by Sally A. Lanham

All parents dread and fear the loss of child.  It can come in lots of forms: a death, an illness or a relocation by the primary parent. 

The courts and the legislature have dealt with the issue of parent relocation in the State of Washington.   After struggling for years with a series of cases with mixed results and no certainty, RCW 29.09.405 to 26.09.560 became the road map a moving parent must follow in order to move. What we now call the Relocation Statute became effective on June 8, 2000. 

The language from the act regarding notice to the other parent is in each parenting plan and order that sets forth a residential schedule. (Remember the concept of custody no longer exists in this state, we are all either primary or secondary residential parents.) 

The bottom line is that you have to give at least 60 days notice if it is not an emergency move.  If you don't, the court can take some drastic measures.   It is always important for the court to believe a parent is working in good faith and not trying to pull a fast one.
 
In Washington, there is a presumption that the primary parent will be allowed to move. However, a court has the power to require the child to return if the child is already gone, or the court can allow the parent to move.  

If the non-relocating party objects, an action is filed with the court and a hearing is set. The objecting party must convince the court the move will do more harm than good to the child. Even with the statute and the factors the court can consider, these are hard cases for everyone.

As a practical matter if you are the moving parent, a solid reason and good research is necessary for the court.  If you are the non-moving parent, there are many good arguments that can be presented to keep the child close.

Because of the cost of litigation, it may be better to take the money needed to stop the move and buy some airline tickets.