Tuesday, April 21, 2009
Relocation of Children in Washington
Several years ago, the Washington legislature passed a statue that defines how and when a child may be relocated (moved). Prior case law was conflicted and unacceptable, so the legislature stepped in. Currently, once a Parenting Plan is in effect, a parent may not relocate a child without first giving 60 days advanced written notice, with a proposed new Parenting Plan. The non primary residential parent then has 30 days to object by filing an objection with the court. If they fail to object, the relocation and the proposed new Parenting Plan will be adopted by the court. If they object, the parties will be given a trial date. The court on a temporary motion can determine whether the move will be allowed pending trial. At trial, the court will ultimately decide if the the relocation will be allowed, and if so, what the new Parenting Plan will look like. There is a statutory presumption to allow the relocation, but it is a rebutable presumption that the other party can present evidence on why it should not happen. The statue spell out a list of factors that the court should consider in deciding the relocation.
The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including relocation. Please visit our web page at http://mgrlaw.com/legalarticle/Family-Law-Information.html for more information.