Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Judiciary Committee

HB 1618

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background:

In dissolution or legal separation cases in which there are minor children, the court must establish a parenting plan that provides for the care of the minor children. The parenting plan must include an allocation of decision-making authority to one or both parents and set forth the child's residential time with each parent.

Generally, a court may modify the residential provisions of a parenting plan only upon a showing of a substantial change of circumstances with respect to the child or the nonmoving party, and that the modification is in the best interests of the child. A person petitioning for a modification of a custody order or parenting plan must file an affidavit with supporting facts, and the court will deny the motion for a modification unless the court finds that adequate cause for the modification is presented in the affidavit.

Under the Relocation Act (Act), when a parent with whom a child resides the majority of the time intends to relocate, he or she must notify every other person who has residential time or visitation with the child of the intent to relocate. "Relocate" means a change in the principal residence either permanently or for a protracted period of time.

The Act establishes procedures for the other persons with residential time or visitation to object to the relocation. There is a rebuttal presumption that relocation will be permitted unless the objecting party demonstrates that the detrimental effect of the relocation outweighs the benefit of the change to the child and the relocating parent. The court must base this determination on a list of 11 factors set out in statute.

A person objecting to the relocation of the child may do so through a petition for modification of the parenting plan pursuant to relocation. The petitioner does not need to show adequate cause other than the proposed relocation, and a hearing to determine adequate cause is not required as long as the request for relocation is being pursued.

Summary of Bill:

A party objecting to a notice of intent to relocate a child must submit an affidavit setting forth facts supporting the objection, and provide notice and a copy of the affidavit to other parties to the proceeding. The court must deny the objection unless the court finds that adequate cause for the objection is established.

In a proceeding to modify a parenting plan pursuant to relocation, a hearing for adequate cause for modification is not required if a finding of adequate cause has previously been made with relation to an objection to relocation.