Filing a Notice of Intended Relocation in Washington State: Timelines and Legal Requirements

Understanding the Washington Child Relocation Act

Life changes, and sometimes those changes require a family to move. In Washington State, if you have a court-ordered Parenting Plan and you want to move with your child outside of their current school district, you cannot simply pack up and leave. The state strictly governs these moves through the Child Relocation Act. The law requires you to formally notify any person who has residential time or visitation rights with the child. This gives the other party a chance to object if they believe the move will harm their relationship with the child.

Failing to follow these rules can lead to severe consequences, including being held in contempt of court or being ordered to bring the child back to Washington. Because the stakes are so high, we highly recommend browsing our US Lawyer Catalog to find an experienced local family lawyer who can guide you through the complexities of a relocation case.

The Strict 60-Day Notice Rule

According to Wash. Rev. Code § 26.09.430, a parent who wishes to relocate must provide notice at least 60 days before the intended move. This notice cannot just be a text message or an email; it must be a formal legal document. You must complete Form FL Relocate 701, Washington, Superior Court, Notice of Intent to Move with Children (Relocation). This form must be filed with the court and properly served on the other parent via personal service or certified mail with a return receipt requested.

There are rare exceptions to the 60-day rule. If you did not know about the move in time to give 60 days' notice, you must give notice within five days of finding out you will be moving. In cases of domestic violence where disclosing your new address could put you in danger, the court may allow you to delay notice or keep your address confidential.

Specific Scenarios for Relocating

Washington courts presume that a move is allowed unless the objecting parent can prove otherwise. When evaluating the move, the court looks at the reasons behind it, as outlined in the precedent-setting case In re Marriage of Horner, 151 Wash. 2d 884 (WA Supreme Court 2004). Here are common reasons parents move and how they are handled.

Relocating for a New Job

Career advancements or job transfers are among the most common reasons for a move. If you receive a significant job offer in another state or across Washington, the court will weigh the financial and emotional benefits this new job brings to your child's life. You will need to show that the new income or improved work schedule enhances your family's stability. Be prepared to provide the court with your offer letter, salary details, and information about the schools in your new neighborhood.

Moving to Be Closer to Family

Many parents wish to move back to their hometown or closer to extended family for emotional and financial support. Courts generally recognize that a strong extended family network can be highly beneficial for a child. If you are moving to be closer to grandparents who can provide free childcare, this can be a strong argument in favor of the relocation. The court will balance the benefit of this extended family support against the disruption to the child's relationship with the non-relocating parent.

Military Permanent Change of Station (PCS)

Washington has a large military presence, with installations near the Pierce County Superior Court, Tacoma and the Kitsap County Superior Court, Port Orchard. If you are an active-duty service member facing a Permanent Change of Station (PCS), the court understands that the move is involuntary. However, you must still file your Notice of Intended Relocation. Courts often work to create modified parenting plans that allow for extended summer vacations or virtual visitation to accommodate the unique challenges of a military relocation.

How Much Does it Cost in Washington?

The cost to file for relocation varies based on whether your original custody order is from Washington and how the other parent responds.

How Long Does the Process Take?

Once you serve the Notice, the other parent has exactly 30 days to file an objection. If they do not object within 30 days, the relocation is automatically permitted by law, and you can file to finalize your new proposed Parenting Plan. If they do object, the process takes much longer. A contested relocation trial in courts like the King County Superior Court, Seattle or the Spokane County Superior Court, Spokane can take anywhere from 4 to 10 months to resolve, depending on the court's calendar and whether expert evaluations are required.

Frequently Asked Questions (FAQ)