Washington law requires that before a parent relocates outside of the child’s school district, the relocating parent must provide the other parent with notice of intended relocation. Once the relocating parent has provided this notice, the other parent may contest the relocation. Failure to timely contest the relocation could result in automatic approval of the relocation.

Washington provides detailed rules about relocation in RCW § 26.09.430. The statute reads: “A person with whom the child resides a majority of the time shall notify every other person entitled to residential time or visitation with the child under a court order if the person intends to relocate.”

The rules, detailed in RCW § 26.09.440, further stipulate that a custodial parent who wishes to relocate out of the child’s school district must give at least 60 days’ notice to the other parent. The notice must be in writing and delivered via process server or another form of mailing requiring a return receipt. The courts will waive the 60-day notice only in emergency situations in which the custodial parent had very little notice that s/he had to move, such as military orders to relocate. Even urgent matters require that appropriate notice be provided to the other parent.

The non-custodial parent has 30 days from the receipt of notice to object to the relocation if s/he so chooses. If s/he does not object, the courts will likely approve the relocation.

Can I Relocate with My Child without A Notice if There Is No Parenting Plan?

If you and your ex have no parenting plan in place, then the aforementioned Washington laws do not apply and you are technically free to move. But be forewarned: If the other party files an action with the court, a Judge can order that you return to the area.  Additionally, a move without appropriate notice can have a very negative effect on the court’s final custody determination.  Before making plans to relocate, consult a local family law attorney for assistance.