bears the initial burden of showing that the proposed move would cause detriment to the child. In cases of joint physical custody, the parent seeking to relocate bears the burden of demonstrating the move is in the child's best interests.

10. Certificate of Service

I, [________________________________], declare that on [__/__/____], I served a true and correct copy of this Notice of Intent to Relocate upon the following person(s) by the method(s) indicated:

Non-Relocating Parent:

Non-Relocating Parent's Attorney (if applicable):

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Signature: ___________________________________

Printed Name: [________________________________]

Date: [__/__/____]

11. California-Specific Notes

No Statutory Distance Threshold: Unlike many states, California does not impose a specific mileage threshold that triggers the relocation notice requirement. Cal. Fam. Code § 3024 applies to any change of residence lasting more than 30 days.

45-Day Notice Period: To the extent feasible, notice must be provided at least 45 days before the proposed move to allow time for mediation. (Cal. Fam. Code § 3024.)

Service Method: Notice must be sent by mail, return receipt requested, postage prepaid, to the last known address of the parent to be notified. A copy must also be sent to that parent's counsel of record. (Cal. Fam. Code § 3024.)

Key Case Law:

• Marriage of Burgess (1996) 13 Cal.4th 25 — Established that a custodial parent has a presumptive right to relocate with a child, subject to the court's power to restrain the move if it would prejudice the child's welfare.
• Marriage of LaMusga (2004) 32 Cal.4th 1072 — Clarified that the noncustodial parent bears the initial burden of showing detriment to the child; if met, the court must perform a full best-interests analysis.

Best Interest Factors: California courts consider the totality of circumstances, including the child's relationship with both parents, the child's stability and continuity of environment, the distance of the move, the age of the child, the reason for the move, and the feasibility of preserving the non-relocating parent's relationship with the child.

Court Order Requirement: Section 3024 states that the court "may specify" the notice requirement. If your custody order does not contain a § 3024 notice provision, providing notice is still strongly recommended but may not be legally mandated. Consult with an attorney.

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed California family law attorney before taking any action regarding parental relocation.