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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.
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 contact an attorney at MOGREN, GLESSNER & ROTI, P.S. at 425-255-4542 to
schedule an appointment and discuss these issues with you.
Our law firm is conveniently located in Renton, King County, WA, just off the freeway at the intersection of I-405 and I-167, easily accessible from Seattle and Bellevue Washington. Our
four family law and divorce attorneys represent clients in the greater Seattle area and throughout the State of Washington, including the communities of Renton, Kent, Tukwila, Seattle, Bellevue, Mercer Island, Issaquah, Fairwood,
Cascade, Newcastle, Normandy Park, Auburn, Maple Valley, Black Diamond, Skyway, Federal Way, Des Moines,
Kent Meridian, Lake Youngs, Burien, SeaTac, Factoria, Covington, Medina, Fox
Island, Gig Harbor, North Bend, Snoqualmie, Sammamish, Seahurst, Redondo, Enumclaw and most of south King County. Call 425-255-4542 for a free telephone consultation with an
experienced family law and divorce attorney / lawyer. Our attorneys represent both men and women in divorce
and the drafting of simple wills,
and are members of the Christian Legal Society. Our lawyers offer affordable rates
(reasonably priced) for uncontested divorce.
The free information and help contained in these
pages is not intended to be legal advice, and does not create an
attorney-client relationship. You should always consult with a lawyer before
taking any legal action. Feel free to call us at 425-255-4542 for a free
telephone consultation with a family law lawyer for help regarding your
marriage, divorce (contested or uncontested), custody, complex property division,
child support and maintenance, adoption, will, estate plan or
probate. We offer inexpensive (cheap) discount package deals and for our wills,
simple will and estate
planning documents. We offer a Christian perspective in our practice, yet
are aggressive in protecting your rights. Our attorneys are licensed to practice only in the State of Washington,
and are easily accessible to the greater Seattle area.
Serving both male and female clients in the Seattle, King County, WA area, including the communities of Kent, Renton, Tukwila, Southcenter, Seattle, Auburn, Bellevue, Mercer Island, Federal Way, Maple Valley, Des Moines, SeaTac, Burien, Fairwood,
Cascade, Covington, Newcastle, Normandy Park, Issaquah, Factoria, Black Diamond, Algona, Covington, Fall City, Hobart, Medina, North Bend, Pacific,
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Soos Creek, Emerald Downs, Muckleshoot, Twin Lakes, Skyway,
Bellevue, Enumclaw and most of south King County, WA. This includes zip
codes of 98055, 98056, 98057, 98058, 98059, 98030, 98031, 98032 98042,
98038, 98040, 98045, 98168, and 98188, and area codes of 206, 253, and 425,
. We represent clients
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complex property division, simple wills, probate or other legal issue.
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