Washington maintains strict laws that govern the procedures for relocating a child or objecting to a child's relocation.
Relocating with Your Child
Moving Outside the Child's Current School District: If the custodial parent wants to move out of the child's current school district, he or she must notify the other parent (and any other person entitled to court-ordered time with the child) by personal service or certified mail with return receipt. The notice must be given at least 60 days before the intended move. If the parent could not have known about the move 60 days in advance, he or she must give notice within 5 days of learning about the move.
Moving Within the Child's Current School District: If the custodial parent wants to move within the child's current school district, he or she only has to give notice by reasonable means. The other parent can't object to the move - he or she can only request a modification of the parenting plan.
Domestic Violence: If the moving parent is moving into a domestic violence shelter or to avoid a "clear, immediate and unreasonable risk to health and safety," the notice can be delayed for 21 days.The new address can be withheld from the notice if it is protected by court order or the parent is part of the address confidentiality program. If any of the notice requirements may put the parent or child's health or safety at risk, he or she can ask the court to waive them.
Moving Within the Child's Current School District: If the custodial parent wants to move within the child's current school district, he or she only has to give notice by reasonable means. The other parent can't object to the move - he or she can only request a modification of the parenting plan.
Domestic Violence: If the moving parent is moving into a domestic violence shelter or to avoid a "clear, immediate and unreasonable risk to health and safety," the notice can be delayed for 21 days.The new address can be withheld from the notice if it is protected by court order or the parent is part of the address confidentiality program. If any of the notice requirements may put the parent or child's health or safety at risk, he or she can ask the court to waive them.
The court may order sanctions, including contempt, if a parent fails to give proper notice. A parent intending to relocate should seek legal advice before attempting to move. The content requirements for the notice are described in RCW 26.09.440.
Objecting to Your Child's Relocation
Any person entitled to court-ordered time with the child can object to the child's relocation. If the relocating parent gives proper notice and no objection is filed within 30 days after service, the court will allow the relocation and may confirm the relocating parent's proposed revised residential schedule. Practically, the objection should be made as soon as possible before time and resources are committed to the move.
The relocating person cannot move the child during the 30-day time period in which others entitled to court-ordered time with the child have the right to object without a court order allowing the move.
Forms for relocating can be found here. Relocation actions are complex. Temporary and emergency orders may be granted if warranted under the circumstances. For more information about your rights and procedures regarding relocation, contact a Kirkland family law attorney.
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