When a parent with a parenting plan wants to move a child’s residence to a new location, Washington law requires specific notice to the other parent. An “objection to relocate” is a legal action a parent can take when they believe the move would not be in their child’s best interest. At Cordes Brandt, PLLC, we are prepared to represent your interests in this time-sensitive and often contentious legal matter.
The Legal Process for Relocation
Under Washington law (RCW 26.09.440), a parent must provide written notice of their intent to relocate a child’s residence at least 60 days before the move. This notice must contain specific details, including the new address and the reason for the move. This allows the non-moving parent time to evaluate the situation and, if necessary, file an objection with the court.
If the other parent objects, they have 30 days to file a formal objection with the court. Once an objection is filed, the moving parent is legally prohibited from relocating with the child until a court has issued a new order. The court may also issue a temporary order during this time to maintain stability for the child.
Key Factors the Court Considers for Relocation
When a court hears a relocation objection, its primary focus is always the child’s best interest. The court will consider all relevant factors to decide whether to permit the move, including:
- The child’s relationship with each parent: How will the move affect the child’s established relationship with the non-moving parent? The court will examine the quality and frequency of contact.
- The child’s wishes: The court may consider the child’s preferences if they are of a sufficient age and maturity to express a reasoned opinion.
- The reasons for the move: Is the relocation for a legitimate, good-faith purpose, such as a new job, a support network, or to be closer to family? The court will be less likely to approve a move intended to limit the other parent’s access.
- The reasons for the objection: Is the objection based on genuine concerns for the child’s welfare or is it motivated by a desire to simply interfere with the other parent’s life?
- The history of conflict: Has either parent historically tried to frustrate the other parent’s relationship with the child?
- The impact on the child’s life: How will the move affect the child’s relationships, education, and emotional well-being?
The court will weigh these factors to determine if the benefits of the move outweigh the potential harm to the child’s relationship with the non-moving parent.
Why You Need Legal Representation
Given the emotional and legal complexities of a relocation dispute, consulting with an experienced family law attorney is crucial for protecting your rights and your child’s best interests. If you need to file or respond to a relocation objection, contact Cordes Brandt, PLLC to schedule a consultation and ensure your case is handled with the care and attention it deserves.
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