A. If by written agreement or court order both parents are entitled to joint legal decision-making or parenting time and both parents reside in the state, at least forty-five days' advance written notice shall be provided to the other parent before a parent may do either of the following:
1. Relocate the child outside the state.
2. Relocate the child more than one hundred miles within the state.
B. The notice required by this section shall be made by certified mail, return receipt requested, or pursuant to the Arizona rules of family law procedure. The court shall sanction a parent who, without good cause, does not comply with the notification requirements of this subsection. The court may impose a sanction that will affect legal decision-making or parenting time only in accordance with the child's best interests.
C. Within thirty days after notice is made the nonmoving parent may petition the court to prevent relocation of the child. After expiration of this time any petition or other application to prevent relocation of the child may be granted only on a showing of good cause. This subsection does not prohibit a parent who is seeking to relocate the child from petitioning the court for a hearing, on notice to the other parent, to determine the appropriateness of a relocation that may adversely affect the other parent's legal decision-making or parenting time rights.
D. Subsection A of this section does not apply if provision for relocation of a child has been made by a court order or a written agreement of the parties that is dated within one year of the proposed relocation of the child.
E. If a child is relocated pursuant to this section, unless otherwise ordered by the court, all parties must continue to comply with current court orders, regardless of distance moved or notice required.
F. Pending the determination by the court of a petition or application to prevent relocation of the child:
1. A parent with sole legal decision-making or a parent with joint legal decision-making and primary residence of a child who is required by circumstances of health, safety, employment or eviction of that parent or that parent's spouse to relocate in less than forty-five days after written notice has been given to the other parent may temporarily relocate with the child.
2. A parent who shares joint legal decision-making and substantially equal parenting time and who is required by circumstances of health, safety, employment or eviction of that parent or that parent's spouse to relocate in less than forty-five days after written notice has been given to the other parent may temporarily relocate with the child only if both parents execute a written agreement to permit relocation of the child.
G. The court shall determine whether to allow the parent to relocate the child in accordance with the child's best interests. The burden of proving what is in the child's best interests is on the parent who is seeking to relocate the child. To the extent practicable the court shall also make appropriate arrangements to ensure the continuation of a meaningful relationship between the child and both parents.
H. The court shall not deviate from a provision of any parenting plan or other written agreement by which the parents specifically have agreed to allow or prohibit relocation of the child unless the court finds that the provision is no longer in the child's best interests. There is a rebuttable presumption that a provision from any parenting plan or other written agreement is in the child's best interests.
I. In determining the child's best interests the court shall consider all relevant factors including:
1. The factors prescribed under section 25-403.
2. Whether the relocation is being made or opposed in good faith and not to interfere with or to frustrate the relationship between the child and the other parent or the other parent's right of access to the child.
3. The prospective advantage of the move for improving the general quality of life for the custodial parent or for the child.
4. The likelihood that the parent with whom the child will reside after the relocation will comply with parenting time orders.
5. Whether the relocation will allow a realistic opportunity for parenting time with each parent.
6. The extent to which moving or not moving will affect the emotional, physical or developmental needs of the child.
7. The motives of the parents and the validity of the reasons given for moving or opposing the move including the extent to which either parent may intend to gain a financial advantage regarding continuing child support obligations.
8. The potential effect of relocation on the child's stability.
J. The court shall assess attorney fees and court costs against either parent if the court finds that the parent has unreasonably denied, restricted or interfered with court-ordered parenting time.
K. Pursuant to section 25-403.06, each parent is entitled to have access to prescription medication, documents and other information about the child unless the court finds that access would endanger seriously the child's or a parent's physical, mental, moral or emotional health.
Notes of Decisions
Cited in
89
cases (
34 in the last 5 years), 1997–2026 · leading case:
Vincent v. Nelson, 357 P.3d 834 (Ariz. Ct. App. 2015).
Vincent v. Nelson, 357 P.3d 834 (Ariz. Ct. App. 2015).
· cites it 34× “The court informed Mother that under A.R.S. § 25-408, she could not relocate the children more than 100 miles from her address in Phoenix without Father’s agreement or the court’s approval.”
Thompson v. Thompson, 176 P.3d 722 (Ariz. Ct. App. 2008).
· cites it 38× “The court refused to enjoin Mother’s relocation, finding A.R.S. § 25-408 inapplicable because Mother “[wa]s only moving 90 miles away.”
Reid v. Reid, 213 P.3d 353 (Ariz. Ct. App. 2009).
· cites it 20× “2003) (holding that the family court abused its discretion in changing the primary residential parent and altering the parenting time schedule without making the required findings on the record in a contested custody case brought under the relocation statute, A.R.S. § 25-408);…”
Marriage of Woodworth v. Woodworth, 42 P.3d 610 (Ariz. Ct. App. 2002).
· cites it 39× “¶ 9 Section 25-408 provides for, among other things, the visitation rights of a non-custodial parent.”
Sheehan v. Flower, 170 P.3d 288 (Ariz. Ct. App. 2007).
· cites it 44× “We hold AR.S. § 25-408 is inapplicable to grandparent visitation and affirm the superior court’s decision rejecting a grandparent’s efforts to enforce her visitation rights under this statute.”
Owen v. Blackhawk, 79 P.3d 667 (Ariz. Ct. App. 2003).
· cites it 14× “¶ 9 Father argues that detailed findings of fact are not required under A.R.S. § 25-408, only under A.R.S. § 25-403(J), which father asserts does not apply to this case.”
Gutierrez v. Hon. fox/kivlighn, 394 P.3d 1096 (Ariz. Ct. App. 2017).
· cites it 9× “¶ 44 Mother further argues this was not a relocation case and the superior court erred by considering relocation factors under A.R.S. § 25-408. We agree that this is not a relocation case under A.”
Murray v. Murray, 367 P.3d 78 (Ariz. Ct. App. 2016).
· cites it 9× “Subpart (I) of § 25-408 further requires the court considering a relocation petition to take into account “all relevant factors” relating to the child’s best interests, including “[t]he factors prescribed under § 25^403.”
Munari v. Hotham, 177 P.3d 860 (Ariz. Ct. App. 2008).
· cites it 26× “2007), which held that the word “parent” as used in A.R.S. § 25-408 (2007) *602 (governing the parental rights applicable in child relocations), does not include grandparents.”
Backstrand v. Backstrand, 479 P.3d 846 (Ariz. Ct. App. 2020).
· cites it 6× “¶5 In his petition to prevent relocation, Father alleged the move was not in Lola’s best interests under the factors specified in A.R.S. § 25-408(I). While Father’s petition was pending, Mother sent an email to Father stating she planned to move with Lola to Las Vegas on October…”
Egan v. Fridlund-Horne, 211 P.3d 1213 (Ariz. Ct. App. 2009).
· cites it 12× “3d at 288 (holding that the procedural rights of § 25-408, including the right to advance notice of the custodial parent's out-of-state relocation, is not applicable to grandparent visitation).”
Buencamino v. Noftsinger, 221 P.3d 41 (Ariz. Ct. App. 2009).
· cites it 12× “APPLICABILITY OF THE RELOCATION PROVISIONS OF A.R.S. § 25-408 ¶ 6 The family court judge, in denying the motion for new trial, explained that she had considered the factors set forth in A.”
— Ariz. Rev. Stat. § 25-408(1) — 3 cases
Reid v. Reid, 213 P.3d 353 (Ariz. Ct. App. 2009).
“2003) (holding that the family court abused its discretion in changing the primary residential parent and altering the parenting time schedule without making the required findings on the record in a contested custody case brought under the relocation statute, A.R.S. § 25-408);…”
Gutierrez v. Hon. fox/kivlighn, 394 P.3d 1096 (Ariz. Ct. App. 2017).
“¶ 44 Mother further argues this was not a relocation case and the superior court erred by considering relocation factors under A.R.S. § 25-408. We agree that this is not a relocation case under A.”
Buencamino v. Noftsinger, 221 P.3d 41 (Ariz. Ct. App. 2009).
“APPLICABILITY OF THE RELOCATION PROVISIONS OF A.R.S. § 25-408 ¶ 6 The family court judge, in denying the motion for new trial, explained that she had considered the factors set forth in A.”
— Ariz. Rev. Stat. § 25-408(A) — 23 cases
Vincent v. Nelson, 357 P.3d 834 (Ariz. Ct. App. 2015).
“The court informed Mother that under A.R.S. § 25-408, she could not relocate the children more than 100 miles from her address in Phoenix without Father’s agreement or the court’s approval.”
Egan v. Fridlund-Horne, 211 P.3d 1213 (Ariz. Ct. App. 2009).
“3d at 288 (holding that the procedural rights of § 25-408, including the right to advance notice of the custodial parent's out-of-state relocation, is not applicable to grandparent visitation).”
Murray v. Murray, 367 P.3d 78 (Ariz. Ct. App. 2016).
“Subpart (I) of § 25-408 further requires the court considering a relocation petition to take into account “all relevant factors” relating to the child’s best interests, including “[t]he factors prescribed under § 25^403.”
Marriage of Woodworth v. Woodworth, 42 P.3d 610 (Ariz. Ct. App. 2002).
“¶ 9 Section 25-408 provides for, among other things, the visitation rights of a non-custodial parent.”
— Ariz. Rev. Stat. § 25-408(A)(1) — 2 cases
— Ariz. Rev. Stat. § 25-408(A)(2) — 3 cases
Vincent v. Nelson, 357 P.3d 834 (Ariz. Ct. App. 2015).
“The court informed Mother that under A.R.S. § 25-408, she could not relocate the children more than 100 miles from her address in Phoenix without Father’s agreement or the court’s approval.”
— Ariz. Rev. Stat. § 25-408(B) — 7 cases
Thompson v. Thompson, 176 P.3d 722 (Ariz. Ct. App. 2008).
“The court refused to enjoin Mother’s relocation, finding A.R.S. § 25-408 inapplicable because Mother “[wa]s only moving 90 miles away.”
Buencamino v. Noftsinger, 221 P.3d 41 (Ariz. Ct. App. 2009).
“APPLICABILITY OF THE RELOCATION PROVISIONS OF A.R.S. § 25-408 ¶ 6 The family court judge, in denying the motion for new trial, explained that she had considered the factors set forth in A.”
— Ariz. Rev. Stat. § 25-408(C) — 8 cases
Marriage of Woodworth v. Woodworth, 42 P.3d 610 (Ariz. Ct. App. 2002).
“¶ 9 Section 25-408 provides for, among other things, the visitation rights of a non-custodial parent.”
— Ariz. Rev. Stat. § 25-408(D) — 6 cases
Marriage of Woodworth v. Woodworth, 42 P.3d 610 (Ariz. Ct. App. 2002).
“¶ 9 Section 25-408 provides for, among other things, the visitation rights of a non-custodial parent.”
Thompson v. Thompson, 176 P.3d 722 (Ariz. Ct. App. 2008).
“The court refused to enjoin Mother’s relocation, finding A.R.S. § 25-408 inapplicable because Mother “[wa]s only moving 90 miles away.”
Vincent v. Nelson, 357 P.3d 834 (Ariz. Ct. App. 2015).
“The court informed Mother that under A.R.S. § 25-408, she could not relocate the children more than 100 miles from her address in Phoenix without Father’s agreement or the court’s approval.”
— Ariz. Rev. Stat. § 25-408(E) — 1 case
Thompson v. Thompson, 176 P.3d 722 (Ariz. Ct. App. 2008).
“The court refused to enjoin Mother’s relocation, finding A.R.S. § 25-408 inapplicable because Mother “[wa]s only moving 90 miles away.”
— Ariz. Rev. Stat. § 25-408(F) — 2 cases
— Ariz. Rev. Stat. § 25-408(F)(1) — 3 cases
— Ariz. Rev. Stat. § 25-408(F)(I) — 1 case
— Ariz. Rev. Stat. § 25-408(G) — 28 cases
Murray v. Murray, 367 P.3d 78 (Ariz. Ct. App. 2016).
“Subpart (I) of § 25-408 further requires the court considering a relocation petition to take into account “all relevant factors” relating to the child’s best interests, including “[t]he factors prescribed under § 25^403.”
Munari v. Hotham, 177 P.3d 860 (Ariz. Ct. App. 2008).
“2007), which held that the word “parent” as used in A.R.S. § 25-408 (2007) *602 (governing the parental rights applicable in child relocations), does not include grandparents.”
— Ariz. Rev. Stat. § 25-408(H) — 7 cases
— Ariz. Rev. Stat. § 25-408(H)(1) — 1 case
— Ariz. Rev. Stat. § 25-408(H)(2) — 2 cases
— Ariz. Rev. Stat. § 25-408(H)(3) — 1 case
— Ariz. Rev. Stat. § 25-408(H)(4) — 1 case
— Ariz. Rev. Stat. § 25-408(H)(5) — 2 cases
— Ariz. Rev. Stat. § 25-408(H)(6) — 1 case
— Ariz. Rev. Stat. § 25-408(H)(7) — 1 case
— Ariz. Rev. Stat. § 25-408(I) — 34 cases
Backstrand v. Backstrand, 479 P.3d 846 (Ariz. Ct. App. 2020).
“¶5 In his petition to prevent relocation, Father alleged the move was not in Lola’s best interests under the factors specified in A.R.S. § 25-408(I). While Father’s petition was pending, Mother sent an email to Father stating she planned to move with Lola to Las Vegas on October…”
Buencamino v. Noftsinger, 221 P.3d 41 (Ariz. Ct. App. 2009).
“APPLICABILITY OF THE RELOCATION PROVISIONS OF A.R.S. § 25-408 ¶ 6 The family court judge, in denying the motion for new trial, explained that she had considered the factors set forth in A.”
— Ariz. Rev. Stat. § 25-408(I)(1) — 3 cases
— Ariz. Rev. Stat. § 25-408(I)(2) — 5 cases
— Ariz. Rev. Stat. § 25-408(I)(3) — 9 cases
— Ariz. Rev. Stat. § 25-408(I)(4) — 6 cases
— Ariz. Rev. Stat. § 25-408(I)(5) — 5 cases
— Ariz. Rev. Stat. § 25-408(I)(6) — 8 cases
Munari v. Hotham, 177 P.3d 860 (Ariz. Ct. App. 2008).
“2007), which held that the word “parent” as used in A.R.S. § 25-408 (2007) *602 (governing the parental rights applicable in child relocations), does not include grandparents.”
— Ariz. Rev. Stat. § 25-408(I)(7) — 2 cases
— Ariz. Rev. Stat. § 25-408(I)(8) — 3 cases
— Ariz. Rev. Stat. § 25-408(J) — 4 cases
Owen v. Blackhawk, 79 P.3d 667 (Ariz. Ct. App. 2003).
“¶ 9 Father argues that detailed findings of fact are not required under A.R.S. § 25-408, only under A.R.S. § 25-403(J), which father asserts does not apply to this case.”
Munari v. Hotham, 177 P.3d 860 (Ariz. Ct. App. 2008).
“2007), which held that the word “parent” as used in A.R.S. § 25-408 (2007) *602 (governing the parental rights applicable in child relocations), does not include grandparents.”
— Ariz. Rev. Stat. § 25-408(J)(1) — 1 case
Owen v. Blackhawk, 79 P.3d 667 (Ariz. Ct. App. 2003).
“¶ 9 Father argues that detailed findings of fact are not required under A.R.S. § 25-408, only under A.R.S. § 25-403(J), which father asserts does not apply to this case.”
— Ariz. Rev. Stat. § 25-408(J)(3) — 1 case
Owen v. Blackhawk, 79 P.3d 667 (Ariz. Ct. App. 2003).
“¶ 9 Father argues that detailed findings of fact are not required under A.R.S. § 25-408, only under A.R.S. § 25-403(J), which father asserts does not apply to this case.”
— Ariz. Rev. Stat. § 25-408(K) — 1 case
Marriage of Woodworth v. Woodworth, 42 P.3d 610 (Ariz. Ct. App. 2002).
“¶ 9 Section 25-408 provides for, among other things, the visitation rights of a non-custodial parent.”
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