BILL REQ. #:  S-1827.2 

READ FIRST TIME 02/23/09.   

     AN ACT Relating to the relocation of a child in a domestic relations matter; amending RCW 26.09.410, 26.09.430, and 26.09.480; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature intends to clarify that parents who share custody of their child or children equally pursuant to a parenting plan are each obligated to advise the other parent if there is an intent to relocate. The legislature recognizes that a different result was created by the court of appeals' decision in Spring v. Spring and the purpose of this act is to prevent a similar result in such circumstances by requiring that a notice of intent to relocate be given in all circumstances in which a parent intends to relocate.

Sec. 2   RCW 26.09.410 and 2000 c 21 s 2 are each amended to read as follows:
     The definitions in this section apply throughout RCW 26.09.405 through 26.09.560 and 26.09.260 unless the context clearly requires otherwise.
     (1) "Court order" means a temporary or permanent parenting plan, custody order, visitation order, or other order governing the residence of a child under this title.
     (2) "Relocate" means a change in ((principal)) residence either permanently or for a protracted period of time.

Sec. 3   RCW 26.09.430 and 2000 c 21 s 5 are each amended to read as follows:
     Except as provided in RCW 26.09.460, a person ((with whom the child resides a majority of the time)) including a parent shall notify every other person, including the other parent, entitled to residential time or visitation with the child under a court order if the person or parent intends to relocate. Notice shall be given as prescribed in RCW 26.09.440 and 26.09.450.

Sec. 4   RCW 26.09.480 and 2000 c 21 s 10 are each amended to read as follows:
     (1) A party objecting to the intended relocation of the child or the relocating parent's proposed revised residential schedule shall do so by filing the objection with the court and serving the objection on the relocating party and all other persons entitled by court order to residential time or visitation with the child by means of personal service or mailing by any form of mail requiring a return receipt to the relocating party at the address designated for service on the notice of intended relocation and to other parties requiring notice at their mailing address. The objection must be filed and served, including a three-day waiting period if the objection is served by mail, within thirty days of receipt of the notice of intended relocation of the child. The objection shall be in the form of: (a) A petition for modification of the parenting plan pursuant to relocation; or (b) other court proceeding adequate to provide grounds for relief.
     (2) Unless the special circumstances described in RCW 26.09.460 apply, the person intending to relocate the child shall not, without a court order, change the ((principal)) residence of the child during the period in which a party may object. The order required under this subsection may be obtained ex parte. If the objecting party notes a court hearing to prevent the relocation of the child for a date not more than fifteen days following timely service of an objection to relocation, the party intending to relocate the child shall not change the ((principal)) residence of the child pending the hearing unless the special circumstances described in RCW 26.09.460(3) apply.
     (3) The administrator for the courts shall develop a standard form, separate from existing dissolution or modification forms, for use in filing an objection to relocation of the child or objection of the relocating person's proposed revised residential schedule.

NEW SECTION.  Sec. 5   This act is to be applied retroactively to all parenting plans which are in effect as of the effective date of this act. This section does not grant the right to reopen any matter under chapter 26.09 RCW where relocation has already occurred, unless it is a new instance of relocation that has arisen on or after the effective date of this act.