I want to Relocate with my Children. Now What?

Amanda N. Gamble Edmonds Lawyer

In Washington State, relocation matters are governed by RCW 26.09.405-560. Start by reviewing the terms of your current parenting plan. Typically, relocation information can be found under Section 13, depending on when your parenting plan was entered.

The first step when initiating a relocation matter is providing notice of the intended move to the other parent (See RCW 26.09.440). The notice should be given at least 60 days before the intended move. However, there are a few exceptions to that rule. The Notice must include the potential new address (or as much information known at the time), the date of the intended move (must be after the 60-day notice unless an exception applies) and a statement about how the move will impact the current parenting plan.

After you file the notice with the Court, you must serve the other parent with the Notice. Service can be effectuated by personal service or through mail that requires a return receipt. If you have good communication with the other parent, it might behoove the relocating parent to give the nonrelocating a heads up on the intended move. However, it is important to give “formal” notice in case the other parent ends up objecting. This will prevent a long delay in the relocation process, as formal notice is required.

The nonrelocating parent will be provided 30 days to file an objection to the notice (See RCW 26.09.480). If the other parent objects, they are required to file a Summons and Objection to the Notice of Intended Relocation. The nonrelocating parent must also file a Motion to Prevent the Move Before a Trial and/or the relocating parent will need to file a Motion to Allow the Move before a Trial. You will need to check local county rules on where those motions are filed. For example, in King County those motions are heard by judges, not commissioners.

The Court will allow or deny a relocation based on the factors pursuant to RCW 26.09.530. The objecting parent has a rebuttable presumption to ask the Court to deny the relocation by demonstrating that the detrimental effect of the relocation outweighs the benefit of the change to the child(ren) and the relocation parent. The Court does not give more weight to one factor over the other. The factors include the following:

(1) The relative strength, nature, quality, extent of involvement, and stability of the child’s relationship with each parent, siblings, and other significant persons in the child’s life;

(2) Prior agreements of the parties;

(3) Whether disrupting the contact between the child and the person seeking relocation would be more detrimental to the child than disrupting contact between the child and the person objecting to the relocation;

(4) Whether either parent or a person entitled to residential time with the child is subject to limitations under RCW 26.09.191;

(5) The reasons of each person for seeking or opposing the relocation and the good faith of each of the parties in requesting or opposing the relocation;

(6) The age, developmental stage, and needs of the child, and the likely impact the relocation or its prevention will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child;

(7) The quality of life, resources, and opportunities available to the child and to the relocating party in the current and proposed geographic locations;

(8) The availability of alternative arrangements to foster and continue the child’s relationship with and access to the other parent;

(9) The alternatives to relocation and whether it is feasible and desirable for the other party to relocate also;

(10) The financial impact and logistics of the relocation or its prevention; and

(11) For a temporary order, the amount of time before a final decision can be made at trial.

Often Courts find that a relocating parent has legitimate purposes for relocating out of WA or to other parts of the state. However, the Court will need to determine that the move is in the best interests of the children as well as considering the “why” a parent is moving.  Relocation matters are often complex and understanding the legal requirements can allow the process to proceed as smoothly as possible. Call a Family Law attorney at Beresford Booth today to help get practical advice on how to navigate a relocation.

To learn more about I want to Relocate with my Children. Now What?, please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.

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