RELOCATION OF CHILDREN
IN WASHINGTON
In 2000, a new
statute was enacted which codifies each
parties’ rights and responsibilities before,
during and after a parent seeks to move away with
a child. Under the new relocation statute, if the
person with whom the child resides a majority of
the time plans to move, that person must give
notice to every person entitled to court ordered
visitation time with the child. If the move is
outside the child’s school district, the
relocating person must give notice by personal
service at least 60 days before the intended
move. If 60 days notice is not possible due to
the fact the relocating person could not have
known sooner about the move, then the relocating
person must give notice within 5 days after
learning of the move. This notice must include an
address at which service of process may be
accomplished, a brief statement of the specific
reasons for the intended relocation and notice to
the non-relocating person that an objection to
the intended relocation of the child or to the
relocating person's proposed revised residential
schedule must be filed with the court and served
on the relocating person within 30 days. Failure
to give the required notice may be grounds for
sanctions, including contempt of court. If the
move is within the same school district, the
relocating person must provide actual notice by
any reasonable means. A person entitled to time
with the child may not object to the latter,
"minor relocation," but may ask for a
modification of the Parenting Plan to accommodate
the move.
The following is a summary
only of the new statute. For the full text,
please see RCW 26.09.405 to .550.
If the person with
whom the child resides a majority of the time
plans to move, that person shall give notice
to every person entitled to court ordered
time with the child.
If the move is outside
the child’s school district, the
relocating person must give notice by
personal service or by mail requiring a
return receipt. This notice must be at least
60 days before the intended move. If the
relocating person could not have known about
the move in time to give 60 days’
notice, that person must give notice within 5
days after learning of the move. The notice
must contain the information required in RCW
26.09.440. See also form DR 07.0500 (Notice
of Intended Relocation of A Child.)
If the move is within
the same school district, the relocating
person must provide actual notice by any
reasonable means. A person entitled to time
with the child may not object to the move but
may ask for modification under RCW 26.09.260.
Notice may be delayed
for 21 days if the relocating person is
entering a domestic violence shelter or is
moving to avoid a clear, immediate and
unreasonable risk to health and safety.
If information is
protected under a court order or the address
confidentiality program, it may be withheld
from the notice.
A relocating person
may ask the court to waive any notice
requirements that may put the health and
safety of a person or a child at risk.
Failure to give the
required notice may be grounds for sanctions,
including contempt.
If no objection is
filed within 30 days after service of the
notice of intended relocation, the relocation
will be permitted and the proposed revised
residential schedule may be confirmed.
A person entitled to
time with a child under a court order can
file an objection to the child’s
relocation whether or not he or she received
proper notice.
An objection may be
filed by using the mandatory pattern form WPF
DR 07.0700, (Objection to Relocation/Motion
for Modification of Custody Decree/parenting
Plan/Residential Schedule (Relocation)). The
objection must be served on all persons
entitled to time with the child.
The relocating person
shall not move the child during the time for
objection unless: (a) the delayed notice
provisions apply; or (b) a court order allows
the move.
If the objecting
person schedules a hearing for a date within
15 days of timely service of the objection,
the relocating person shall not move the
child before the hearing unless there is a
clear, immediate and unreasonable risk to the
health or safety of a person or a child.
The above is
just a brief summary of what a custodial parent
must know before relocating outside of a
child’s current school district,
neighborhood, or outside of the State of
Washington. Our firm is familiar with the
requirements which must be met before a custodial
parent relocates and can help you modify your
Parenting Plan to facilitate such a move or
restrict a parent’s contemplated move.
Our
firm consist of three lawyers, Peter W. Mogren,
Ronald E. Glessner, and Ruth A. Roti. Our
emphasis is in family law, wills and probate, and
personal injury. Please click on the topics
above for details about these areas of practice,
including divorce, legal separation, property
division, child support, spousal maintenance,
parenting plans, modifications, paternity,
adoption, wills, Community Property Agreements,
Durable Power of Attorney, and probate.
Our
firm is conveniently located in Renton, King
County, Washington, just off the freeway at the
intersection of I-405 and I-167. Our
attorneys represent clients throughout the State
of Washington, including the communities of
Renton, Kent, Tukwila, Seattle, Bellevue, Auburn,
Maple Valley, Federal Way, Des Moines, Burien,
SeaTac, Enumclaw and most of south King County.
The free information contained in
these pages is not
intended to be legal advice, and does not
create an attorney-client relationship. You
should always consult with an attorney before
taking any action. Feel free to call us at
425-255-4542.
