[atlas:bill]

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

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

NEW SECTION. Sec. 1. Sections 1 through 9 of this act apply to an order regarding residential time with a child issued:

(1) After the effective date of this act; and

(2) Before the effective date of this act, if the court has modified the parenting plan to require the notification required in section 5 of this act. A party may move to modify a parenting plan to comply with section 5 of this act without a showing of substantial change of circumstances.

NEW SECTION. Sec. 2. Except as provided in section 4 of this act, a party entitled to residential time with a child under a temporary or permanent parenting plan shall notify every other party entitled to residential time with the child of an intended change of residence as required in section 3 of this act.

NEW SECTION. Sec. 3. (1) Except as provided in subsection (4) of this section or section 4 of this act, notice of an intended change of residence must be given:

(a) By personal service or by any form of mail requiring a return receipt to the last known address of the party to be notified; and

(b) No later than:

(i) Sixty days before the date of the intended change of residence; or

(ii) Ten days after the date that the party knows the information required to be furnished under subsection (2) of this section, if the party did not know and could not reasonably have known the information in sufficient time to comply with the sixty-day notice.

(2) Except as provided in subsection (4) of this section and section 4 of this act, the following information, if available, shall be included with the notice of intended change of residence:

(a) The intended new residence, including the specific address, if known. However, the physical location of any confidential shelter shall not be disclosed;

(b) The mailing address, if not the same as that of the intended new residence;

(d) The date of the intended move;

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

(f) 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 go forward.

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

(4) If a party required to give notice of an intended change of residence already has a court-authorized confidential address or other court order which permits that party to withhold some or all of the required information listed in this section, or if under the parenting plan a party is permitted to keep some of this information confidential from the other party, that party's notice of intended change of residence need only include that information to which the other party is entitled.

(5) Failure to provide every other party with notice of information regarding an intended change of residence may result in a finding of contempt of court. A finding of contempt may be punished by state law regarding penalties for contempt.

NEW SECTION. Sec. 4. Notice under section 3 of this act shall not be required if:

(1) The health or safety of a person or a child would be unreasonably placed at risk by notice;

(2) The party is entering a domestic violence shelter because of the danger posed by the other party; or

(3) The intended change of residence would not affect the residential schedule. However, a party must provide notice on or before the date of the intended change of residence by any reasonable means.

NEW SECTION. Sec. 5. After the effective date of this act, a parenting plan must include the following notice:

"Each party in this action is ordered to notify every other party to this action of an intended change of residence and the following information:

(1) The intended new residence, including the specific address, if known. However, the physical location of any confidential shelter shall not be disclosed;

(2) The mailing address, if not the same as that of the intended new residence;

(3) The home telephone number, if known;

(4) The date of the intended move;

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

(6) A warning which states: THE RELOCATION WILL GO FORWARD UNLESS YOU FILE A PROCEEDING WITH THE COURT WITHIN THIRTY DAYS.

If, under this parenting plan, you are permitted to keep some of this information confidential from the other party, or you have a court-authorized confidential address or other court order which permits you to withhold some or all of the required information listed above, your notice of the intended change of residence need only include that information to which the other party is entitled.

Notice of an intended change of residence and disclosure of the above-listed information shall not be required if: (a) The health or safety of yourself or your child would be unreasonably placed at risk by notice; (b) you are entering a domestic violence shelter because of the danger posed by the other party; or (c) the intended change of residence would not affect the residential schedule. However, you must provide notice on or before the date of the intended change of residence by any reasonable means.

Each party is ordered to give notice no later than sixty days before an intended change of residence. If you do not know and could not reasonably have known of the change in sufficient time to provide sixty days' notice, you are ordered to give notice of the change no later than ten days after the date that you know of the change.

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

Failure to obey the order of this court to provide every other party with notice of information regarding an intended change of residence may result in a finding of contempt of court. A finding of contempt may be punished by state law regarding penalties for contempt."

NEW SECTION. Sec. 6. (1) Within thirty days after receiving notice under section 3 of this act, the parent opposing relocation may file a petition to prevent relocation of the parent and child.

(2) STANDARD TO BE APPLIED BY COURTS.

(a) If the parent proposing relocation of a child has sole decision-making authority or shares joint decision making and has primary residential time, the court shall restrict a proposed relocation of that parent and child only if the parent opposing the relocation demonstrates and the court finds that:

(i) The disruption in contact with the nonprimary residential care provider would be more detrimental to the child than the disruption in contact with the primary residential care provider that would result if the child were not permitted to relocate with that parent; and

(ii)(A) The purpose of the proposed relocation is to thwart the relationship between the nonprimary residential parent and the child; or

(B) The detriment to the child of the proposed relocation is beyond the normal distress suffered because of travel, infrequent contact of a parent, or other hardships which predictably result from a dissolution of marriage or relocation.

(b) If the party proposing relocation of a child has joint decision-making authority and has substantially equal residential time, in determining whether to restrict a parent's right to relocate with a child or in determining a modification of the parenting plan based on the proposed relocation, the court shall make a determination in the best interests of the child considering the factors set forth in RCW 26.09.187(3)(a) as well as following factors:

(i) The existence of a limitation under RCW 26.09.191;

(ii) The relative detriment to be suffered by the child if separated from either parent;

(iii) Whether the purpose of the move is to thwart the relationship between the other parent and child;

(iv) The nature and extent of the child's relationship with each parent, and the disruption that the proposed relocation of the child or the prevention of the relocation of the child will have on that relationship;

(v) The availability of alternative arrangements to foster and continue the child's relationship with and access to the other parent; and

(vi) The resources and opportunities available to the relocating party, the objecting party, and the child in each geographic location.

NEW SECTION. Sec. 7. Pending the determination by the court of a petition to prevent relocation of the parent and child:

(1) A parent with sole decision-making authority or a parent with joint decision making and primary residential time shall be allowed to temporarily relocate with the child unless the court issues an order preventing the temporary relocation using the standard set forth in section 6(2)(a) of this act.

(2) A parent who shares joint decision making and has substantially equal residential time may temporarily relocate with the child only if both parents execute a written agreement to permit relocation of the child or the court issues an order permitting the temporary relocation using the standard set forth in section 6(2)(b) of this act.

NEW SECTION. Sec. 8. If no objection is filed under section 6 of this act and no subsequent order is entered modifying the residential schedule, the relocating parent's compliance with the schedule proposed under section 3(2)(e) of this act shall be evidence of good faith and a defense to any claim of contempt or custodial interference.

NEW SECTION. Sec. 9. (1) Within thirty days after receiving notice under section 3 of this act, a third party entitled to visitation under a court order may file a petition in court to modify visitation based on the relocation of the parent.

(2) When considering modification of third-party visitation based on a parent's relocation, the court shall make a determination in the best interests of the child considering the following factors:

(a) The reasonableness of the proposed revised visitation schedules of both parties; and

(b) The amount of contact and nature of relationship between the child and the third party.

The court should not interfere with the autonomy and relationship between the parent and the child except to the limited extent necessary to preserve the relationship between the child and third party.

(3) Nothing in this section allows a court to restrict the right of a parent to relocate with the child based on the objection of a third party entitled to visitation with the child.

(4) Pending the determination by the court of a petition to modify a third-party visitation schedule, the parent may relocate with the child.

NEW SECTION. Sec. 10. The time for hearing cases involving relocations or proposed relocations of children, including any pending related matters, shall be given priority by the court, and trial dates for such cases shall be expedited.

NEW SECTION. Sec. 11. Sections 1 through 10 of this act are each added to chapter 26.09 RCW.