If our separation agreement restricts relocation, can it still be changed?
Yes, but the bar is meaningful. A separation agreement that includes a geographic restriction on relocation — preventing you from moving beyond a defined area without consent — is a binding contract. If you want to move in violation of that clause, you need either your co-parent's written consent or a court order varying the agreement.
To vary a separation agreement's parenting provisions through court, you must demonstrate a material change in circumstances since the agreement was signed. A job opportunity alone may not be enough if the agreement was made with both parties knowing you could have similar opportunities elsewhere. Courts look for genuine, unforeseen changes — not moves of convenience.
If you have your co-parent's consent, you should formalize the change in writing (a written amendment or a consent order) to avoid future disputes about what was agreed.
If your co-parent refuses consent and you believe there are strong reasons to move, you can apply to court. The court will treat the existing agreement as an important starting point but will not be bound by it if the child's best interests have shifted materially.
Key takeaways
- A relocation clause in a separation agreement is binding absent consent or a court order.
- Varying it requires showing a material change in circumstances.
- Get any agreed variation in writing to prevent future disputes.
- Courts apply the best interests test and may override a restriction if circumstances warrant.