How Do I Object to Relocation?
If you have recently received notice of intended relocation from your co-parent, it is crucial to respond promptly. This situation may significantly impact your living arrangements and your relationship with your children, so taking immediate action is in your best interest. Consider seeking legal advice to understand your rights and options and gather any necessary documentation to support your position. Being proactive can help you navigate this challenging time more effectively.
What Is Notice of Intended Relocation?
If your Parenting Plan says the children live with you at least 45% of the time and you want to move with the children outside their current school district, you generally must give the other parent, and anyone else entitled to visitation, at least 60 days’ notice of your intent to move.
You must file a Notice of Intended Relocation with the same court that issued your Parenting Plan. You must also draft and file a new Proposed Parenting Plan if you believe the plan should be changed because of your move.
I Was Served with The Notice, And I Don’t Want My Kids to Move, Now What?
If you disagree with the planned move or any proposed changes to the parenting or custody order, it is essential that you file and serve an objection within 30 days of receiving their notice. This is very important because if you do not file and serve your objection within this timeframe, the court may permit the move and accept the other parent’s proposed changes to the custody order.
What Information Do I Need to Provide for The Objection to Relocation?
In your objection the court will want answers to the following questions;
- The children’s relationships with each parent, any siblings, and other important people in the children’s lives. (Describe the strength, nature, quality, extent of involvement, and stability of the children’s relationships, and how those would be affected by the planned move)
- Are there any agreements between you and the relocating person about moving with the children?
- Would disrupting the children’s contact with the relocating person be more harmful than disrupting their contact with you?
- Does the current parenting/custody order include limitations under RCW 26.09.191 on you or the relocating person?
- Were the relocating person’s reasons for moving given in good faith?
- I have the following good-faith reasons for objecting to the planned move
- Describe how allowing or preventing the move would affect the children’s physical, educational, and emotional development, considering their age, developmental stage, and needs (including any special needs).
- Describe the quality of life, resources, and opportunities available to the children and the relocating person in the current location and in the new location.
- Describe any other arrangements available to foster and continue your relationship and contact with the children.
- Describe alternatives to the planned move, and whether it is possible or desirable for you to move too.
- Describe the financial impact and logistics of moving or not moving (for example, the timing, cost, and how the move would happen).
Being as descriptive and detailed as possible is always beneficial. Additionally, providing the Court with supporting evidence for your positions is crucial. This evidence may include third-party statements from individuals who have a strong relationship with the children, medical or therapeutic records to illustrate the child’s mental state, and documentation that highlights financial differences in the parent’s proposed new locations, among other relevant information.
The Other Parent Intends to Move Before a Final Decision Is Made, Is There Anything I Can Do?
If the other parent has indicated that they will be moving sooner than 60 days from when you received the Notice of Intended Relocation, if they have already moved without giving proper notice, or if the move is unlikely to be approved and there is no valid reason to allow the move before the Court makes a final decision, you can file a Motion for a Temporary Order to Prevent the Move. You must file and set this motion within 15 days from when you served the Objection to Moving. This motion will prevent the other parent from moving unless special circumstances under RCW 26.09.460(3) apply.
RCW 26.09.460(3) says: “If a person intending to relocate the child is relocating to avoid a clear, immediate, and unreasonable risk to the health or safety of a person or the child, notice may be delayed for twenty-one days.”
Whether you have received a Notice of Intended Relocation and need to file an Objection, or you are in the process of submitting your own Notice, there are many complexities involved. Having a Beresford Booth Family Law Attorney by your side can make a significant difference.
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