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Washington Motion for Temporary Order Preventing Move with Children (Relocation)

State:
Washington
Control #:
WA-SKU-2493
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Motion for Temporary Order Preventing Move with Children (Relocation)

Washington Motion for Temporary Order Preventing Move with Children (Relocation) is a motion filed by a party in a Washington divorce or family law case, seeking an immediate court order prohibiting the other party from moving with the children to another location without the court’s permission. The motion is also known as a Temporary Order Prohibiting Relocation with Children (TO RPC). This motion is typically filed when one parent is planning to move out of state with the children and the other parent is objecting. There are two types of Washington Motion for Temporary Order Preventing Move with Children (Relocation): 1) Ex Parte Motion for Temporary Order Preventing Move with Children (Relocation): This motion is filed without prior notice to the other party, and is usually used when the other party is believed to be planning to move with the children without the court’s permission. 2) Motion for Temporary Order Preventing Move with Children (Relocation): This motion is filed after the other party has been notified and has had a chance to respond. If the other party agrees to the proposed order, it may be entered without a hearing. If the other party objects, then the court will hold a hearing to decide whether to grant the order.

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FAQ

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.

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.

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.

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.

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.

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.

191 requires the Court consider evidence (including arrests and convictions) relating to criminal acts, domestic violence, substance abuse, and child abuse, neglect, and abandonment. The Court must evaluate claims that a parent has an impairment which interferes with a parties' performance of parenting functions.

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.

More info

If an Objection to Relocation has been filed in your case, you will fill out the NOTICE OF COURT. Judges may enter either temporary or permanent custody orders.When a parent announces their plans to move, the non-moving parent can file an objection to the relocation or a motion to modify custody. Some custody orders prevent the custodial parent from moving the child out of state or a certain number of miles away. Instead, the court may amend the custody order so that the child remains in-state with the non-relocating party. B. Motion for Temporary Order Preventing Move with Children –. Child custody disputes are difficult, especially when one parent wants to move out of state with a child. Learn more about relocating a child here. Objection about Moving with Children and Petition about Changing a. Judges may enter either temporary or permanent custody orders.

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Washington Motion for Temporary Order Preventing Move with Children (Relocation)