Summer is supposed to be a time of rest, adventure, and making memories with your kids. But when one parent plans to relocate — even temporarily — during the summer months, it can quickly become one of the most stressful seasons for co-parents. Whether the move is across the city, to another state, or even out of the country, a relocation during summer can disrupt established child custody schedules and raise serious legal questions that need to be addressed before anything is packed into a moving truck.
If a relocation is already happening or on the horizon, do not wait to take action — reach out to Claery & Hammond, LLP today through our online contact form or by calling (310) 817-6904 to speak with a member of our team.
Why Summer Relocations Are More Common Than You Think
Summer is a popular time for families to move. Job transfers, new relationships, housing changes, and the appeal of starting fresh before a new school year can all motivate a parent to plan a relocation between June and August. For many co-parents, this timing feels ideal because it seems to fall outside the normal school-year custody routine. However, "outside the school year" does not mean "outside the law." Custody orders and parenting plans don't go on vacation just because the kids do.
In California, a parent who shares legal or physical custody of a child generally cannot simply pack up and move — even temporarily — without either the other parent's agreement or court approval. The same principle applies to taking the child out of state for an extended period during the summer if it conflicts with the existing parenting plan.
What California Law Says About Relocation
California family law recognizes two types of relocation situations: permanent moves and temporary ones. Both can have legal implications when children are involved.
For a permanent move, a parent seeking to relocate with the children must file what is often called a "move-away" request with the court. The court will then weigh a number of factors, including the reason for the move, the distance involved, the child's relationship with both parents, and — importantly — the best interests of the child.
For temporary moves, such as taking the children to another state or country for the summer, the situation can be less clear-cut but is no less important. If your current parenting plan does not address this type of absence, the relocating parent may still need written consent from the other parent or approval from the court. Courts in California take parental access seriously, and any arrangement that significantly limits one parent's time with the child during the summer will be scrutinized.
How a Summer Relocation Can Affect Child Custody
When a parent relocates during the summer — with or without the child — it can have ripple effects on the existing child custody arrangement. Here is what co-parents often need to consider:
If the relocating parent is moving without the children, it may still affect the established schedule if that parent is supposed to have parenting time during the summer. In that case, the other parent may end up with more time by default, which can create confusion and conflict if not handled properly.
If the relocating parent wants to take the children with them, this can effectively reduce the other parent's access for weeks or months at a time. Depending on the current custody order, this could constitute a violation of the parenting plan — even if the intent was not to cause harm.
When a Custody Modification May Be Needed
Relocation — whether temporary or permanent — is one of the most common reasons co-parents seek a custody modification. A modification is a formal change to an existing custody or visitation order. Courts in California will approve a modification if there has been a significant change in circumstances and if the change is in the child's best interests.
Examples of circumstances that might warrant a modification include:
- A parent is permanently moving to another city, county, or state
- One parent's summer relocation significantly reduces the other parent's parenting time
- The children will be attending school in a different district, affecting logistics
- Work schedules or caregiving situations have shifted dramatically
- A parent is relocating internationally, requiring updated legal safeguards such as travel consent forms
These are not minor adjustments — they can permanently reshape how custody is structured. If you believe your circumstances meet this threshold, speaking with a Los Angeles family law attorney as early as possible can make a meaningful difference.
Once you have secured legal guidance, the process of pursuing a modification typically involves documenting the changed circumstances clearly, filing the appropriate paperwork with the court, and attending any required hearings. Courts want to see that both parents have considered the child's needs first.
Can You Resolve This Without Going to Court?
Not every relocation dispute needs to end up in a courtroom. In many cases, mediation offers a constructive path forward. Mediation is a process where both parents meet with a neutral third party — the mediator — to discuss their concerns and try to reach a mutual agreement. It is typically less adversarial than litigation, faster, and more cost-effective.
In California, mediation is often required before a judge will hear a contested custody matter. Even if it is not required in your specific case, choosing to mediate voluntarily shows the court that you are acting in good faith and prioritizing your child's well-being over conflict.
Here is what the mediation process generally looks like in a custody relocation dispute:
- Both parents meet separately or together with a trained mediator
- Each parent shares their concerns, preferences, and proposed solutions
- The mediator facilitates productive dialogue without making decisions for you
- If an agreement is reached, it is typically put in writing and submitted to the court for approval
- If no agreement is reached, the matter moves forward to a judge for a decision
Mediation is not a guaranteed resolution, but it gives both parents a chance to have their voices heard in a structured setting. Many co-parents find that agreements reached through mediation are more durable because both parties had a hand in crafting them.
What the Non-Relocating Parent Should Do
If you have learned that your co-parent is planning a summer relocation — and you are concerned about how it will affect your time with your child — it is important to act quickly and calmly. Reacting with hostility can complicate the legal process. Instead, focus on gathering information, reviewing your current custody order, and consulting a Los Angeles family law attorney who can help you understand your rights.
There are steps you can take right away to protect your parenting relationship:
- Review your existing parenting plan or custody order for any language about relocation or travel
- Document any communications with your co-parent about the planned move
- Avoid taking any unilateral action, such as withholding the children from the other parent, as this can backfire legally
- Reach out to a family law attorney to understand whether an emergency court order might be appropriate
Taking proactive steps signals to the court that you are serious about your parental role and that you want a fair resolution. Courts are not looking for perfection — they are looking for parents who put their children first.
What the Relocating Parent Should Do
If you are the parent planning to move this summer — whether you intend to take the children with you or not — it is equally important to handle the situation through proper legal channels. Informing your co-parent early, putting agreements in writing, and consulting with an attorney can prevent a manageable situation from becoming a contentious legal dispute.
If you need to modify the existing custody arrangement to reflect your new circumstances, an attorney can walk you through that process and help you file the necessary paperwork. Acting in good faith and keeping communication open can go a long way toward a smoother transition for everyone involved, especially your children.
Speak with a Los Angeles Family Law Attorney About Your Relocation Situation
Summer may come and go quickly, but the effects of a relocation on your child custody arrangement can last far longer. Whether you are the parent planning to move or the parent concerned about losing time with your children, understanding your rights under California law is the first step toward making informed decisions.
At Claery & Hammond, LLP, we understand how much is at stake when your family's structure is being reshaped. Our team works closely with co-parents navigating relocation, modifications, and mediation to help them find clarity and move forward with confidence. If you are facing a summer relocation situation, do not wait until the school year to address it. Reach out to Claery & Hammond, LLP today through our online contact form or call (310) 817-6904 to schedule a consultation with a Los Angeles family law attorney.