Relocation with Children in Washington Family Law Cases

When a parent wants to relocate with their child after a divorce or custody order, the decision involves more than simply packing up and moving. Washington law places strict requirements on parents who wish to relocate, and courts carefully balance the rights of both parents with the best interests of the child. Understanding the rules around notice and court approval is essential for any parent considering relocation.

Notice Requirements for Relocation

Under Washington’s Child Relocation Act (RCW 26.09.430–.560), a parent with primary residential custody must provide advance written notice to the other parent before relocating with the child. Key requirements include:

  • Notice timeline: Generally, at least 60 days before the intended move, unless an emergency or safety concern exists.
  • Contents of notice: The notice must include the proposed new address, school information, reasons for the move, and a proposed revised parenting plan.
  • Exceptions: If there are domestic violence or safety concerns, the court may allow limited disclosure to protect the parent and child.

Failure to give proper notice can negatively impact a parent’s case and even lead to sanctions.

How Courts Decide Relocation Requests

If the other parent objects to the relocation, the court must decide whether the move will be allowed. Washington courts apply a balancing test that considers:

  • Best interests of the child: The child’s emotional, educational, and social needs.
  • Impact on the relationship with the non-relocating parent: Whether the move will significantly limit visitation or involvement.
  • Reasons for relocation: Such as job opportunities, family support, or remarriage.
  • Feasibility of preserving the relationship: Whether technology, extended visits, or travel arrangements can maintain strong bonds with both parents.

The relocating parent often has an advantage if they are the primary caregiver, but courts ultimately focus on what arrangement best serves the child’s stability and well-being.

Practical Considerations for Parents

Relocation cases can be emotionally charged and legally complex. Parents should:

  • Provide detailed reasons for the move and how it benefits the child.
  • Propose realistic plans for maintaining the child’s relationship with the other parent.
  • Seek legal advice early to avoid procedural missteps, especially with notice requirements.

Relocation with a Children in Washington is never a simple decision. Courts must weigh the benefits of the move against the disruption it causes in the child’s relationship with both parents. Whether you are seeking to relocate or opposing a proposed move, the Law Office of Erin Bradley McAleer can guide you through the legal process and advocate for your child’s best interests.