Child Visitation / Travel & Relocation
Travel & Relocation · Virginia

Crossing a border or moving a life.

A vacation abroad and a permanent move are very different things, and the law treats them differently. We help you handle travel the right way and navigate a relocation, the notice, the consent, and the objections, with your child's stability at the center.

First call is a conversation, not a commitment.

The Short Answer

Ordinary travel with your child is usually fine, but check your order: many require notice, an itinerary, and sometimes the other parent's consent, especially for international trips. A permanent move is different. A parent intending to relocate generally must give at least 30 days' advance written notice to the court and the other parent, who can object.

How It Works

Two very different journeys.

People often lump travel and relocation together, but the law sees them as separate problems. One is about a trip your child takes and comes home from. The other is about where your child's life is based. Getting the distinction right, and following the rules for each, is what keeps a summer trip or a job offer from turning into a custody dispute.

Traveling with your child

For a normal vacation, the first thing to do is read your order. Many parenting orders require you to give the other parent advance notice, share an itinerary and contact information, and sometimes obtain written consent, particularly for trips out of the country. Following those terms is not a formality. It is what protects you if a disagreement comes up later, and it keeps a trip from being treated as something it is not.

International travel and passports

Crossing a border raises the stakes. Well drafted orders often say who holds the child's passport and require a signed consent letter before an international trip. The reason is straightforward: a trip abroad is much harder to unwind than a drive to the beach, so courts and orders treat it with extra care. If you are planning international travel, sort out the passport and consent questions early, not at the airport.

Relocation is its own case

Moving with a child is one of the more serious questions in family law, because it changes the other parent's relationship with the child in a way a vacation never does. In Virginia, a parent who intends to relocate generally must give at least 30 days' advance written notice of the move to the court and to the other parent. That notice is not optional, and skipping it can seriously damage your position.

Notice, objection, and best interests

Once notice is given, the other parent can object. If they do, the court decides whether the move can go forward, weighing its effect on the child and on the child's relationship with the parent left behind, all under the best interests of the child. These cases are fact-heavy and hard to predict, which is exactly why they are worth handling carefully and early, whether you are the parent hoping to move or the one hoping to keep things close.

Ordinary travelUsually fine, but follow the order's notice, itinerary, and consent terms.
International tripsOften need a consent letter; orders may address who holds the passport.
Relocation noticeGenerally at least 30 days' advance written notice to court and the other parent.
If there's an objectionThe court decides under the best interests of the child.
SourceRelocation notice, Va. Code § 20-124.5; best interests, § 20-124.3.
Relocation Notice Is Not Optional

A parent planning to move generally must give advance written notice, usually at least 30 days, to the court and the other parent. Moving first and explaining later can badly damage your case. If a move is on the horizon, talk to us before you make any commitments.

Source: Va. Code § 20-124.5
Alisa Chunephisal, Esq., Founding Partner at NOVA Legal Professionals
Alisa Chunephisal, Esq.Founding Partner
Attorney Insight

A few honest things about moving.

"The worst thing you can do with a relocation is move first and ask permission later. The notice rules exist for a reason, and courts notice when you skip them."

Relocation cases are some of the hardest we handle, because there is rarely a villain. One parent has a real reason to move, a job, family, a fresh start, and the other has a real fear of losing daily contact with their child. Both are valid. What I tell every client is the same: do this by the book. Give the notice. Do not pack the truck before the court has weighed in. Whether you are the parent who wants to move or the one who wants to keep your child close, the side that follows the rules and keeps the focus on the child almost always fares better. Come talk to us before you decide anything.

Questions Parents Ask

Plain answers about travel and moving.

These are the questions parents ask most about trips and relocations. If yours is not here, we are happy to answer it directly.

Have a specific question? Call 571.260.0999 or send us a message.
Can I travel out of state or abroad with my child?

Usually yes for ordinary travel, but you have to check your order first. Many parenting orders require advance notice, an itinerary, and contact information, and some require the other parent's written consent, especially for international trips.

Following those terms keeps a vacation from turning into a court fight.

What are the rules for relocating with a child?

A parent who intends to relocate generally must give at least 30 days' advance written notice to the court and the other parent under Virginia Code § 20-124.5. The other parent can object, and the court then decides whether the move is allowed based on the best interests of the child.

Can the other parent stop a move?

They can object, and the court weighs the move carefully, looking at its effect on the child and on the child's relationship with the other parent. Relocation is one of the harder questions in family law, and the outcome depends heavily on the specific facts of each case.

What about passports and international trips?

Orders often address who holds the child's passport and require a signed consent letter for international travel. Because a trip abroad carries added risk, courts and well drafted orders treat international travel more carefully than a domestic vacation, and it is worth getting those terms clear in advance.

When You Are Ready

Planning a trip or a move?

Tell us what you are planning, a vacation abroad or a permanent relocation, and we will walk you through the notice, consent, and best-interests questions before you commit. Three offices across Northern Virginia, one phone number.