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.
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