Relocation (moving the children out of the school district)
Are you planning to move with your children out of the school district you currently live in? Is your ex-spouse (or ex-partner) planning on moving with the kids? “Relocation” is the legal term for moving with children, and it involves complex issues. Whether you want to move or object to the other parent moving, pre-planning (if possible) as far in advance as possible is critical to increasing success in court.
Relocation involves a procedure that is controlled by statutes and case law. RCW 26.09.405-560 are the statutes that govern relocation cases in Washington state. The notice provisions are important, and RCW 26.09.520 is the statute that details 11 factors the court must consider in granting or denying a relocation.
“I have been involved in numerous relocation cases, helping clients with pre-planning, court room work before trial (including requests to move before trial), trial, and appeal. I have represented men and women wanting to move, and also men and women objecting to the other parent moving. In Marriage of Wehr, I succeeded in achieving my client’s goals in all four stages, in the pre-planning, motion for temporary orders, trial and on appeal. Click here to read the Wehr case from the Court of Appeals (this version includes the unpublished portion detailing the facts and addressing psychological issues).”
– Mark Baumann, 2014
If you wish to represent yourself, or prepare as much as you can before you contact an attorney for relocation advice, you can review the statutes. Here is a link to the statute that lists the factors the court must consider. For more in depth research, search “rcw 26 09 520 and relocation” at scholar.google.com (make sure to restrict your search to Washington cases) and read the cases involving relocation.
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