After a divorce, life circumstances often change—new job opportunities arise, family support shifts, or a parent may wish to start fresh elsewhere. But when children are involved, relocating off-island or out of state is not a simple decision. In Hawaiʻi, the law places a strong emphasis on maintaining a child’s relationship with both parents, and any move that could disrupt that relationship may require court approval.

If you’re a divorced parent considering relocation with your child, it’s essential to understand the legal process, your rights, and your responsibilities under Hawaiʻi law.

Why Relocation Is Treated Seriously

Relocation affects not just where a child lives, but also how they maintain consistent contact with the other parent. Moving from Oʻahu to the mainland—or even between islands—can significantly impact parenting time, school schedules, and emotional stability.

Because of this, Hawaiʻi courts take relocation requests seriously and evaluate them based on the best interests of the child, not just the convenience or desires of the relocating parent.

Does the Court Need to Approve a Move?

Yes, in most cases. If there is a custody order in place, the parent who wishes to relocate must seek either:

1. Permission from the other parent (written and filed with the court), or
2. Approval from the Family Court through a formal request called a motion for relocationor motion to modify custody or visitation.

Attempting to move without court permission can lead to legal consequences, including a potential change in custody or contempt of court charges.

What the Court Considers in Relocation Cases

The primary question the court will ask is:
“Is this move in the best interest of the child?”

Factors that may influence the court’s decision include:

• The reason for the move (e.g., employment, education, family support)
• The impact on the child’s relationship with the non-relocating parent
• The relocating parent’s ability to foster ongoing contact with the other parent
• The child’s educational, social, and emotional needs
• The child’s preferences, depending on age and maturity
• Whether a realistic long-distance visitation plan can be created

In Hawaiʻi, maintaining strong family ties is culturally important, and courts are sensitive to moves that might isolate a child from their support system.

What If Both Parents Agree to the Move?

If both parents agree to the relocation, they can file a stipulated agreement with the court. This agreement should include:

• A revised custody and visitation schedule
• Transportation responsibilities and costs
• Communication methods and frequency (e.g., video calls, holidays, travel)
• How decisions will be made regarding schooling, medical care, etc.

Even with agreement, court approval is still necessary to make the new arrangement legally enforceable.

What Happens If One Parent Objects?

If the non-relocating parent opposes the move, the relocating parent must demonstrate to the court why the move is necessary and how it serves the child’s best interest.

This can be a complex and emotional legal process. The court may hold a hearing, review evidence, hear from both parties, and even appoint a custody evaluator or guardian ad litem to assess the child’s needs.

Tips for Parents Considering Relocation

• Plan ahead: Relocation cases take time—start the legal process well in advance.
• Gather documentation: Show the reason for your move (e.g., job offer, cost of living comparison, school quality).
• Create a proposed parenting plan: Include detailed visitation, communication, and travel arrangements.
• Be transparent: Hiding intentions to relocate or acting without consent can damage your case.
• Consult a family law attorney: Legal guidance is essential to navigate the process properly.

We’re Here to Help

We understand that life moves on after divorce—but your parenting rights and your child’s well-being remain top priorities. If you’re considering relocating off-island or out of state with your child, we can help you present a strong, thoughtful case that honors both your goals and the law.

Contact us today to schedule a consultation and get clarity on your relocation rights and responsibilities under Hawaiʻi family law.