In Montana, a parent who plans to move must give the other parent written notice, and if the move will significantly affect the child's contact with the other parent, must file a motion and a proposed new schedule at least 30 days ahead. The other parent then has 21 days to respond. Domestic violence does not erase those rules, but protective orders and address confidentiality change how they play out. This page is part of our Montana Domestic Violence Guide.
The Notice Rule
MCA § 40-4-217(1) reads: "A parent who intends to change residence shall, unless precluded under 40-4-234, provide written notice to the other parent." The cross-reference is to the statute on final parenting plan criteria. It does not spell out when notice is "precluded," so a parent who believes notice would be unsafe should get a court's direction rather than rely on their own reading.
When the change "will significantly affect the child's contact with the other parent," more is required. The moving parent must file a motion to amend the residential schedule, with a proposed revised schedule, in the court that adopted the current schedule (MCA § 40-4-217(2)(a)).
| Step | Deadline | Subsection |
|---|---|---|
| Written notice of intent to change residence | Required of a parent who intends to change residence; the statute sets no number of days for this notice alone | (1) |
| Motion to amend the residential schedule, with a proposed revised schedule | Served not less than 30 days before the proposed change in residence, personally or by certified mail | (2)(a) |
| Response, with an alternate proposed schedule if objecting | 21 days after service of the motion | (3) |
| No response | Treated as acceptance of the proposed revised residential schedule | (4) |
The motion must carry a specific warning: that the relocation may be permitted and the proposed schedule ordered "without further proceedings unless within 21 days you file a response and alternate revised residential schedule with the court" and serve it (MCA § 40-4-217(2)(b)). A notice without that statement is not sufficient.
A person entitled to object may do so "regardless of whether the person has received proper notice" (MCA § 40-4-217(5)).
How the Court Decides a Contested Move
If the other parent objects, the court applies the best interest factors in MCA § 40-4-212, which include physical abuse or threat of physical abuse by one parent against the other parent or the child. It also considers four relocation factors (MCA § 40-4-219(1)(b)):
- the feasibility of preserving the relationship between the nonrelocating parent and the child through suitable visitation, considering logistics and finances;
- each parent's reasons for seeking or opposing the move;
- whether the moving parent has shown a willingness to promote the child's relationship with the other parent; and
- whether reasonable alternatives to the move are available.
A history of violence can bear on more than one of these. A move to be near family support or away from danger is a reason the court can weigh under the second factor. Evidence of abuse is also relevant to how much contact with the nonrelocating parent serves the child. The court may set a new residential schedule and apportion transportation costs (MCA § 40-4-219(4)). Nothing in the statute makes any one factor controlling. See parenting plan factors and abuse.
Safety, Confidential Addresses, and Notice
Several provisions protect the location of a person who has left for safety:
- In an order of protection case, "If the petitioner has fled the parties' residence, notice of the petitioner's new residence must be withheld, except by order of the court for good cause shown" (MCA § 40-15-201(3)).
- The same rule appears for temporary orders in a dissolution (MCA § 40-4-121(9)).
- At the request of either parent, the court must order the parenting plan sealed except for access by the parents or other person having custody of the child (MCA § 40-4-234(7)).
- The Department of Justice runs a program that gives an approved participant a substitute address for official purposes and accepts service of process and mail on the participant's behalf (MCA §§ 40-15-115 and 40-15-117).
These protections mean a parenting case can go forward, with service and scheduling handled through the court, without the other parent learning a street address.
If you are the parent restrained by an order, do not try to find out where the other parent lives. Do not ask the children, relatives, schools, or mutual friends. Trying to locate a protected person can violate your orders. The court can set a schedule and an exchange method that work without your having that information. See exchanging children under a no contact order.
Orders That Restrict Moving the Children
Two kinds of orders can stop a parent from taking a child out of the area while a case is pending. A temporary order of protection may prohibit the respondent from "removing a child from the jurisdiction of the court" (MCA § 40-15-201(2)(c)). In a dissolution, either party may ask for a temporary injunction "enjoining a party from removing a child from the jurisdiction of the court" (MCA § 40-4-121(2)(d)).
Read your orders for this language before any trip with the children, including a vacation. An order from another state or a tribal court adds its own questions, covered in out-of-state and tribal orders.
If You Are Served With a Relocation Motion
- Note the date of service. You have 21 days to file a response, and silence is treated as acceptance.
- If you object, your response must include an alternate proposed revised residential schedule (MCA § 40-4-217(3)).
- If a no contact order or order of protection applies to you, do not call, text, or visit to talk about the move. File your response with the court.
- Tell your criminal defense lawyer. A relocation hearing can involve testimony about the same events as the criminal case.
If You Are the One Who Wants to Move
A parent with a pending charge sometimes wants to relocate for work or to stay with family. Your release conditions may restrict where you live and travel (MCA § 46-9-108(1)(d)), so ask the criminal court before making plans. If you have a parenting plan, the notice rule applies to you as well. Moving without following it can be used against you in the parenting case.
Where This Fits
Relocation disputes are among the hardest parenting cases because a schedule that worked across town may not work across the state. When domestic violence is part of the history, the court has to weigh safety and the child's relationships at the same time. For the overview, see PFMA and child custody and our child custody page.
If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.