RELOCATING WITH THE CHILDREN UNDER A PARENTING PLAN
-S. Scott Burkhalter-
When a couple divorces or separates, whether married or not, if a legal action is filed, a Washington Court will order a parenting plan if children are involved. If a parent of a child(ren) under the parenting plan later wants to move with the child(ren), strict notice (and filing) requirements are necessary under Washington’s Relocation Act. The Act attempts to balance two important interests: a parent’s right to relocate for legitimate reasons and a child’s need for stability and ongoing contact with both parents. Relocation disputes are among the most emotionally difficult family law matters because they often involve major changes in schooling, family relationships, and parenting schedules.
Controlling Law
In Washington State, the “Relocation Act” refers to laws that govern when a parent can move with a child after a divorce or custody case. The law is formally known as the Washington Child Relocation Act and is codified primarily in RCW 26.09.405 through RCW 26.09.560. It applies whenever a parent who has the majority of residential time under a parenting plan wants to move with the child.
Purpose of the Relocation Act
The Washington Child Relocation Act was enacted to create a uniform legal process for relocation disputes. Before the law existed, courts handled relocation requests inconsistently. The Act established clearer procedures and standards so parents and judges would have predictable rules when relocation issues arise.
The law recognizes that families may need to move for employment opportunities, remarriage, education, military assignments, financial necessity, or proximity to extended family. At the same time, the law seeks to preserve the child’s relationship with both parents whenever possible.
When the Relocation Act Applies
The Act applies when:
- There is a court order or parenting plan already in place;
- One parent has substantially more residential time with the child; and
- That parent intends to move with the child.
The parent who plans to move is called the “relocating person.” The other parent is often referred to as the “objecting parent.”
The law generally applies even if the move is within Washington State. However, small moves (e.g., within the same school district) that do not significantly interfere with the other parent’s visitation may not trigger a major court dispute.
Notice Requirements
A relocating parent must usually provide formal written notice to every person entitled to visitation or residential time with the child.
Under Washington law, notice generally must be given at least 60 days before the intended move. If the parent could not reasonably know about the move earlier, notice must be given within five days after learning the information. [Note: the notice requirement is different for cases involving domestic violence or similar circumstances to avoid a clear, immediate, and unreasonable risk to my (or my children’s) health or safety.]
The notice typically includes:
- The intended new home address;
- Mailing address if different;
- Home telephone number;
- Date of the intended move;
- Child’s new school/daycare and address;
- Proposed revised parenting schedule (if wanting a changes); and
- Reasons for relocation.
The notice requirement is critical because failing to provide proper notice can negatively affect the relocating parent’s position in court.
Objection Process
After receiving notice, the non-relocating parent has a limited amount of time to object. In most cases, the parent must file a formal objection within 30 days of receiving the notice.
If no objection is filed within the required period, the relocation is usually permitted automatically.
Once an objection is filed, the court schedules hearings to determine whether the move should be allowed and whether the parenting plan should be modified.
Presumption Favoring Relocation
One of the most important aspects of Washington’s Relocation Act is the legal presumption in favor of allowing the move.
The law presumes that the intended relocation of the child will be permitted. This means the parent opposing the move bears the burden of proving that the harmful effect of the relocation outweighs the benefits to the child and the relocating parent.
This presumption often surprises parents because many assume both parents start on equal footing. Instead, Washington law gives significant weight to the residential parent’s ability to make life decisions for the family.
However, the presumption is not absolute. Courts can and do deny relocation requests when evidence shows the move would substantially harm the child.
Factors Courts Consider
Washington courts evaluate multiple statutory factors when deciding relocation disputes. These factors include:
- The strength and quality of the child’s relationship with each parent and other significant persons;
- Prior agreements between the parents;
- Whether disrupting contact with the non-relocating parent would be more harmful than disrupting the child’s relationship with the relocating parent;
- Whether either parent has limitations due to domestic violence, neglect, or substance abuse;
- The reasons for seeking or opposing the relocation;
- The child’s age, developmental stage, and needs;
- The quality of life, resources, and opportunities available in each location;
- Availability of alternative arrangements to preserve the parent-child relationship;
- Financial impact and logistics of travel;
- The feasibility of maintaining the child’s relationship with both parents; and
- Any other factor affecting the child’s best interests.
No single factor controls the outcome. Judges weigh the total circumstances of the family.
Common Reasons for Relocation
Parents seek relocation for many legitimate reasons, including:
- Better employment opportunities;
- Lower cost of living;
- Support from extended family;
- Educational opportunities;
- Remarriage or a partner’s job transfer;
- Military reassignment;
- Escaping domestic violence situations.
Courts generally do not require the relocating parent to prove the move is “necessary.” Instead, the focus is whether the move’s benefits outweigh the harm caused by reduced contact with the other parent.
Impact on Parenting Plans
If relocation is approved, courts usually modify the parenting plan. Since frequent weekly visitation may no longer be practical, parenting schedules often shift toward:
- Longer summer visits;
- Extended holiday schedules;
- School-break visitation;
- Increased virtual communication through video calls and messaging.
Transportation responsibilities and travel costs are also commonly addressed in the revised plan.
Consequences of Violating the Act
A parent who relocates without proper notice or court approval may face serious consequences, including:
- Court sanctions;
- Contempt findings;
- Orders requiring the child’s return;
- Modification of custody arrangements;
- Reduced residential time.
Courts take relocation violations seriously because unauthorized moves can disrupt the child’s stability and interfere with the other parent’s rights.
Conclusion
Washington’s Child Relocation Act provides a structured legal framework for resolving relocation disputes after divorce or separation. The law attempts to balance parental freedom with the child’s need for meaningful relationships with both parents.
Final Thoughts
Because relocation cases involve complex legal standards and highly emotional family dynamics, they are often among the most challenging matters in family court. The outcome depends heavily on the specific facts of the case, the existing parenting arrangement, and the court’s evaluation of what best serves the child’s long-term welfare.
It is critical the relocating provide the required timely notice, and filing with the Court. Likewise, it is critical the other parent timely object, and file with the Court.
We are here to help: S. Scott Burkhalter, scott@ssburklaw.com, 4253033110.