3.14 Summary of RCW 26.09.430 - .480, Regarding Relocation of a Child

This is a summary only. For the full text, please see RCW 26.09.430 through 26.09.480.

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 DRPSCU 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 DRPSCU 07.0700, (Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential Schedule). 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.

This dialog requires no input from the user; however, we did include it within the template and added links to all the RCW's that may be opened in your internet browser simply by clicking the links shown in Figure 1.

Figure 1

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Relief Requested Joinder End of Interview During the last five years, the children have lived: Claims to custody or visitation: Involvement in any other proceeding concerning the children: Other legal proceedings concerning the children: 2.1 Parental Conduct 2.2 Other Factors 3.1 Schedule for Children Under School Age 3.2 School Schedule 3.3 Schedule for Winter Vacation 3.4 Schedule for Other School Breaks 3.5 Summer Schedule 3.6 Vacation With Parents 3.7 Schedule for Holidays 3.8 Schedule for Special Occasions 3.9 Priorities Under the Residential Schedule 3.10 Restrictions 3.11 Transportation Arrangements 3.12 Designation of Custodian 3.13 Other 3.14 Summary of RCW 26.09.430 - .480... 4.1 Day-to-Day Decisions 4.2 Major Decisions 4.3 Restrictions in Decision Making V. Dispute Resolution VI. Other Provisions VII. Declaration for Proposed Parenting Plan VIII. Order by the Court 1. The Parenting Plan 2. Residential Schedule from Part III of the Parenting Plan 3. 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