[atlas:bill]

AN ACT Relating to relocation under parenting plans; amending RCW 26.09.260; adding new sections to chapter 26.09 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. APPLICATION. (1) This act applies to all proceedings in which a person who has the right to establish the principal residence of a child is attempting to relocate the principal residence of the child and in which a person entitled to residential time with a child is relocating his or her residence, whether the proceeding is commenced during, as part of, or after a proceeding to establish a parenting plan, custody order, visitation order, or other order governing the residence of a child.

(2) To the extent that sections 3 through 5 of this act conflict with specific provisions of an order existing on the effective date of this section, sections 3 through 5 of this act do not apply to the specific terms of the order.

NEW SECTION. Sec. 2. RELOCATION‑-AUTHORITY. In entering or modifying a temporary or permanent parenting plan or a custody or visitation order, in accordance with this chapter, the court may order that a child relocate to or remain in a particular location, notwithstanding that a party with residential time may have elected to change his or her residence.

NEW SECTION. Sec. 3. RELOCATION‑-NOTICE OF INTENT. Except as provided in section 6 of this act, a party entitled to residential time with a child under a temporary or permanent parenting plan or other order of the court shall notify every other person entitled to residential time with the child of an intended change of residence.

NEW SECTION. Sec. 4. RELOCATION--NOTICE OF PROPOSED RELOCATION OR INTENDED CHANGE OF RESIDENCE ADDRESS‑-SERVICE. (1) Except as provided in section 6 of this act, notice of a proposed relocation of the principal residence of a child or notice of an intended change of the primary residence address of an adult, as provided in this section and section 3 of this act, must be given by:

(a) Personal service or any form of mail requiring a return receipt, except in circumstances where the relocation is within the same school district, in which case the notice may be given by any reasonable means;

(b) No later than:

(i) Sixty days before the date of the intended move or proposed relocation; or

(ii) Five days after the date that the person knows the information required to be furnished under subsection (2) of this section, if the person did not know and could not reasonably have known the information in sufficient time to comply with the sixty-day notice, and it is not reasonably possible to extend the time of relocation of the child. The intent of this section is to require as much notice as possible when there is a significant likelihood of a change.

(2) Except as provided in section 6 of this act, the following information, if available, shall be included with the notice of intended relocation of the child or change of primary residence of an adult affected by the order:

(a) The intended new residence street address, if known;

(b) The new mailing address, if different from the intended new residence address;

(d) The date of the intended move or proposed relocation;

(e) A brief statement of the specific reasons for the proposed relocation;

(f) A proposal for a revised schedule of residential time with the child, if any; and

(g) A warning to the nonrelocating parent that a proceeding objecting to the proposed relocation must be filed with the court within thirty days or the relocation will be permitted.

(3) A person required to give notice of a proposed relocation or change of residence address under this section has a continuing duty to provide a change in or addition to the information required by this section as that information becomes known.

(4) If the nonrelocating parent does not file a proceeding seeking a temporary or permanent order to prevent the relocation within thirty days after receipt of notice of the intent of the other party to relocate the residence of the child, except for good cause shown, the relocation is authorized. In determining good cause for failure to object within thirty days, the court shall apply the standards set forth in civil rule 60(b).

NEW SECTION. Sec. 5. RELOCATION ORDERS--NOTICE. After the effective date of this section, any order governing the residence of a child must include the following provision:

"Each party shall provide advance written notice to every person entitled to residential time with a child covered by this order of (1) a proposed relocation of the child or (2) a proposed change of the party's primary residence address, together with the following information:

(a) The intended new residence street address, if known;

(b) The new mailing address, if different from the intended new residence address;

(d) The date of the intended move or proposed relocation;

(e) A brief statement of the specific reasons for the proposed relocation of a child, if applicable;

(f) A proposal for a revised schedule of residential time with the child, if any; and

(g) A warning prominently displayed that states: THE RELOCATION WILL BE PERMITTED UNLESS YOU FILE A PROCEEDING WITH THE COURT WITHIN THIRTY DAYS.

Each party is ordered to give notice of the proposed relocation or change of residence address no less than sixty days before the date of the proposed change. If you do not know and could not have reasonably known of the change in sufficient time to provide sixty days' notice, you are ordered to give notice of the change not less than five days after the date that you first learn of or make the decision for the change. The intent of this provision is to require as much notice as possible when there is a significant likelihood of a change.

If you have or obtain a court order that permits you to keep any of this information confidential from the other party, you need not give the confidential information, but you are still required to give the other information.

If you believe you have reason to keep information confidential or not provide notice, you may ask the court for an order keeping part or all of the information confidential or relieving you of the obligation to provide notice.

If you are entering a domestic violence shelter due to the danger imposed by another person, or if you are temporarily relocating to avoid a clear, immediate, and unreasonable risk to the health or safety of a person, including a child, notice may be delayed for fifteen days.

The notice shall be by personal service or any form of mail requiring a return receipt, except in circumstances where the relocation is within the same school district, in which case the notice may be given by any reasonable means.

The obligation to furnish the information in this section to every other party continues as long as a party is entitled to parenting time with a child covered by this order.

Failure to provide notice may result in further litigation to enforce the order, including contempt of court. A finding of contempt may be punished by state law regarding penalties for contempt.

Failure to notify of a relocation of the child may be taken into account in a modification of parenting provisions. Reasonable costs and attorneys' fees also may be assessed if there is failure to give the required notice.

If the nonrelocating parent does not file a proceeding seeking a temporary or permanent order to prevent the relocation within thirty days after receipt of notice of the intent of the other party to relocate the residence of the child, except for good cause shown, the relocation is authorized."

NEW SECTION. Sec. 6. RELOCATION--LIMITATION OF NOTICES. (1) Upon entry of a finding of fact by the court, including by means of an ex parte hearing when appropriate, that the health or safety of a person or a child would be unreasonably put at risk by notice or the disclosure of certain information in the notice, the court may:

(a) Order that notice be given without some or all of the information required by section 4 of this act, pleadings, other documents filed in the proceeding, or the final order, except for an in-camera disclosure;

(b) Order that the notice requirements be waived to the extent necessary to protect confidentiality and the health or safety of a person or child; or

(c) Provide such other relief as the court considers necessary to facilitate the legitimate needs of the parties and the best interests of the child under the circumstances.

(2) If a party has a court-authorized confidential address or other court order that permits the party to withhold some or all of the information required by section 4 of this act, the protected information is not required to be given with the notice.

(3) If a party is entering a domestic violence shelter due to the danger imposed by another person, notice may be delayed for fifteen days. This section shall not be construed to compel the disclosure by any domestic violence shelter of information protected by confidentiality except as provided by RCW 70.123.075 or equivalent laws of the state in which the shelter is located.

(4) If a party is temporarily relocating to avoid a clear, immediate, and unreasonable risk to the health or safety of a person, including a child, notice may be delayed for fifteen days.

(5) If the parties have not yet separated, no notice is required.

(6) This section shall not be construed to deprive the nonrelocating party of the opportunity to object in advance of the relocation.

NEW SECTION. Sec. 7. RELOCATION--FAILURE TO GIVE NOTICE. The court may consider a failure to provide any or all elements of the notice of a proposed relocation as provided in section 4 of this act as:

(1) A factor in determining whether the relocation will be permitted or restrained;

(2) A factor in determining whether residential time should be modified;

(3) A basis for ordering the return of the child; and

(4) Sufficient cause to order the person seeking to relocate the child to pay the costs and reasonable attorneys' fees incurred by the person objecting to the relocation unless (a) the party required to provide notice has substantially complied with the requirements; (b) the order providing residential time with a child in effect at the time of the relocation was issued before the effective date of this section and the order contains no provisions that would require notice or a party shows substantial compliance with the notice requirements contained in the order; or (c) a waiver of notice under section 6 of this act applies.

NEW SECTION. Sec. 8. RELOCATION--FAILURE TO OBEY ORDER. Failure to provide notice shall not be a basis for finding a person in contempt of court if (1) the party required to provide notice has shown substantial compliance with the notice requirements in section 4 or (2) the order providing residential time with a child in effect at the time of the relocation was issued before the effective date of this section and the order contains no provisions that would require notice or a party shows substantial compliance with the notice requirements contained in the order; or (3) a waiver of notice under section 6 of this act applies.

NEW SECTION. Sec. 9. RELOCATION--FAILURE TO OBJECT TO NOTICE. The person giving notice may relocate the residence of a child after providing notice as provided in sections 3 through 6 of this act unless a parent entitled to notice files a proceeding seeking a temporary or permanent order to prevent the relocation within thirty days of receipt of the notice. Notice is not in substantial compliance for purposes of this section unless the notice of the thirty-day time limit to object is included.

NEW SECTION. Sec. 10. RELOCATION--TEMPORARY ORDERS. (1) The court may grant a temporary order restraining the relocation of a child or ordering return of the child if a relocation has previously taken place if the court finds:

(a) The required notice of a proposed relocation of a child as provided in sections 3 and 4 of this act was not provided in a timely manner;

(b) The child already has been relocated without agreement of the parties, court order, or the required notice of a proposed relocation of a child as provided in sections 3 and 4 of this act; or

(c) From an examination of the evidence presented at the hearing for temporary orders, that there is a likelihood that on final hearing the court will not approve the relocation of the primary residence of the child.

(2) The court may grant a temporary order permitting the relocation of the child pending final hearing if the court:

(a) Finds that the required notice of a proposed relocation of a child as provided in sections 3 and 4 of this act was provided in a timely manner or that the circumstances otherwise warrant issuance of a temporary order in the absence of complete compliance with sections 3 and 4 of this act and issues an order for a revised schedule for residential time with the child; and

(b) Finds from an examination of the evidence presented at a hearing for temporary orders that there is a likelihood that on final hearing the court will approve the relocation of the primary residence of the child.

NEW SECTION. Sec. 11. RELOCATION--HEARING‑-PRIORITY. A hearing on a pleading filed under this chapter must be accorded priority on the court's motion calendar and trial docket.

NEW SECTION. Sec. 12. RELOCATION‑-DETERMINATION. In reaching a decision whether to permit or restrain a relocation, the court shall consider the following factors:

(1) The relative strength, nature, quality, extent of involvement, and stability of the child's relationship with the person proposing to relocate and with the nonrelocating person, siblings, and other significant persons in the child's life;

(2) The impact on the child if the court orders a change of the parent with whom the child primarily resides;

(3) Whether either parent is subject to limitations under RCW 26.09.191;

(4) The reasons of each person for seeking or opposing the relocation;

(5) The age, developmental stage, and needs of the child, and the likely impact the relocation or its prevention will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child;

(6) The quality of life, resources, and opportunities available to the relocating party, the objecting party, and the child, in the current and proposed geographic locations;

(7) The effect of the relocation or its prevention on the physical, mental, and emotional health of the parties and the child;

(8) The alternatives to relocation and whether it is feasible and desirable for the other party to relocate also;

(9) The logistics resulting from and financial impact of the relocation or its prevention;

(10) The good faith of each of the parties in requesting or opposing the relocation; and

(11) For a temporary order, the amount of time before a final decision can be made at trial.

NEW SECTION. Sec. 13. RELOCATION--FACTOR NOT CONSIDERED. In determining whether to permit or restrain relocation, the court may not hear or consider evidence on the issue of whether the person seeking relocation of the child will forego his or her own relocation if relocation of the child is prohibited. Such evidence shall be taken and considered if relocation is restrained and parenting, custody, or visitation issues remain before the court.

NEW SECTION. Sec. 14. RELOCATION‑-BURDEN OF PROOF. The party proposing to relocate with the child has the burden of production to demonstrate that the proposal would be a benefit to both the child and that party. If the party proposing to relocate meets this burden, the nonrelocating party or parties have the burden of proof to show that the detrimental effect of the relocation outweighs the benefit of the relocation to the child and the relocating party. In making these determinations, the court shall consider the factors in section 12 of this act.

NEW SECTION. Sec. 15. RELOCATION‑-OBJECTIONS BY NONPARENTS. The court shall not restrain relocation if the sole objection is from a nonparent who has not served as a primary caregiver for the child within the preceding thirty-six months.

NEW SECTION. Sec. 16. RELOCATION‑-SANCTIONS. The court may sanction a party if it determines that a relocation proposal was made or the objection was filed to harass a person, to interfere in bad faith with the relationship between the child and another party, or to unnecessarily delay or needlessly increase the cost of litigation.

Sec. 17. RCW 26.09.260 and 1991 c 367 s 9 are each amended to read as follows:

(1) Except as otherwise provided in subsection (4) of this section, the court shall not modify a prior custody decree or a parenting plan unless it finds, upon the basis of facts that have arisen since the prior decree or plan or that were unknown to the court at the time of the prior decree or plan, that a substantial change has occurred in the circumstances of the child or the nonmoving party and that the modification is in the best interest of the child and is necessary to serve the best interests of the child.

(2) In applying these standards, the court shall retain the residential schedule established by the decree or parenting plan unless:

(a) The parents agree to the modification;

(b) The child has been integrated into the family of the petitioner with the consent of the other parent in substantial deviation from the parenting plan;

(c) The child's present environment is detrimental to the child's physical, mental, or emotional health and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child; or

(d) The court has found the nonmoving parent in contempt of court at least twice within three years because the parent failed to comply with the residential time provisions in the court-ordered parenting plan, or the parent has been convicted of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070.

(3) A conviction of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070 shall constitute a substantial change of circumstances for the purposes of this section.

(4) The court may order adjustments to a parenting plan upon a showing of a substantial change in circumstances of either parent or of the child, and without consideration of the factors set forth in subsection (2) of this section, if the proposed modification is only a:

(a) Modification in the dispute resolution process; ((or))

(b) Minor modification in the residential schedule that:

(i) Does not change the residence the child is scheduled to reside in the majority of the time; and

(ii) Does not exceed twenty-four full days in a calendar year or five full days in a calendar month; or

(iii) Is based on a change of residence, except as provided in (c) of this subsection, or an involuntary change in work schedule by a parent which makes the residential schedule in the parenting plan impractical to follow; or

(c) A proceeding to permit or restrain a relocation under this chapter. In making such a determination, the court shall first determine whether to permit or restrain the relocation of a child. Following that determination, the court shall take evidence on what modifications, if any, should be made to the parenting plan, custody order, or visitation order. In determining whether or not to modify the order, the court shall consider:

(i) The best interests of the child;

(ii) The factors in RCW 26.09.191 and 26.09.187; and

(iii) The circumstances of the relocation and the extent to which changes to the plan are required by the relocation.

(5) If the court finds that a motion to modify a prior decree or parenting plan has been brought in bad faith, the court shall assess the attorney's fees and court costs of the nonmoving parent against the moving party.

NEW SECTION. Sec. 18. Captions used in this act are not any part of the law.

NEW SECTION. Sec. 19. Sections 2 through 16 of this act are each added to chapter 26.09 RCW.