You have been offered a job in another State. The job offers better pay and better opportunity. Two years ago, you went through an amicable divorce with your spouse. In those divorce proceedings, a final parenting plan was entered establishing the residential provisions for your children. Under the plan, your ex-spouse has every other weekend with the children from Friday evening to Monday morning and every Tuesday and Thursday overnight with shared holidays and school breaks. You are considered the primary parent because you have the majority of overnights with the children in a calendar year.
With this new job opportunity and a parenting plan in effect, what do you do? Washington law requires specific notice requirements in the event you are going to relocate with the children. Generally speaking, notice must be given no less than sixty (60) days before the date of the intended relocation of the children by personal service or any form of mail requiring a return receipt. The notice must contain an address where you may be served during the period of objection (30 days), the reason for the relocation, and a statement setting forth the method by which your ex-spouse may object as specifically set forth in RCW 26.09.440. The notice must also include new contact information for the children, the children’s new school/daycare, and a proposed parenting plan with a revised schedule. Provided the specific requirements of RCW 26.09.440 are met, the relocation of the children shall be permitted absent timely objection by your ex-spouse.
Relocating with children where a parenting plan is in effect can be procedurally complicated. The failure to provide proper notice may be grounds for sanctions, including contempt of court.
S. Scott Burkhalter
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