By Sally Lanham

During the past few years most people have been moving from the State of Washington in order to take a new job. Now people are moving because they have lost their old job and their homes and their . . . it just goes on and on.

I have received a number of calls from parents who recently have been told they are facing certain layoffs. They have little or no faith the job will come back before the unemployment runs out. They have reached the conclusion they must move to another state or area and live with a family member until they can find employment.

The decision has been made by the primary residential parent and they are met with resistance from the secondary residential parent. That is when I receive a desperate call.

I inquire if there is any kind of formal, signed by the judge, filed with the court, parenting plan. If such a document exists, I let them know they have to give formal notice to the secondary residential parent. If an objection is filed, it will be necessary to proceed to seek temporary orders for a move and ultimately a trial.

If there is no "real" but only imagined parenting plan then the parent with the children is free to go. I also explain the other parent is just as free to trot to the court house and seek a parenting plan and stop the move.
So, now what? It costs money to litigate but it keeps someone from being accused of kidnapping or worse. It is very difficult to stay in the Puget Sound area because of the high cost living but just as hard to leave.

While moving for a job has always been a common issue, it will be interesting to see how the new economy changes the way our commissioners look at the new cases soon to be on their docket.

There are mandatory forms available. They can be accessed via: http://www.courts.wa.gov/forms/

Sally Lanham received her law degree from the University of Idaho (JD 1985), where her honors included: Academic Member of the Idaho Law Review, Summer Editor of the Law Review, American Jurisprudence Award for Property, Founding Member of the Delta Theta Phi Legal Fraternity. She earlier received her undergraduate degree from Central Michigan University (B.S. 1977). Sally also speaks Spanish.