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Attachment A Summary Of RWC 26 09 430 Form. This is a Washington form and can be use in Domestic Relations Statewide.
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Tags: Attachment A Summary Of RWC 26 09 430, DRPSCU 07.1000, Washington Statewide, Domestic Relations
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Attachment A: Summary of RCW 26.09.430 - .480, Regarding Relocation of a Child
This is a summary only. For the full text, please see RCW 26.09.430 through 26.09.480.
If the person with whom the child resides a majority of the time plans to move, that person shall
give notice to every person entitled to court ordered time with the child.
If the move is outside the child’s school district, the relocating person must give notice by
personal service or by mail requiring a return receipt. This notice must be at least 60 days before
the intended move. If the relocating person could not have known about the move in time to give
60 days’ notice, that person must give notice within five days after learning of the move. The
notice must contain the information required in RCW 26.09.440. See also form DRPSCU
07.0500, (Notice of Intended Relocation of Children).
If the move is within the same school district, the relocating person must provide actual notice by
any reasonable means. A person entitled to time with the child may not object to the move but
may ask for modification under RCW 26.09.260.
Notice may be delayed for 21 days if the relocating person is entering a domestic violence shelter
or is moving to avoid a clear, immediate and unreasonable risk to health and safety.
If information is protected under a court order or the address confidentiality program, it may be
withheld from the notice.
A relocating person may ask the court to waive any notice requirements that may put the health
and safety of a person or a child at risk.
Failure to give the required notice may be grounds for sanctions, including contempt.
If no objection is filed within 30 days after service of the notice of intended relocation, the
relocation will be permitted and the proposed revised residential schedule may be
confirmed.
A person entitled to time with a child under a court order can file an objection to the child’s
relocation whether or not he or she received proper notice.
An objection may be filed by using the mandatory pattern form WPF DRPSCU 07.0700,
(Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential
Schedule). The objection must be served on all persons entitled to time with the child.
The relocating person shall not move the child during the time for objection unless: (a) the
delayed notice provisions apply; or (b) a court order allows the move.
If the objecting person schedules a hearing for a date within 15 days of timely service of the
objection, the relocating person shall not move the child before the hearing unless there is a clear,
immediate and unreasonable risk to the health or safety of a person or a child.
Attachment A: Summary of RCW 26.09.430 - .480, Re Relocation of a Child - Page 1 of 1
WPF DRPSCU 07.1000 (6/2006) - RCW 26.09.490
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