What differentiates relocation from a simple change in residence?

Relocation often involves more complex considerations than a simple change in residence, particularly in the context of family law. One key differentiator is the presence of a custody agreement. When parents share custody or have a parenting plan in place, any substantial change in the living arrangements of a custodial parent—especially one involving relocation—can impact the existing custody arrangement.

Custody agreements often stipulate conditions regarding relocation, requiring the custodial parent to notify the non-custodial parent or, in some cases, to seek the court’s approval before moving. This framework aims to protect the best interests of the child and ensure that both parents remain involved and can maintain a meaningful relationship despite changes in geographical proximity. In contrast, a simple change in residence that does not affect custody arrangements—where there is no existing agreement or conflict—does not require the same level of legal scrutiny or procedural steps.

The length of time spent at the new residence, the parent's intention, and approval from the court are relevant factors but do not carry the same foundational weight as a custody agreement when determining whether an action constitutes relocation or a mere change in residence. Each of those other elements may play a role in specific cases, but the need for adherence to custody agreements fundamentally shapes the