Okla. Stat. tit. 43, § 43-112.3

A. As used in this section:

1. “Change of residence address” means a change in the primary

residence of an adult;

2. “Child” means a child under the age of eighteen (18) who has

not been judicially emancipated;

3. “Person entitled to custody of or visitation with a child”

means a person so entitled by virtue of a court order or by an

express agreement that is subject to court enforcement;

4. “Principal residence of a child” means:

a. the location designated by a court to be the primary

residence of the child,

b. in the absence of a court order, the location at which

the parties have expressly agreed that the child will

primarily reside, or

c. in the absence of a court order or an express

agreement, the location, if any, at which the child,

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preceding the time involved, lived with the child’s

parents, a parent, or a person acting as parent for at

least six (6) consecutive months and, in the case of a

child less than six (6) months old, the location at

which the child lived from birth with any of the

persons mentioned. Periods of temporary absence of

any of the named persons are counted as part of the

six-month or other period; and

5. “Relocation” means a change in the principal residence of a

child over seventy-five (75) miles from the child's principal

residence for a period of sixty (60) days or more, but does not

include a temporary absence from the principal residence.

B. 1. Except as otherwise provided by this section, a person

who has the right to establish the principal residence of the child

shall notify every other person entitled to visitation with the

child of a proposed relocation of the child’s principal residence as

required by this section.

2. Except as otherwise provided by this section, an adult

entitled to visitation with a child shall notify every other person

entitled to custody of or visitation with the child of an intended

change in the primary residence address of the adult as required by

this section.

C. 1. Except as provided by this section, notice of a proposed

relocation of the principal residence of a child or notice of an

intended change of the primary residence address of an adult must be

given:

a. by mail to the last-known address of the person to be

notified, and

b. no later than:

(1) the sixtieth day before the date of the intended

move or proposed relocation, or

(2) the tenth day after the date that the person

knows the information required to be furnished

pursuant to this subsection, if the person did

not know and could not reasonably have known the

information in sufficient time to comply with the

sixty-day notice, and it is not reasonably

possible to extend the time for relocation of the

child.

2. Except as provided by this section, the following

information, if available, must be included with the notice of

intended relocation of the child or change of primary residence of

an adult:

a. the intended new residence, including the specific

address, if known,

b. the mailing address, if not the same,

c. the home telephone number, if known,

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d. the date of the intended move or proposed relocation,

e. a brief statement of the specific reasons for the

proposed relocation of a child, if applicable,

f. a proposal for a revised schedule of visitation with

the child, if any, and

g. a warning to the nonrelocating parent that an

objection to the relocation must be made within thirty
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d. the date of the intended move or proposed relocation,

e. a brief statement of the specific reasons for the

proposed relocation of a child, if applicable,

f. a proposal for a revised schedule of visitation with

the child, if any, and

g. a warning to the nonrelocating parent that an

objection to the relocation must be made within thirty

(30) days or the relocation will be permitted.

3. A person required to give notice of a proposed relocation or

change of residence address under this subsection has a continuing

duty to provide a change in or addition to the information required

by this subsection as that information becomes known.

D. After the effective date of this act, an order issued by a

court directed to a person entitled to custody of or visitation with

a child shall include the following or substantially similar terms:

“You, as a party in this action, are ordered to notify every

other party to this action in writing of a proposed relocation of

the child, change of your primary residence address, and the

following information:

1. The intended new residence, including the specific address,

if known;

2. The mailing address, if not the same;

3. The home telephone number, if known;

4. The date of the intended move or proposed relocation;

5. A brief statement of the specific reasons for the proposed

relocation of a child, if applicable; and

6. A proposal for a revised schedule of visitation with the

child, if any.

You are further ordered to give written notice of the proposed

relocation or change of residence address on or before the sixtieth

day before a proposed change. If you do not know and could not have

reasonably known of the change in sufficient time to provide a

sixty-day notice, you are ordered to give written notice of the

change on or before the tenth day after the date that you know of

the change.

Your obligation to furnish this information to every other party

continues as long as you, or any other person, by virtue of this

order, are entitled to custody of or visitation with a child covered

by this order.

Your failure to obey the order of this court to provide every

other party with notice of information regarding the proposed

relocation or change of residence address may result in further

litigation to enforce the order, including contempt of court.

In addition, your failure to notify of a relocation of the child

may be taken into account in a modification of custody of,

visitation with, possession of or access to the child. Reasonable

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costs and attorney fees also may be assessed against you if you fail

to give the required notice.

If you, as the nonrelocating parent, do not file a proceeding

seeking a temporary or permanent order to prevent the relocation

within thirty (30) days after receipt of notice of the intent of the

other party to relocate the residence of the child, relocation is

authorized.”

E. 1. On a finding by the court that the health, safety, or

liberty of a person or a child would be unreasonably put at risk by

the disclosure of the required identifying information in

conjunction with a proposed relocation of the child or change of

residence of an adult, the court may order that:

a. the specific residence address and telephone number of

the child or of the adult and other identifying

information shall not be disclosed in the pleadings,

other documents filed in the proceeding, or the final

order, except for an in camera disclosure,

b. the notice requirements provided by this article be

waived to the extent necessary to protect

confidentiality and the health, safety or liberty of a

person or child, and

c. any other remedial action that the court considers

necessary to facilitate the legitimate needs of the

parties and the best interest of the child.

2. If appropriate, the court may conduct an ex parte hearing
closure,

b. the notice requirements provided by this article be

waived to the extent necessary to protect

confidentiality and the health, safety or liberty of a

person or child, and

c. any other remedial action that the court considers

necessary to facilitate the legitimate needs of the

parties and the best interest of the child.

2. If appropriate, the court may conduct an ex parte hearing

pursuant to this subsection.

F. 1. The court may consider a failure to provide notice of a

proposed relocation of a child as provided by this section as:

a. a factor in making its determination regarding the

relocation of a child,

b. a factor in determining whether custody or visitation

should be modified,

c. a basis for ordering the return of the child if the

relocation has taken place without notice, and

d. sufficient cause to order the person seeking to

relocate the child to pay reasonable expenses and

attorney fees incurred by the person objecting to the

relocation.

2. In addition to the sanctions provided by this subsection,

the court may make a finding of contempt if a party violates the

notice requirement required by this section and may impose the

sanctions authorized for contempt of a court order.

G. 1. The person entitled to custody of a child may relocate

the principal residence of a child after providing notice as

provided by this section unless a parent entitled to notice files a

proceeding seeking a temporary or permanent order to prevent the

relocation within thirty (30) days after receipt of the notice.

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2. A parent entitled by court order or written agreement to

visitation with a child may file a proceeding objecting to a

proposed relocation of the principal residence of a child and seek a

temporary or permanent order to prevent the relocation.

3. If relocation of the child is proposed, a nonparent entitled

by court order or written agreement to visitation with a child may

file a proceeding to obtain a revised schedule of visitation, but

may not object to the proposed relocation or seek a temporary or

permanent order to prevent the relocation.

4. A proceeding filed pursuant to this subsection must be filed

within thirty (30) days of receipt of notice of a proposed

relocation.

H. 1. The court may grant a temporary order restraining the

relocation of a child, or ordering return of the child if a

relocation has previously taken place, if the court finds:

a. the required notice of a proposed relocation of a

child as provided by this section was not provided in

a timely manner and the parties have not presented an

agreed-upon revised schedule for visitation with the

child for the court’s approval,

b. the child already has been relocated without notice,

agreement of the parties, or court approval, or

c. from an examination of the evidence presented at the

temporary hearing there is a likelihood that on final

hearing the court will not approve the relocation of

the primary residence of the child.

2. The court may grant a temporary order permitting the

relocation of the child pending final hearing if the court:

a. finds that the required notice of a proposed

relocation of a child as provided by this section was

provided in a timely manner and issues an order for a

revised schedule for temporary visitation with the

child, and

b. finds from an examination of the evidence presented at

the temporary hearing there is a likelihood that on

final hearing the court will approve the relocation of

the primary residence of the child.

I. A proposed relocation of a child may be a factor in

considering a change of custody.

J. 1. In reaching its decision regarding a proposed

relocation, the court shall consider the following factors:

a. the nature, quality, extent of involvement, and

duration of the child’s relationship with the person

proposing to relocate and with the nonrelocating
of

the primary residence of the child.

I. A proposed relocation of a child may be a factor in

considering a change of custody.

J. 1. In reaching its decision regarding a proposed

relocation, the court shall consider the following factors:

a. the nature, quality, extent of involvement, and

duration of the child’s relationship with the person

proposing to relocate and with the nonrelocating

person, siblings, and other significant persons in the

child’s life,

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b. the age, developmental stage, needs of the child, and

the likely impact the relocation will have on the

child’s physical, educational, and emotional

development, taking into consideration any special

needs of the child,

c. the feasibility of preserving the relationship between

the nonrelocating person and the child through

suitable visitation arrangements, considering the

logistics and financial circumstances of the parties,

d. the child’s preference, taking into consideration the

age and maturity of the child,

e. whether there is an established pattern of conduct of

the person seeking the relocation, either to promote

or thwart the relationship of the child and the

nonrelocating person,

f. whether the relocation of the child will enhance the

general quality of life for both the custodial party

seeking the relocation and the child, including but

not limited to financial or emotional benefit or

educational opportunity,

g. the reasons of each person for seeking or opposing the

relocation, and

h. any other factor affecting the best interest of the

child.

2. The court may not:

a. give undue weight to the temporary relocation as a

factor in reaching its final decision, if the court

has issued a temporary order authorizing a party

seeking to relocate a child to move before final

judgment is issued, or

b. consider whether the person seeking relocation of the

child has declared that he or she will not relocate if

relocation of the child is denied.

K. The relocating person has the burden of proof that the

proposed relocation is made in good faith. If that burden of proof

is met, the burden shifts to the nonrelocating person to show that

the proposed relocation is not in the best interest of the child.

L. 1. After notice and a reasonable opportunity to respond,

the court may impose a sanction on a person proposing a relocation

of the child or objecting to a proposed relocation of a child if it

determines that the proposal was made or the objection was filed:

a. to harass a person or to cause unnecessary delay or

needless increase in the cost of litigation,

b. without being warranted by existing law or was based

on frivolous argument, or

c. based on allegations and other factual contentions

which had no evidentiary support or, if specifically

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so identified, could not have been reasonably believed

to be likely to have evidentiary support after further

investigation.

2. A sanction imposed under this subsection shall be limited to

what is sufficient to deter repetition of such conduct or comparable

conduct by others similarly situated. The sanction may include

directives of a nonmonetary nature, an order to pay a penalty into

court, or, if imposed on motion and warranted for effective

deterrence, an order directing payment to the other party of some or

all of the reasonable attorney fees and other expenses incurred as a

direct result of the violation.

M. If the issue of relocation is presented at the initial

hearing to determine custody of and visitation with a child, the

court shall apply the factors set forth in this section in making

its initial determination.

N. 1. The provisions of this section apply to an order

regarding custody of or visitation with a child issued:

a. after the effective date of this act, and

b. before the effective date of this act, if the existing
sented at the initial

hearing to determine custody of and visitation with a child, the

court shall apply the factors set forth in this section in making

its initial determination.

N. 1. The provisions of this section apply to an order

regarding custody of or visitation with a child issued:

a. after the effective date of this act, and

b. before the effective date of this act, if the existing

custody order or enforceable agreement does not

expressly govern the relocation of the child or there

is a change in the primary residence address of an

adult affected by the order.

2. To the extent that a provision of this section conflicts

with an existing custody order or enforceable agreement, this

section does not apply to the terms of that order or agreement that

govern relocation of the child or a change in the primary residence

address of an adult.