Winning Your Child Relocation Case in Washington

A. Overview of Relocation Laws in Washington

B. Key Washington State Laws Governing Child Relocation

The RCW (Revised Code of Washington) is the official compilation of all permanent laws in Washington State. Relocation laws fall under RCW 26.09.405 through RCW 26.09.560, which specifically address child custody relocation. Once you have identified that the relocation laws apply to you, you should review all the related RCWs, but it is of particular importance that you pay extra attention to the following sections:

1. RCW 26.09.430, which specifies the notice requirements for relocation.
2. RCW 26.09.480, which outlines how a non-moving parent can object to the move.
3. RCW 26.09.520, which lists factors the court considers in deciding relocation cases.
4. RCW 26.09.470 & RCW 26.09.550, which explains enforcement and penalties for failing to follow relocation laws.

C. Notice Requirement: Notify the Other Parent 60-Days Before Moving

The relocating parent must provide formal written notice (using the mandatory court form – it’s called the Notice of Intent to Move with Children) at least 60 days before moving. There are some limited exceptions to avoid this normal 60 day time period, which are listed in RCW 26.09.440 through RCW 26.09.460. Some of those exceptions include domestic violence cases, short-distance moves (if moving within the same school district), or emergency relocations.

D. Required Format and Content of Notice

When you download the Notice of Intent to Move with Children form, you will see the language prompts/guides as you fill it out. It is very important that you are thorough when you fill it out and answer every question, check the box or fill in the blank.

Practical Tip: In Section 3 of the Notice of Intent to Move with Children form I would highly recommend you thoroughly explain your position on all 11 of the relocation factors the court will be considering in RCW 26.09.520. Make sure that you do your research and provide the court with details and potential exhibits that support your position on each of the factors. The standard form doesn’t provide very much space to write, so either attach additional pages or download the form in an editable format and add more room.

E. Served with a Notice to Move? Here’s What to Do

A. You Can Object to the Move – Overall timeline and process

The non-moving parent must file an objection in court within 30 days of receiving notice. A trusted non-profit has put together a really helpful packet that provides the form and more detailed instructions. The forms needed to object can also be downloaded from the Washington State Court’s website. If an objection is not made within this timeframe, it may result in automatic approval of the relocation. If an objection is made within the 30-day timeframe, and the parties are not agreed on the move request, a judge must make a decision on whether or not to allow the move (i.e., the move should not happen unless the Judge makes a decision).

The objecting parent must submit a formal response to the court outlining reasons why the move is not in the child’s best interest. Either parent should also schedule a hearing or a trial before the court to determine if the relocation should be allowed. At the hearing, both parents will need to present evidence and argue their position/reasonings before a judge. The judge will make a decision on whether the relocation will be allowed, either permanently or temporarily.

B. More details on the process and procedures of objecting to the move.

Step 1: Filing an Objection in Court.

The non-relocating parent must file (in the Clerk’s office of the Superior Court in your county) a formal objection by submitting a “Notice of Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan” within 30 days of receiving the relocation Notice. The objection must include reasons why the move should be denied and how it would negatively impact the child (this is prompted and outlined in the form.

Step 2: Serving the Objection.

The objecting parent must serve the relocating parent with a copy of the objection. Service must be done properly, usually via certified mail or a professional process server.

Step 3: Court Review & Initial Hearing.

Once the objection is filed, either party can schedule an initial hearing before the judge to determine whether to temporarily allow or block the move while the case proceeds. This is called requesting a Temporary Order to Allow or Prevent the Move. The forms needed to make this request can be found on Washington State Court’s website. This will result in court making a preliminary/temporary decision on whether the move will be allowed. Once the preliminary/temporary decision has been made and the Order has been entered, the parties will then move towards getting a final order in place.

Step 4: Evidentiary Hearing (Full Court Trial on Relocation)

A final decision will eventually be made on whether the relocation will be maintained or allowed. To reach a final decision, the parties can either agree, or the case will move forward to a full evidentiary hearing/trial before a judge. To make their decision, the judge will consider factors under RCW 26.09.520. The judge will hear both parents’ arguments, evidence, as well as live expert and lay witness testimony.

Step 5: Judge’s Decision

After considering the evidence, the judge will either: (1) Approve the relocation and modify the parenting plan accordingly, or (2) Deny the relocation, preventing the move.

BONUS: Practical advice tips

1. Your requested move has a high likelihood to be allowed if you have your child at least 55% of the time.
2. It will be a lot harder (not impossible) to move with your child if the other parent has time with the child 45% or more of the time.

Get Legal Support to Win Your Child Relocation Case in Vancouver, WA

This article only covers the basics of relocation laws in Washington state. Relocating with a child when a parenting court order is in place can be legally complex and carries serious consequences if not handled properly. Consulting with a family law attorney is highly recommended. Please reach out to me for expert legal advice and assistance on relocation matters.