Question

My wife and I divorced about 5 years ago.  We have two kids.  Under our final parenting plan, I am the primary residential parent and my wife sees the kids every other weekend, and once a week during the week.  I was recently offered a great new job that will really improve our financial situation.  The only problem is that the kids and I will have to move if I take the job.  Do I need to tell my ex?

Answer

Yes.  Your parenting plan (like every parenting plan in Washington) – has a section which addresses the procedures for relocation as set out in the statutes (RCW 26.09.430 – .480) which cover the relocation of children.  When the parent with whom a child resides the majority of time plans to relocate with the child, there is a very specific process that that parent must follow before he can do so.  This process includes giving notice to the other parent.  In addition, the other parent has a right to ask the court to modify the parenting plan as a result of the move, or to block the move altogether.

Step 1: Notice.

First, the parent who plans to move must provide notice to the other parent.  The requirements for notice vary depending upon whether or not the relocating parent intends to move outside of the child’s current school district.

If a parent plans to move with the children inside the child’s school district, then the relocating parent must simply provide “actual notice” to the other parent “by any reasonable means.”  Although the form of notice is not specified in the statute, the best way to provide actual notice is in writing so that there is a written record.

If the parent plans to move outside the child’s school district, written notice must be provided either personally (such as by hiring someone to actually hand deliver the document to the other parent), or by sending the notice by mail, with a return receipt requested.   Importantly, this notice must be provided to the non-relocating parent at least 60 days prior to the intended move.

In addition, the relocating parent is required to give the other parent specific information about the move, including the parent’s reasons for moving; information about the other parent’s right to object to the move; the child’s new address and phone number; and the name of the child’s new school or day care.  A blank notice form, which has spaces in which to put all of the required information, is available on the Washington courts’ pattern forms site – check out an example here.

Step 2.  Modification or Objection.

In addition to being entitled to notice of the intended move, the other parent also has the right to seek a remedy with the court if they do not agree with the move.

When the relocating parent plans to move within the child’s school district, the other parent does not have the right to formally object to the move.  However, she may ask the court to modify the parenting plan, and to provide them with more time with the children, or to add additional provisions to the parenting plan to make sure that the move does not affect that parents’ ability to see the children.

When a parent plans to with the children outside of their school district, the other parent has the right to object to the move.  However, the objecting parent must object within 30 days after they receive notice of the move – and, because the other parent has 30 days to object, the relocating parent may not move until after those 30 days are up.

If the non-relocating parent does indeed object to the move, she must file her objection with the court, and serve a copy of the objection on the relocating parent.  Like the notice form, a form for objection to a relocation is available on the Washington courts’ pattern forms site – check out an example here.  Once the other parent has filed her objection, it is up to the court to decide whether or not the primary residential parent will ultimately be permitted to move with the children.

Under Washington law, there is a “presumption in favor” of relocation.  What this means is that the court will presume that relocating with the primary residential parent is in the child’s best interests, and, unless the objecting parent can show that the move would be detrimental to the child, the move will more likely than not be permitted.  Whether or not relocation is in any one child’s best interests is a highly factual inquiry.  Thus, every relocation case is different.  The important thing to keep in mind is that you must follow the requirements of the relocation statutes before moving – otherwise you could find yourself in trouble with the court later.