If you have primary legal custody over your children, you get to make the major decisions - where your child goes to school, what doctor she gets to see, and what religion he practices.
But if you want to move with your child, you can't just ignore the other parent. You likely will have to comply with the Child Relocation Act (CRA).
What is the Child Relocation Act?
The CRA requires you to notify the other parent if you want to move with your child. In most cases, you have to provide at least 60 days' advance notice to the other parent, who then has the right to object.
You can find the relocation statute in RCW 26.09.405 – RCW 26.09.560.
Do I have to comply with the Child Relocation Act?
You have to comply with the CRA if you have primary custody of your child under the parenting plan.
You do not have to worry about the CRA's detailed rules in these two (2) cases. Here they are:
1. There is no parenting plan
The CRA only applies when there is a "court order" in place between you and the other parent.
That is, a temporary parenting plan, a final parenting plan, or an equivalent court order that deals with child custody and visitation.
Example: You live in Clark County with your 5-year old son. The child's father lives in California. There is no parenting plan. You decide to move from Vancouver to Bellingham. You do not need to tell the other parent.
2. You see your child less than 45 percent of the time
The CRA applies if the child spends the majority of the time with you or if have "substantial residential time" with your child. This means you see your child between 45 percent and 100 percent of the time.
Example: Under the parenting plan, you see your children every other weekend, alternating holidays, and two weeks during the summer. You live in Stevens County and you plan to move to Grant County. You do not need to notify the other parent.
Of course, even though the CRA does not apply to you, the other parent may file a motion to modify the parenting plan, depending on how far you are moving.
How do I comply with the notice requirement under the CRA?
Under the CRA, you must fill out a standard form called "Notice of Intent to Move with the Children."
In essene, you briefly explain why you want to move (the reasons), when you want to move (the date), and where you plan to move (your new address).
You also need to include additional details (if applicable), like your chid's new school or daycare address and your new phone number.
How do I provide notice to the other party under the CRA?
After you fill out the "Notice of Intent" document, you have to serve this document on the other parent.
There are two (2) ways to accomplish service. personal service or service by mail.
If you serve by mail, you need a return receipt, to prove the other parent actually received the notice. Therefore, you can't just put the notice in the mailbox and hope the other parent gets it.
Can I just email the notice to the other parent?
No.
Email is not an authorized method of service under the CRA, unless the other parent agrees to service via email.
How much advance notice is required under the CRA?
You have to notify the other parent at least 60 days before you intend to move with the child.
Exception: You are moving within the same school district.
If you are moving within the same school district, you still have to notify the other parent, but you do not ned to provide 60 days' advance notice. In fact, under the statute, you can move before providing notice, so long as you provide notice afterwards. (We recommend providing notice beforehand regardless).
There is a second difference also. You don't have to formally serve the notice via mail or personal service. Instead, you merely have to provide "actual notice by any reasonable means." This can be as informal as email, text message, or via social media. (We recommend email).
I'm scared to notify the other parent that I'm moving. What can I do?
Under the CRA, you can ask the court to waive the notice requirement if you feel that your health or safety would be at risk—or that of your child would be at risk—if you are forced to tell the other parent that you're moving.
The court will review your motion and supporting materials ex-parte (meaning, the other parent is not present) to decide whether you have satisfied this requirement.
How do I object to relocation under the CRA?
If you are the non-moving party, you won't learn about the move until you receive a copy of the "Notice of Intent" from the other parent.
Once you receive the notice, you must file your objection with the court and serve your objection on the other parent. You must file your objection no later than 30 days of receiving the notice.
In some cases, your ex may have given you a heads up before serving you with the formal notice, but the clock doesn't officially start until you receive the notice.
As discussed above, you don't have the right to object if the other parent is simply moving within the same school district.
Example: Under the parenting plan, the child spends 80 percent of the time with the father and 20 percent of the time with the mother. The child attends school in the Seattle School District. Mother lives in Everett. Father moves from Ballard to Fremont. Mother cannot object, but can file a modification motion if she wants more time.
How does the court decide whether to allow relocation?
Under the CRA, the court must consider 11 separate factors before deciding whether to grant or deny relocation:
- The relative strength, nature, quality, extent of involvement, and stability of the child's relationship with each parent, siblings, and other significant people in the child's life.
- Any prior agreements between the parties about relocation
- Whether disrupting the contact between the child and relocating parent would be more detrimental to the child than disrupting contact between the child and the objecting parent
- Whether either parent has restrictions on his or her residential time based on such factors as domestic violence, impairment, or a history of abandonment or neglect.
- The reasons why the relocating parent is seeking relocation and the reasons why the objecting parent is objecting.
- The age, developmental stage, and the needs of the child and the likely impact relocation or non-relocation will have on the child's physical educational, and emotional development
- The quality of life, resources. And opportunities available to the child and the relocating parent in the current and proposed geographic locations.
- The availability of alternative arrangements to foster and continue the child's relationship with the other parent if the court grants relocation
- Alternatives to relocation and whether the non-relocating parent could also relocate.
- Financial impact and logistics of the relocation or its prevention
- For a temporary order … the amount of time between the temporary order and the final trial
The court weighs all factors equally. Even though the CRA lists the factors in this order, the legislature has explicitly told judges not to draw any inference based on the order.
Will the court grant my relocation motion?
Under the CRA, the trial court presumes that the relocating parent will be allowed if the relocating parent has primary custody of the child.
Example: Under the parenting plan, the child spends 75 percent of the time with mother and 25 percent of the time with father. Mother lives in Grant County but wants to move with the child to Clallam County. Father objects.
The court presumes the move will be allowed unless the father presents sufficient evidence to justify why the court should notallow the move.