I Have to Move, But Can They?

Need to relocate but you don’t know if your kids can come?

Well, it’s back to court for parents with equal residential time…

A new high court ruling is good news for ex’s committed to raising children together post-divorce because it makes it more challenging for parents with equal residential time and decision making to move and take the kids along.

Here’s why:

If you have a parenting plan with substantially equal residential time, joint legal and physical custodial rights, and equal decision-making authority, you can no longer rely on the simple process established by the “Relocation Act”, according to a recent Washington Supreme Court decision. All parenting plans contain information summarizing the key elements in the act for relocating your children out of the school district. When parents have equal residential time and decision making, they are relying on the other parent’s commitment to living in close proximity. If the move would result in less than equal residential time, the Supreme Court held that the parent seeking the move has a greater procedural obligation and the higher burden of proof to alter the equal residential arrangement.

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