Relocation

The court follows the relocation act when determining if a child will be allowed to move with a parent

When a parenting plan has been entered, the primary parent needs to provide notice to the other parent before relocating. If relocating within the same school district, notice is simple. However, if relocating outside the school district, the process is more complicated. The primary parent either has to have the agreement of the other parent to relocate or the primary parent must prevail in court for the move to be permitted.

The court follows the relocation act when determining if a child will be allowed to move with a parent. The court relies on 11 factors to make its decision.

Recent changes in the statute have made it easier for a parent with 50/50 custody to move with the child.

The same factors apply for both a primary parent and a parent with 50/50 custody. The court looks at the following issues when determining if a child may relocate with a parent:

  • The relative strength, nature, quality, extent of involvement, and stability of the child’s relationship with each parent, siblings, and other significant persons in their life;

  • Prior agreements of the parties;

  • If disrupting the contact between the child and the primary parent would be more harmful than disrupting contact between the child and the person objecting to the relocation;

  • If either parent or a person entitled to residential time with the child is subject to limitations under RCW 26.09.191;

  • The reasons of each person for seeking or opposing the relocation and the good faith of each person in doing so;

  • The age, developmental stage, and needs of the child, and the likely impact the relocation will have on his or her physical, educational, and emotional development;

  • The quality of life, resources, and opportunities available to the child in the current and proposed geographic locations;

  • The availability of alternative arrangements to foster and continue the child’s relationship with and access to the other parent;

  • The alternatives to relocation and whether it is feasible and desirable for the other party to also relocate;

  • The financial impact and logistics of the relocation or its prevention;

  • For a temporary order, the amount of time before a final decision can be made at trial.

If Granted...

If the court grants the relocation, the next question is what the new residential schedule will be once the move takes place.

Schedule an Appointment

Whether you wish to relocate with your child or you wish to stop your child’s relocation, please contact the firm and we can schedule an appointment discuss how best to move forward.

Use the form below or call us at (425) 318-2636.