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If you’re moving to a different school district, city, state or country, notice is required at least 60 days from the date that you anticipate the move, with some exceptions for unforeseen circumstances, such as:
Relocation without proper notice occurs all the time. This scenario becomes an issue when the other parent has residential time.
Suppose you have a parenting plan where the other parent sees the child every other weekend. If you move, you’re denying them their time. Because you’re violating the parenting plan, the other parent can file a contempt action against you.
Potential consequences if you’re found in contempt of the court’s order include:
Attorney Diem Chi Nguyen is a skilled lawyer based in Renton, Washington, who has helped many clients like you navigate the intricacies of family law. With years of experience, she is prepared to assist you in taking the proper legal steps to notify your ex of your intention to relocate with your child in a way that protects your future and your ex’s parenting time.
Still have questions? Ready to get started? Contact DC Nguyen Law today to schedule an initial consultation.
Some parents can speak with each other without going to court. For example, suppose a mother has primary custody of her child, the father has custody every other weekend, and both parents live in Seattle, 10 minutes apart.
The mother wants to move 30 minutes outside Seattle so that her child can attend a different school. Perhaps the mother notifies the father by text of her intention to relocate and reassures him that it doesn’t change his visitation. If they’re both reasonable and agree, no notice is required.
If the parents don’t agree, the relocating parent can download and file the standardized FL Relocate 701 Notice of Intent to Move with Children with the court. This form, served on the other parent, is notice of the filer’s intention to relocate with their child on a specified date to a specified location for a specified reason.
The non-relocating parent has 30 days to respond by filing an objection to the notice. When that objection goes through, the court issues a case schedule for litigating the issue.
The specific information that must be included on the relocation notice includes:
You are only required to provide more detailed information when the other parent objects to the relocation, which will trigger the case schedule.
There are several factors under the relocation statute that the court must consider when determining whether to grant a relocation when a parent objects.
The parenting plan entered with the court determines the child’s custody. The most standard arrangement is one where there’s a primary parent, who has the child more than 50% of the time, while the other parent has the child every other weekend.
When you have a child more than 50% of the time, there is a legal presumption that relocation will be granted, unless the parent without primary custody can prove that relocation is detrimental to the child. In making its determination, the court will consider several factors, including:
If one parent objects, the court will consider whether a disruption of the schedule with the mother or father is detrimental.
If the mother is primary and has the child Monday through Friday, the court is likely to conclude that disrupting her schedule with the child is more detrimental than disrupting the father’s every-other-weekend schedule.
The court will consider the reasons for relocation. For example, if a mother was relocating because of a job offer that would pay her $20,000 more than she’s earning, that factor weighs heavily in favor of relocating.
How old is this child? What will be the effect of starting at a new school?
If a child were finishing up 5th grade and entering 6th grade, they would be starting at a new school anyway. Therefore, relocating a child at this time would likely be reasonable and unlikely to affect them as much as moving them away from their friend network in the middle of their junior year of high school.
Suppose a mother living in Seattle, where the rent is so expensive, can only afford a studio apartment. However, if she moves to Federal Way, she can rent or buy a reasonable three-bedroom house. The court considers these kinds of financial impact issues.
If the mother moves to Federal Way, she can still drive the child to see the father every other weekend, preserving the relationship between the child and the father.
The court will look at the relationship between the child and each parent. If, for example, the child is closely bonded with the mother, it would make sense to allow the child to move.
However, there might be strong bonds between the child and both parents. When that happens, you’re trying to tip the scale in your favor if you’re looking to have the court grant a relocation. Keep in mind, however, that the presumption is that the primary parent with 50% or more residential time will likely be permitted to relocate.
Attorney Diem Chi Nguyen is a skilled lawyer based in Renton, Washington, who has helped many clients like you navigate the intricacies of family law. With years of experience, she is prepared to assist you in taking the proper legal steps to notify your ex of your intention to relocate with your child in a way that protects your future and your ex’s parenting time.
Still have questions? Ready to get started? Contact DC Nguyen Law today to schedule an initial consultation.
Most clients come to see me with ample advance time before they want to move. Many want to move in the summer when the children are out of school. They tell me their plan, and I run through the relevant factors the court considers to determine whether those factors weigh in their favor.
Often, the trigger for relocation is receiving a better job offer or being unable to afford to live in your current location. Also, if you move, there might be a family member at your new location who can help with childcare and save you daycare expenses.
If there is sufficient justification for a relocation, I advise you to make a plan and consider whether:
Relocation is innately unfair to the non-custodial parent because of the presumption that favors the custodial parent’s choice to relocate. The most equitable solution is to provide a good-faith parenting plan.
If you’re moving and your child won’t see their father every other weekend, offer the father spring break, mid-winter break or 8 weeks in summer. Offer a schedule that equalizes the amount of time that he has with the child, so that he is more likely to agree to the move.
When a parent wants to relocate, keeping the schedule the same and depriving the other parent of their time isn’t quite fair. Often, when I meet with clients, I’ll ask them to consider what it would feel like if the roles were reversed to persuade them to be fair to the other parent.
For more information on child relocation in Washington state, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (425) 200-6439 today.
Attorney Diem Chi Nguyen is a skilled lawyer based in Renton, Washington, who has helped many clients like you navigate the intricacies of family law. With years of experience, she is prepared to assist you in taking the proper legal steps to notify your ex of your intention to relocate with your child in a way that protects your future and your ex’s parenting time.
Still have questions? Ready to get started? Contact DC Nguyen Law today to schedule an initial consultation.
