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Child Custody, Divorce and Family Law
M Morasch & Associates is a law firm focusing on child custody, divorce, family law, domestic violence, visitation, and paternity issues in all counties in Oregon and Southwestern Washington. When facing divorce, a child custody dispute, or any other family law matter, the future may appear uncertain. Fear of the unknown can cause debilitating stress. In that event, you will require assistance to determine the most effective method to protect yourself and your children financially, emotionally and physically. You may be the victim of domestic violence. The lawyers at M Morasch & Associates have the experience, expertise, and sensitivity to assist you with your child custody, divorce and family law problems. |
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CHILD RELOCATION
"RELOCATING OR MOVING A CHILD WITH A WASHINGTON PARENTING PLAN/RESIDENTIAL SCHEDULE"
Author: Lisa E. Martin, M MORASCH & ASSOCIATES, P.C.
If you have a parenting plan/residential schedule signed by a judge or commissioner from any county in the State of Washington, and you are the primary residential parent (“custodial parent”), you are bound by the Child Relocation Act. The Child Relocation Act applies to parenting plans and/or residential schedules signed by a judge after June 8, 2000 or before
June 8, 2000, if your parenting plan does not contain any provisions pertaining to relocation of the child/children.
What does “primary residential parent” mean? The designation is given to the parent who, under the parenting plan/residential schedule, has the child or children in his/her care and custody the majority of the time. Under the Child Relocation Act, if you are the primary residential parent, and you intend to move or relocate with the child, you must give written notice of your intent to move to every person entitled to visitation or residential time under the parenting plan. If you are the person entitled to residential time pursuant to the parenting plan, you have the right to object to the relocation unless the intended relocation is within the same school district as the child/children currently reside.
Giving Notice of the Intended Relocation.
If you are the parent or person designated in the parenting plan as the individual with whom the child/children spend the majority of the time, you must give written notice of your intended relocation not less than 60 days prior to the intended move. In the alternative, you must give written notice no more than five (5) days after the date you find out that you have to move and you could not have reasonably known about the move in time to comply with the 60-day notice requirement. In all cases, your Notice of Intent to Relocate Child must be filed with the Court and either personally served upon the individual(s) entitled to residential time under the parenting plan, or mailed to the individual(s) by way of certified or registered mail with a return receipt.
The Washington Child Relocation Act requires you to provide very specific information in your Notice of Intent to Relocate Child. You can obtain the appropriate form by going to www.courts.wa.gov/forms. You may want to consult with an attorney familiar with the Child Relocation Act to advise you as to exactly what information is required in the notice.
There is an exception to the requirement that the relocating party provide
60-days advance notice of the intended relocation. Specifically, if you are a victim of domestic violence and you are relocating for the purpose of entering a domestic violence shelter, you have the right to delay your relocation notice for twenty-one (21) days. The same is true if you are relocating to avoid a clear, immediate, and unreasonable risk to your health or the safety and/or health of the child/children. If you are a victim of domestic violence, you should seek the advice of an competent attorney regarding the specifics of your relocation and notification requirements. Either you or your attorney, if you are represented, must appear before the Court ex parte to get some of the notification requirements waived.
Even if you are moving within the same school district in which the child/children presently reside, you remainl required to provide the parent or other individuals entitled to residential-time notice of your intended relocation with the child; however, you are only required to give actual notice using any reasonable means. For example, a letter to the other parent or a telephone call would suffice. If you are relocating within the same school district, you do not need to file your relocation notice with the Court. It is important to note that if you are the non-relocating parent/individual, you do not have the right to object to the other parent’s move within the school district.
Consequences for Failure to Give the Required Notice.
If you are the relocating parent/individual and you fail to give the required notice to the non-relocating parent/individual, that parent/individual may file a motion with the Court requesting that you be held in contempt. As a result, you could be subject to monetary sanctions and the other party’s reasonable attorney fees and costs incurred as a result of the need to bring the motion before the Court. The Court may also order any other remedies it deems appropriate under the circumstances.
Objecting to the Relocation.
In order to object to the relocation, you must be a person entitled to visitation or residential time under the parenting plan/residential schedule. If you are a person entitled to residential time under the parenting plan, and you receive a Notice of Intent to Relocate Child, you must file your objection to the move within thirty (30) days of receiving the notice. Additionally, you must either serve the relocating party personally with your objection or mail the objection by way of registered or certified mail with a return receipt.
Generally, the parent desiring to relocate the child cannot do so within the 30-day time period; however, either party may file a motion with the Court requesting a temporary order which either permits the relocation or restrains the parent from relocating the child. The temporary order remains in effect until there is a final hearing or trial.
If the non-relocating parent fails to object within thirty (30) days, or there is proof that the non-relocating parent will not object, the Court will likely allow the relocation; however, even if no objection to the relocation is filed, the non-relocating parent still retains the right to file a petition to modify the parenting plan.
Getting a Temporary Order Permitting or Prohibiting the Relocation.
If you are the parent in need of a temporary order either permitting or denying relocation of the child, you must file a motion with the Court. The Court will likely enter a temporary order prohibiting relocation of the child if: (1) the notice of relocation was not provided and the non-relocating party has been substantially prejudiced; (2) the relocation occured without an agreement between the parties; and, (3) the Court considers the evidence presented at the temporary order hearing and determines that it would not likely approve relocation at the final hearing or trial. On the other hand, the Court will likely authorize relocation at the temporary hearing if notice of the relocation was timely provided or there is some circumstance justifying the relocation despite the lack of timely notice, and the Court feels after considering the evidence presented that the relocation would likely be permitted after the final hearing or trial.
Factors the Court Considers Before Approving or Denying Relocation of the Child/Children.
If the parents cannot agree to the relocation, the Court will make a determination for them. In doing so, the Court will consider evidence presented at trial pertaining to several factors. There is a rebuttable presumption that the relocation of the child will be permitted. In other words, unless the objecting parent can provide sufficient evidence that the detrimental effect of relocating the child outweighs the benefit of the change to the child and the relocating parent, the Court will allow the move.
Some, but not all, of the factors the Court considers include:
(1) Whether the disruption of the contact between the child and the objecting parent is more detrimental than disrupting contact between the child and the relocating parent;
(2) The reasons for requesting/objecting to the relocation;
(3) The age of the child and the needs of the child, including special needs, as well as the likely impact of the relocation or its prevention that will occur to the child’s physical, educational and emotional development of the child;
(4) Whether there are alternatives to the relocation and whether it is desirable for the other party to relocate as well; and,
(5) The strength, nature, quality, and stability of the child’s relationship with the relocating and objecting parent as well as other significant individuals in the child’s life.
Conclusion.
The Child Relocation Act is very specific about the procedure by which the parents must abide if there is intent to relocate the child. To avoid complicating your relocation or having a Court deny the relocation, it is critical to adhere to the requirements of the relocation statute. It is highly recommended that you seek the advice of an attorney familiar with these requirements prior to planning a move with your child to another city or state, or you are a person objecting to the move.
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