Washington Motion for Immediate Order Allowing Move with Children — Before Objection Deadline (Ex Parte Relocation) is a motion filed in Washington State courts to temporarily allow one parent to move with their children before the other parent has had an opportunity to object. This type of motion is typically used when a parent wishes to move away with their children and needs time to make the move without waiting for the other parent to file an objection. This motion is also called an Ex Parte Motion. The motion must include the proposed relocation, the reasons for the relocation, and the requested order allowing the relocation. The court will consider the best interests of the children before making a decision. If the court grants the motion, the relocation will be allowed for a specific period of time. There are two types of Washington Motion for Immediate Order Allowing Move with Children — Before Objection Deadline (Ex Parte Relocation): Temporary Move and Permanent Move. A Temporary Move is filed when the parent wishes to move away with their children but is uncertain of the length of time they will be staying in the new location. A Permanent Move is filed when the parent wishes to move away with their children and intends to remain in the new location for an extended period of time.
Washington Motion for Immediate Order Allowing Move with Children - Before Objection Deadline (Ex Parte Relocation)
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FAQ
The law in Washington ?presumes? that in most situations, a parent's request to relocate will be allowed. This means that the judge will assume that moving with the child is in the child's best interests. However, the other parent can object to the move and try to convince the judge to not allow the move.
An Ex Parte Motion is when one side gets to meet with the judge without the other side there. This can be to ask for an order. For example, if you cannot file and serve a Motion within the time limits required by law, you can ask the court for an Order Shortening Time For Service of Notice of Motion.
An ex parte action is a judicial action on the behalf of one party, without notice to or contestation by any person adversely interested. Such an action may take place on or off the bench, but does not necessarily result in a signed order.
Secondly, you must provide the non-custodial parent with a written notice of your intention, at least 60 days before the move. Once the other party receives the notice, they have 30 days to file an objection in court. If they don't file an objection after 30 days, you're free to move.
Joint custody is rare in Washington but becoming more common. In essence, joint custody means each parent receives half the residential time with the child. This often takes the form of a 'week-on, week-off' schedule.
Child Custody and Moving Out of State: No Existing Court Order. If you have no existing court order regarding the other parent's or third party's visitation rights with the child, then you are probably within your legal rights to move outside of the state, as Washington State's relocation laws do not apply to you.
If the custodial parent wants to move outside of the child's existing school and Washington's relocation law applies, then the custodial parent has to provide written notice about the move to the non-custodial parent. The custodial parent is required to provide this notice at least 60 days before the move.
Ing to the Washington statutes governing custody law, there is no established age younger than 18 in which a child can make a unilateral decision about which parent they want to live with. Typically, a judge will appoint a social worker or guardian to work with the child.