Objecting To An Ex-Spouse’s Relocation With Children In A Divorce In Washington State.

I have been handed a document from a stranger stating my ex-spouse intends to move to another State with our children. Two years ago, I went through an amicable divorce with my spouse. In those divorce proceedings, a final parenting plan was entered establishing the residential provisions for our children. Under the plan, I have every other weekend with the children from Friday evening to Monday morning and every Tuesday and Thursday overnight with shared holidays and school breaks. I have been told my ex-spouse is considered the primary parent because he/she has the majority of overnights with the children in a calendar year.

I don’t want my children to move to another State. What do I do? Take action immediately. An objection to the relocation (and proposed, revised parenting plan) must be filed and served on the relocating spouse by personal service or by any means of mail requiring a return receipt within thirty days of receipt of the notice if the notice was personally served on you or thirty three days if you intend to serve the objection by mail. There are specific Court forms you need to use when making your objection.

An objection to a parent relocating with children where a parenting plan is in effect can be procedurally complicated. The failure to properly object may result in allowing the relocating parent and children to move as a matter of law, and without further Court action. Our Divorce & Family Law Group is here to help you navigate the process.

Beresford Booth (425) 776-4100, www.beresfordlaw.com

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