Life doesn't stand still after divorce. Job opportunities arise in other cities. Family circumstances change. New relationships develop in different locations. But when you have children and a court-ordered parenting plan, you can't simply pack up and move without following specific legal procedures.

Washington State's Child Relocation Act governs what happens when a parent with an existing parenting plan wants to move with their child. Understanding these laws is crucial whether you're the parent planning to relocate or the parent who has just been notified of a proposed move.

Attorney Tatiana Gidirimsky, with 22 years of family law experience, explains everything you need to know about child relocation in Washington State.

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Planning to move with your child after divorce? Washington's Child Relocation Act has strict rules you must follow. Attorney Tatiana Gidirimsky explains the 60-day notice requirement, the critical 55% custody threshold, and why following proper procedures is essential to avoid contempt of court.

Attorney Tatiana Gidirimsky, with 22 years of family law experience, explains everything you need to know about child relocation in Washington State.

When Does the Child Relocation Act Apply?

Not every move triggers the Child Relocation Act's requirements. The law applies in specific circumstances based on your custody arrangement and the distance of your proposed move.

The 45% Custody Threshold

The Child Relocation Act applies if you have your child at least 45% of the time under your parenting plan and you want to move outside of the child's current school district.

This 45% threshold is significant. If you have your child less than 45% of the time (meaning the other parent has primary custody with more than 55% of residential time), different rules may apply, and you may need to seek a modification of the parenting plan rather than following relocation procedures.

What Counts as "Outside the School District"?

The Child Relocation Act is triggered when you want to move to:

A different city (if it's outside the current school district)
A different state
A different country

Even a move to a neighboring city can trigger these requirements if it crosses school district boundaries. The key is not the physical distance, but whether the move would require changing the child's school or make the existing parenting plan schedule impractical.

Why the School District Matters

School districts define the geographic boundary because courts recognize that maintaining continuity in a child's education and community is important. A move that requires changing schools represents a significant disruption to the child's life and to the existing parenting arrangement.

The Required 60-Day Notice: Don't Skip This Step

If your planned move triggers the Child Relocation Act, you must provide proper legal notice to the other parent. This isn't optional, and the requirements are specific.

The 60-Day Advance Notice Requirement

Washington law requires you to notify the other parent at least 60 days in advance of your intended move. This notice period gives the other parent time to:

Consider how the move affects their relationship with the child
Consult with an attorney
Decide whether to object to the relocation
Prepare and file an objection if they choose to contest the move

Specific Content Requirements

The relocation notice isn't just a casual heads-up. The Child Relocation Act specifies exactly what information must be included in the notice:

Your intended new address (or as specific as you can provide if you don't have an exact address yet)
The date you plan to relocate
Your reasons for the proposed relocation
A proposed revised parenting plan that accounts for the distance

The Other Parent's Right to Object

After receiving your notice, the other parent has the right to object to the proposed relocation. If they choose to object, they must:

File their objection with the court within specific timeframes
Serve you with a copy of the objection
Follow specific procedural requirements outlined in the statute

What Happens If There's an Objection

If the other parent files a timely objection with the court, the case will proceed to trial. You cannot move with the child until the court decides whether to permit the relocation.

This is why proper planning is essential. If you've already accepted a job in another state or signed a lease for a new home, and the other parent objects, you could find yourself in a very difficult position—unable to move with your child but having already made commitments based on the assumption you could relocate.

The Consequences of Not Following Proper Procedures

Some parents make the mistake of thinking they can simply move and deal with the consequences later. This is an extremely bad idea.

Contempt of Court

Failing to follow the Child Relocation Act's requirements can result in being held in contempt of court. This is a serious matter that can lead to:

Fines and financial penalties
Being ordered to pay the other parent's attorney's fees
Having to return the child to Washington immediately
Loss of custody or significant reduction in your parenting time
In extreme cases, potential jail time

Other Legal Consequences

Beyond contempt, failing to follow proper relocation procedures can:

Damage your credibility with the court
Be used as evidence that you disregard court orders
Affect future custody decisions
Result in emergency orders restricting your custody
Lead to accusations of parental kidnapping in extreme cases

The Stakes Are Too High to Risk It

It is absolutely critical to understand and follow the legal requirements for relocation. Even if you believe the other parent won't object, even if you think your reasons for moving are obviously justified, you must follow the proper procedures.

When in doubt, consult with an experienced family law attorney before taking any steps toward relocation. The cost of a legal consultation is insignificant compared to the potential consequences of violating the Child Relocation Act.

The Critical 55% Custody Threshold: Why It Changes Everything

Here's where relocation law gets particularly important: the percentage of time you have with your child dramatically affects how easily you can relocate.

More Than 55% Residential Time: The Rebuttable Presumption

If you have the child more than 55% of the time under your parenting plan, Washington law grants you a rebuttable presumption in favor of permitting the relocation.

This is huge. It means the court starts with the assumption that your relocation should be allowed, and the burden is on the other parent to prove why it shouldn't be permitted.

What "Rebuttable Presumption" Means

A rebuttable presumption is a legal concept that means:

The court begins with the assumption that relocation is appropriate
You (the moving parent) don't have the burden of proving why you should be allowed to move
Instead, the other parent has the burden of proving why the move should NOT be allowed
This makes it significantly easier for you to prevail in a contested relocation case

This presumption recognizes that the parent who has the child most of the time has been the primary caregiver and should generally have the ability to make major life decisions, including where to live.

The 11 Statutory Factors

When you have the rebuttable presumption (more than 55% residential time), the court considers 11 different factors outlined in Washington's relocation statute. Importantly, these factors look at:

The best interest of the child, AND
The best interest of the moving parent

This is a crucial distinction. The court doesn't just consider what's best for the child in isolation—it also considers what's best for you, the parent seeking to relocate.

The 11 factors include considerations such as:

The relative strength and nature of the child's relationship with each parent
Whether the move is being proposed in good faith
The age, developmental stage, and needs of the child
The child's relationship with siblings and other significant people
Whether a realistic and reasonable schedule can maintain the relationship with the non-moving parent
The wishes of the child (if age-appropriate)
Whether the move would enhance the general quality of life for the child and the relocating parent
The reasons for the proposed relocation
The educational opportunities in the current and proposed locations
The availability of extended family in each location
Any other relevant factors

Good Reasons to Relocate

When you have the rebuttable presumption, courts are likely to permit relocation when you have legitimate reasons such as:

Career Opportunities: A job offer, promotion, or transfer that provides better income or career advancement

Family Support: Moving to be closer to extended family who can provide emotional and practical support

New Spouse or Partner: Relocating to live with or near a new spouse or committed partner

Educational Opportunities: Pursuing education or training that will improve your circumstances

Better Quality of Life: Moving to an area with better schools, lower cost of living, or other advantages

Health Reasons: Relocating for medical treatment, better climate, or caregiving for a family member

When Relocation Is Likely to Be Approved

If you have more than 55% residential time and you have a good reason to move (as outlined above), and there are no compelling circumstances that would justify preventing the relocation, the court is very likely to allow you to relocate with the child.

The presumption in your favor, combined with the court's consideration of your interests (not just the child's), creates a strong likelihood of success in most cases.

Less Than 55% Residential Time: A Much Higher Bar

If you have the child less than 55% of the time under your parenting plan, the situation is dramatically different—and much more difficult.

No Presumption in Your Favor

Without the rebuttable presumption, you don't get the benefit of the court starting with the assumption that relocation is appropriate. Instead, you bear the burden of proving that relocation is in the child's best interest.

Best Interest of the Child ONLY

Here's the critical difference: when you don't have the presumption, the court looks only at the best interest of the child.

The court does not consider what would be best for you, the moving parent. Your career opportunities, your family support network, your new relationship—none of these factors matter to the court's analysis if you have less than 55% residential time.

This makes relocation significantly more difficult to obtain when you're not the primary residential parent.

The Court's Focus

Without the presumption, the court's analysis focuses on questions like:

Will this move harm the child's relationship with the non-moving parent?
Can the child's relationship with both parents be adequately maintained?
Will the move disrupt the child's stability, education, and community connections?
Does the child have strong ties to the current location?
What is the quality of the relationship between the child and each parent?

When Relocation Might Still Be Approved

Even without the presumption, relocation can still be approved if you can demonstrate that the move is genuinely in the child's best interest, such as:

The child has a closer relationship with you despite less residential time
The current location has significant problems (poor schools, dangerous neighborhood, etc.)
The new location offers substantial benefits for the child (better schools, family support, etc.)
The other parent's involvement has been limited despite having more residential time
A reasonable parenting plan can maintain the child's relationship with both parents

However, these cases are much more difficult and uncertain than when you have the presumption in your favor.

The Impact on the Non-Moving Parent

Relocation cases are often extremely difficult for the parent who isn't moving. The prospect of your child moving away—potentially to another state or country—represents a fundamental change to your relationship with your child.

The Painful Reality

When relocation is approved, the non-moving parent faces:

Dramatically reduced time with their child
Loss of day-to-day involvement in the child's life
Missing routine moments: dinner conversations, homework help, bedtime rituals
Becoming a "vacation parent" rather than a daily presence
Significant travel time and expense to maintain the relationship
Difficulty participating in the child's activities and school events
Feelings of loss, grief, and powerlessness

Your Rights as the Non-Moving Parent

If your child's other parent has notified you of a proposed relocation, you have rights:

The Right to Object: You can file an objection with the court, forcing the matter to trial

The Right to Be Heard: You can present evidence about why the relocation should not be permitted

The Right to Propose Alternatives: You can suggest alternative arrangements that might avoid relocation

The Right to a Modified Parenting Plan: If relocation is approved, you can negotiate or litigate for a revised schedule that maximizes your time with the child

Strategic Considerations

If you're opposing a relocation, consider:

Whether the other parent has the rebuttable presumption (more than 55% residential time)
The strength of their reasons for relocating
Whether you can propose a reasonable alternative
The potential cost of litigation versus the likelihood of success
How a contested fight might affect your relationship with your child
Whether proposing a thoughtful revised parenting plan might be more productive than opposing the move entirely

Modifying the Parenting Plan for Long-Distance Parenting

When relocation is approved, the existing parenting plan becomes impractical. A schedule designed for parents living in the same city doesn't work when one parent moves to another state.

Typical Long-Distance Parenting Plans

Common arrangements for long-distance parenting include:

Extended Summer Time: The non-moving parent often gets the majority of summer vacation (6-8 weeks) to compensate for reduced time during the school year

School Breaks: The child spends extended school breaks (winter break, spring break) with the non-moving parent

Holiday Rotation: Alternating major holidays, often with the child flying between locations

Telephone and Video Contact: Regular scheduled phone or video calls to maintain connection

Weekend Visits: In some cases where distance permits, some weekends with the non-moving parent

Visits to the New Location: The non-moving parent may visit the child in the new location for some weekends or shorter periods

Who Pays for Travel?

Travel expenses for long-distance parenting can be substantial. Courts typically consider:

Each parent's financial resources
The proportional responsibility based on income (similar to child support calculations)
Who initiated the move (the relocating parent often bears more of the cost)
The distance involved

Making Long-Distance Parenting Work

While long-distance parenting is challenging, it can work with:

Commitment from Both Parents: Prioritizing the child's relationship with both parents

Consistent Communication: Regular video calls, texts (age-appropriate), and phone conversations

Flexibility: Being willing to adjust schedules when opportunities arise

Positive Attitude: Not badmouthing the other parent or expressing resentment to the child

Use of Technology: Sharing photos, videos, and staying connected virtually

Financial Planning: Budgeting for travel expenses and making it a priority

When to Consult a Family Law Attorney

Relocation cases are among the most complex and emotionally charged matters in family law. You should consult with an experienced attorney if:

If You're Planning to Relocate:

Before you accept a job offer in another location
Before you sign a lease or purchase agreement for a new home
Before you notify the other parent of your intention to move
As soon as you know you want to relocate, even if it's just in the planning stages

Early consultation allows your attorney to help you:

Understand whether you have the rebuttable presumption
Assess the likelihood of success if the move is contested
Prepare a proper relocation notice with all required information
Develop a proposed revised parenting plan
Gather evidence supporting your reasons for relocation
Plan the timing strategically

If You've Been Notified of a Proposed Relocation:

Immediately upon receiving notice from the other parent
Before the deadline to object passes

Your attorney can help you:

Understand your rights and options
Evaluate whether objecting is likely to be successful
Prepare and file a timely objection if appropriate
Develop a strategy for litigation or negotiation
Propose alternative arrangements
Protect your relationship with your child

The Cost of Not Getting Legal Help

Attempting to handle a relocation case without experienced legal counsel can result in:

Missing critical deadlines
Failing to include required information in notices or objections
Inadvertently waiving important rights
Making strategic mistakes that weaken your case
Not understanding how the 55% threshold affects your situation
Poor presentation of your case at trial

The stakes in relocation cases are simply too high to navigate alone.

Common Questions About Child Relocation in Washington

Can I Move Temporarily Without Following These Procedures?

It depends on the length and circumstances. A temporary move (such as a few weeks or months) that doesn't require changing schools may not trigger the Child Relocation Act. However, if you're planning to move for an extended period or if it interferes with the parenting plan schedule, you should consult an attorney.

What If the Other Parent Doesn't Respond to My Notice?

If the other parent doesn't file a timely objection, you can generally proceed with the relocation. However, you should file the notice with the court and obtain a court order confirming that relocation is permitted.

Can I Move While the Case Is Pending?

Generally, no. If the other parent has filed an objection, you must wait for the court's decision before relocating. Moving before the court decides could result in contempt and other serious consequences.

What If I Have an Emergency and Need to Move Immediately?

True emergencies (such as domestic violence, immediate job loss with no local alternatives, etc.) may warrant expedited proceedings. Consult an attorney immediately to explore emergency motion options.

Can the Court Prevent Me From Moving Even If I Don't Take the Child?

The court cannot prevent you personally from moving. However, if you move without the child, the other parent may seek to modify the parenting plan to make them the primary residential parent since you're no longer in the area.

How Long Does a Relocation Case Take?

If the other parent objects, relocation cases typically take several months to resolve through trial. This is another reason to plan ahead and consult with an attorney early.

Can a Relocation Decision Be Appealed?

Yes, relocation decisions can be appealed, though appeals are expensive and time-consuming. The appeals court will generally defer to the trial court's findings unless there was a clear legal error.

Moving Forward: Planning a Relocation or Responding to One

Whether you're considering relocating with your child or you've been notified that your child's other parent wants to move, understanding Washington's Child Relocation Act is essential.

Key Takeaways:

The law applies when you have at least 45% residential time and want to move outside the school district
You must provide 60 days advance notice with specific required information
The 55% custody threshold dramatically affects how difficult relocation will be
More than 55% time = rebuttable presumption in your favor
Less than 55% time = much more difficult, with court focusing only on child's best interest
Failure to follow procedures can result in contempt and other serious consequences
Both moving and non-moving parents need experienced legal counsel

Get the Legal Guidance You Need

Relocation cases involve complex legal procedures, high emotional stakes, and potentially life-changing outcomes. Whether you're planning to move or trying to prevent a move, you need an experienced family law attorney on your side.

At Bucklin Evans Law Firm, we have extensive experience handling relocation cases in Washington State. We understand the procedures, know the law, and have successfully represented both relocating parents and parents opposing relocation.

We can help you:

Understand your rights and realistic options
Follow all required procedures correctly
Build a strong case for or against relocation
Negotiate reasonable parenting plan modifications
Protect your relationship with your child
Navigate this challenging process with confidence

Don't wait until it's too late. Contact us today to schedule a consultation and discuss your relocation situation.

Disclaimer: This article provides general legal information and does not constitute legal advice. Laws vary by state, and every divorce case is unique. Consult with a qualified family law attorney in your jurisdiction for advice specific to your situation.