Do I Need My Ex’s Permission to Move With Our Children?

 Posted on June 12, 2026 in Child Custody

In Illinois, a parent who wants to move a significant distance with their children after a divorce or separation may need either the other parent's agreement or a judge's approval before making that move. This can be an emotionally charged situation, especially when the move is tied to a new job, a new relationship, or a chance at a better life. If you are thinking about relocating with your children or your ex has told you they plan to move in 2026, the Lisle, IL parental responsibilities lawyers at Roberts PC can help you understand your rights and what steps need to be taken.

What Does Illinois Law Say About Relocating With Children?

Illinois law addresses parental relocation in 750 ILCS 5/609.2. Under this statute, a parent who has the majority of parenting time and wants to move with the children must give written notice to the other parent before the move. Whether court approval is needed depends on how far the move is and whether the other parent agrees.

For moves within Illinois, the notice requirement is triggered when the move is more than 25 miles from the child's current residence if the parent lives in Cook, DuPage, Kane, Lake, McHenry, or Will County. For parents who live elsewhere in Illinois, the notice requirement is triggered when the move is more than 50 miles from the child's current residence. For any county, a move outside Illinois is considered a relocation if it is more than 25 miles from the child's current residence.

The relocating parent generally must provide at least 60 days' written notice to the other parent and file a copy with the court. The notice must include the intended date of the move, the new address if known, and the expected duration of the move if it is not permanent. Illinois law does not require the notice itself to include the reason for the move or a proposed parenting schedule.

What Happens if the Other Parent Objects to Relocation in Illinois?

If the other parent objects to the relocation, they have 21 days to file an objection with the court after receiving the notice. Once an objection is filed, the move cannot happen until a judge decides whether to approve it.

The court does not automatically approve or deny the move. Instead, a judge looks at a list of factors to decide whether the relocation is in the best interest of the children.

How Does the Court Decide Whether to Approve a Relocation?

When a judge has to decide whether to allow a move, the focus is entirely on what is best for the children. The court looks at the reason for the move and whether it is genuine, the impact the move would have on the children's relationship with the other parent, whether a new parenting schedule can realistically maintain that relationship, the children's ties to their school, friends, and community, and any other factor the judge believes is relevant to the children's wellbeing.

The parent who wants to move carries the burden of showing that the relocation serves the children's best interests. That means being prepared to present real evidence, not just your own opinion about why the move is a good idea. An attorney can help you build that case in a way that resonates with the court.

What if Both Parents Agree to the Move?

If both parents agree, the process is much simpler. The parents can work out a new parenting schedule together and submit an agreed order to the court for approval. Once the judge signs off, the move can happen.

Even when both parents agree, it is worth having an attorney review the new parenting schedule to make sure it is realistic, clearly written, and protects your rights going forward. Vague or poorly worded agreements can lead to new conflicts later.

What if a Parent Moves With Children Without Permission or Notice in Illinois?

If a parent moves with children without giving the required notice or without court approval when it is legally required, it can violate both Illinois law and the existing parenting order. A court can order the parent to return the children, find the parent in contempt of court, and modify the parenting arrangement, which may result in more parenting time being awarded to the other parent.

Even if the parent believes the move is in the children’s best interests, bypassing the legal process can seriously damage the case. Illinois courts expect parents to follow the proper relocation procedures before making any significant move with a child.

What Role Do the Children's Preferences Play in a Parental Relocation Case?

Illinois courts can consider a child's preference as one factor in relocation decisions. However, it is not automatically the deciding factor. Judges look at the child's age, maturity, and the reasons behind their preference. An older teenager's well-reasoned preference may carry more weight than a young child's. An attorney can advise you on how to present this information effectively to the court.

Schedule a Free Consultation With Our Wheaton, IL Child Custody Attorneys

Whether you are hoping to relocate or trying to figure out what your rights are, you need a representative who understands both the legal process and what is really at stake for your family. Our Lisle, IL parental responsibilities lawyers will work hard to reach a fair settlement that saves you time and money. If a settlement is not possible, we are fully prepared to take your case to trial and fight for your children. Every client gets Attorney Chuck Roberts’s personal cell phone number and email address for direct assistance. Contact Roberts PC by calling 630-668-4211 to schedule your free consultation today.