A. General Information About Relocation of a Child
In the state of Washington, if the person with whom the child resides a majority of the time plans to move, that person must give notice of the intended move to every person entitled to court-ordered time with the child. The law sets out how and when notice must be provided, how and when a person with court-ordered time with the child can object to the move, and how and when a new parenting plan for a revised residential schedule can be entered. There is a presumption that the relocation of the child will be allowed. If an objection is properly filed and served, the court will decide if the move will be permitted. The law also gives the person with court-ordered visitation the right to ask for a modification of the parenting plan, without a showing of adequate cause other than the proposed relocation itself. If the parties do not agree to the proposed parenting plan, the court will decide the matter in the best interests of the child.
These instructions tell how to give notice if you intend to change the principal residence of the child, and how to respond if you are given notice that a change in the child’s principal residence will take place.
In these instructions, you will see the terms “other party” and “child.” To make these instructions easier to read, “other party” is used to mean the child’s other parent or parents, a grandparent, or another third party who has court-ordered residential time or visitation with the child. There may be more than one person who has court-ordered residential time or visitation with the child. You must be sure to provide notice to all persons who have court-ordered residential time or visitation with the child. The word “child” can mean either one child, or two or more children.
All papers that you or other parties to your case file with the court will become part of a permanent record. All papers will be filed in a public file, except for the following papers which will be filed in a restricted access file: Confidential Information Form, Notice of Intended Relocation of Children and financial records filed under the Sealed Financial Source Documents cover sheet. Except for another party’s Confidential Information Form, you can review your court file and obtain copies of any documents in the file at the court clerk’s office. There may be a copying charge. If your court file is private, such as a parentage file, or if you are reviewing a restricted access file, you will be required to show identification to review your file. You cannot review or obtain a copy of another party’s Confidential Information Form without a court order.
B. Use the Pattern Forms for Relocation
Washington has pattern legal forms you must use in relocation and other family law cases. These are the instructions to help you fill out the relocation pattern forms. There are many more forms in the domestic relations forms packet than you will need for relocation of a child.
You can get forms and instructions from:
(1) stationery and bookstores;
(2) your local women’s shelter;
(3) county and law school law libraries;
(4) county clerk’s offices;
(5) courthouse facilitator programs;
(6) the Office of the Administrator of the Courts in Olympia, by calling the forms line at (360) 705-5328; or
It’s a good idea to either make a spare copy of each form you will need and use one as a rough draft, or start your forms in pencil and copy over them in ink when you have them the way you want them. Your finished forms must be completed neatly. You may type them, or print them using either blue or black ink. If you use a blue pen for signing the forms, it will be easy to tell your original signature from any photocopies you make of the original. Only documents with original, ink signatures should be filed in the clerk’s office or given to the judge in the courtroom.
You should make photocopies of all the completed documents you will file with the court so you have copies for yourself and for serving on the other party. When you file the original documents at the clerk’s office, be sure to stamp the copies you’ve made with the clerk’s office stamp. Stamping your copies in this way is called “conforming copies” and can help prove that you actually filed the documents.
Keep an organized file of all court papers, letters, other documents, and notes of conversations with others concerning your case. It is especially important to keep proof that documents were served on the other party. You may need to work on your case at home when the courthouse may not be open. Your personal file may also be important if a judge in your case wants to see a document that is not in your court file.
C. Should You Hire a Lawyer?
You are not required to have a lawyer represent you in family law cases. The decision to proceed with or without a lawyer is left to each party. In making this decision, you should be aware many people find that the paperwork required is complex. You should also be aware that if you decide not to use a lawyer, the other party in your case may use a lawyer and you may be at a disadvantage if you proceed without a lawyer. If you do not have a lawyer, you will be expected to know all the laws and court rules that apply to your case as if you were a lawyer.
If you decide to hire a lawyer, you may hire a lawyer for “full service” representation (handling every aspect of your case), or, you may hire a lawyer for “limited” representation (handling only a part of your case). A lawyer hired for “limited” representation may consult with you on a specific issue in your case, conduct legal or factual research for you, prepare your forms or other documents, advise you on litigation procedures or strategy, or represent you for one motion.
The court may make decisions that could have a significant impact on you and your child. You and the other party to the relocation process have rights and responsibilities. Free legal advice may be available to you through CLEAR (888) 201-1014 or from other legal services in your county. If you are the victim of domestic violence, there may be additional programs through the bar association to help you obtain free legal advice, or you may call the statewide Domestic Violence Hotline (800) 562-6025 Some counties have courthouse or family law facilitators who cannot provide legal advice; but who can offer some assistance with the relocation process and other family law matters.
JUDGES, COURT COMMISSIONERS AND CLERKS MAY NOT GIVE YOU LEGAL ADVICE OR ASSIST YOU WITH YOUR PAPERWORK OR FORMS.
If you have questions or need assistance you should contact a lawyer or use one of the free or low cost services mentioned above. For help in finding a lawyer contact the local bar association for your county.
Starting the Relocation Procedure
The Relocation Act defines “relocate” as “a change in principal residence either permanently or for a protracted period of time.” When you decide to move, you must give advance notice of the intended relocation to every person who is entitled to residential time or visitation with your child under a court order. When and how you must provide this notice will depend on when you learn of the intended move and your personal circumstances.
The instructions in this section help you identify how and when you need to let others know that you and your child are moving. Because the law provides for different time frames for the notice, ways of providing notice, and kinds of information to be provided in the notice, you should find the situation that most closely resembles your own and follow the instructions for that situation.
How to Enter Agreed Relocation Orders
You and the other party might be able to reach an agreement about moving the child. You might also agree to a new Parenting Plan or Residential Schedule. If you do agree, both (or all) of you can prepare and sign an agreed order that the court will sign allowing the move to take place, and enter a new Parenting Plan, both by agreement. If you and the other party agree to the move or agree to the move and a new Parenting Plan, use these forms:
(1) Motion/Declaration for Ex Parte Order Modifying Parenting Plan/Residential Schedule (Relocation) (WPF DRPSCU 07.0950)
(2) Ex Parte Order Modifying Parenting Plan/Residential Schedule (Relocation) (WPF DRPSCU 07.0955)
(3) Confidential Information Form (WPF DRPSCU 09.0200)
(4) Addendum to Confidential Information Form (WPF DRPSCU 09.0210 (if needed)
(5) Declaration of _______________________ (WPF DR 09.0100)
(6) Parenting Plan (WPF DR 01.0400, PS 01.0400) or
(7) Residential Schedule (CU 01.0450, PS 01.0450)
The relocating person completes and signs the Motion/Declaration, Ex Parte Order Modifying the Parenting Plan/Residential Schedule and Confidential Information Form (and Addendum to Confidential Information Form if there is more than one petitioner, one respondent or three or more children). The person with court-ordered time with the child completes the declaration, stating in his or her own words that the person agrees with the move and with the proposed Parenting Plan and that the person does not object to the proposed move and Parenting Plan/Residential Schedule. After you finish filling out the Parenting Plan, both you and the person with court-ordered visitation need to sign it. You or the other person can take the completed, signed papers to the courthouse for an ex parte hearing.
How to Start the Relocation Process if You Cannot Agree
These instructions are for filling out the paperwork and scheduling hearings that may be needed to comply with the notice requirements and standards for parental relocation, referred to as the “Child Relocation Act.” They are intended for use by the party with whom the child lives most of the time.
Step 1: Complete the forms you will need in the beginning.
To provide notice of your intended move, you should use the following form:
Notice of Intended Relocation of Children (WPF DRPSCU 07.0500)
If you do not now know all of the information asked for in the form, fill out what you can. For example, if you do not know the exact street address but do know the city and state, list the city and state. You have an ongoing duty to promptly update the information asked for in the notice, as it becomes known.
If you are a participant in the Address Confidentiality Program (ACP) administered by the Washington Secretary of State’s office, or if you have a court order that permits you to withhold some or all of the information required in the Notice of Intended Relocation of Children, you do not have to give that information in the notice.
If you believe listing some or all of the information required in the notice would unreasonably put at risk your health and safety, or the child’s health and safety, you can ask the court for an order that allows you to omit that information. To ask the court to waive some or all of the notice requirements you will need the following forms:
(1) Motion/Declaration for Ex Parte Order to Waive Requirements for Notice of Intended Relocation of Children (WPF DRPSCU 07.0550)
(2) Ex Parte Order Waiving Notice Requirements for Relocation of Children (WPF DRPSCU 07.0555)
If, because of the move, you want a new Parenting Plan or Residential Schedule, you should use:
(3) Parenting Plan (Proposed) (WPF DR 01.0400 or PS 01.0400) or
(4) Residential Schedule (Proposed) (WPF PS 01.0450 or CU 01.0450)
Fill out each form listed above that you need. Make sure you have filled in all of the blanks, unless you are asking the court to not have to supply all of the information. Sign each document in ink. Make photocopies of the completed, signed documents. Keep track of which ones are your originals that are signed in ink and which ones are the photocopies.
Step 1a: (optional) Go to court if you want to withhold some information from the Notice.
If you want to withhold some or all of the information from the Notice of Intended Relocation of Children you will need to go to court with the Motion/Declaration for Ex Parte Order to Waive Requirements for Notice of Intended Relocation of Children and Ex Parte Order Waiving Notice Requirements for Relocation of Children plus the Notice of Intended Relocation of Children, and if applicable, the proposed Parenting Plan or Residential Schedule. You will need to attend a session of court called “ex parte.” Ask your local county clerk’s office for the ex parte times in your county, the procedure you need to follow to present the documents, and whether there is a fee for filing the documents. Carefully follow the instructions given by the clerk. Remember to stamp your copies of the documents you file or give the judge with the clerk’s office stamp.
Note: You can file the original documents at the county clerk’s office in the county in which the child is residing, the county in which the Parenting Plan or Residential Schedule was last entered or the county in which the parent or other person who has the child is residing.
Step 2: Give advance notice to the other party.
In a legal proceeding, sooner or later you must tell the other party about the case. In a relocation action, you need to let the other parent and any other parties know you are planning to move before you move with the child. How you let the others know, and how many days before the move you tell about the move will depend on your situation.
At least 60 days’ advance notice needs to be given before you move unless:
• You find out about the intended move less than 60 days ahead of when the move will take place. In that case, you must give notice no more than five days after you find out about the move.
• You are moving to avoid a clear, immediate and unreasonable risk to the health and safety of a person or the child. In that case, notice may be delayed for 21 days.
• You are entering a domestic violence shelter due to the danger posed by another person. In that case, notice may be delayed for 21 days.
One of the things that will determine how you give notice is how far away you are planning to move. If you are moving outside of the school district in which the child now lives the majority of the time, you must have the other party served. One way is to use personal service. A responsible adult other than you delivers a photocopy of each completed form to the other party. If the other party is not home when the papers are delivered, the papers may be served by leaving them with any other responsible person who lives with the other party. The other way to serve the papers is to have a responsible adult other than you mail the copies by any form of mail requiring a return receipt.
MOVE WITHIN THE SAME SCHOOL DISTRICT
If you are moving within the same school district, you may choose one of the methods above, or you may choose to provide actual notice instead. That means you must use any reasonable means to let the other party know about the move.
Note: If the intended move is within the same school district as the child now resides, persons with court-ordered time with the child do not have the right to object to the move. However, those persons may be able to petition the court for a modification of the Parenting Plan/Residential Schedule under RCW 26.09.260.
Step 3: Provide a way to prove you let the other parent and parties know about the move.
Later in your case you may have to prove you gave advance notice to the other parent and other party. It is a good idea to now prepare the papers that will prove you gave notice. If the other party was served by personal service or by mail with a return receipt, you should use this form:
Return of Service (Notice of Intended Relocation of Children) (WPF DRPSC 07.0600)
The person (it cannot be you) who served the other party completes and signs this form.
If you used actual notice, you may use:
Declaration of ____(your name)____ (WPF DR 09.0100)
You should write how, when, and where you gave notice to the other party.
Step 4: (optional). Go to court for an order allowing you to move during the objection period.
The other party will have 30 days to object to the move after being served with notice of the move. Normally, you cannot move during the objection period without a court order unless special circumstances exist. If you want a court order that allows you to move during the 30-day objection period, you will also need:
(1) Motion/Declaration for an Ex Parte Order Allowing Change of Children’s Principal Residence (WPF DRPSCU 07.0800)
(2) Ex Parte Order re: Change of Children’s Principal Residence (Relocation) (WPF DRPSCU 07.0830)
You do not need a court order to move the child during the objection period if you are entering a domestic violence shelter due to the danger posed by another person; if you are a participant in the Address Confidentiality Program administered by the Washington Secretary of State’s office; if you have a court order permitting you to withhold some or all of the information required in the Notice of Intended Relocation of Children; or if you are moving to avoid a clear, immediate and unreasonable risk to the health or safety of a person or the child. If an objection is filed and a hearing is scheduled within 15 days of the date you were served the objection, you may move without a court order if you are moving to avoid a clear, immediate and unreasonable risk to the health or safety of a person or the child. See RCW 26.09.460 and .480(2). If you believe that these provisions may apply to you, you may want to consult an attorney before relocating. You can reach a local domestic violence social service agency for assistance on this matter by calling the statewide Domestic Violence Hotline at (800) 562-6025 or CLEAR (888) 201-1014.
Make at least one photocopy of each of these documents. Take the originals and the photocopies of them to the courthouse. You will need do attend a session of court called “ex parte.” Ask your local county clerk’s office for the ex parte hearing times in your county, the procedure you need to follow to present the documents, and whether there is a fee for filing the documents. Carefully follow the instructions given by the clerk. Remember to stamp your copies of the documents you file or give the judge.
Step 5: File the originals of the completed forms in the clerk’s office.
You should have the completed, signed originals of the Notice of Intended Relocation of Children, and either the original Return of Service or Declaration, and if applicable, the Parenting Plan or Residential Schedule. If you went to court in Step 1a and you filed the original Notice of Intended Relocation of Children after the hearing, you should still have either the original Return of Service or Declaration. Take those documents and at least one photocopy of each of them, to the clerk’s office for filing. Remember to stamp your photocopies with the clerk’s office stamp to help prove you filed the documents.
If the other party objects
If you are moving outside the child’s school district, the other parent may object. If the other party does object, you may be served with:
(1) Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential Schedule (WPF DRPSCU 07.0700)
(2) Summons (Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential Schedule) (WPF DRPSCU 07.0720)
(3) Parenting Plan (Proposed) (WPF DR 01.0400 or PS 01.0400) or
(4) Residential Schedule (Proposed) (WPF PS 01.0450 or CU 01.0450)
You must respond to the Objection/Petition. If you do not respond, the court may enter a default judgment against you and enter an order restraining the move and modifying the Parenting Plan/Residential Schedule. To respond to the Objection/Petition you must use the following forms:
Response (Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential Schedule) (WPF DRPSCU 07.0730)
You must file your original Response with the court and serve a copy on the other party within 20 days if you were served in the state of Washington or within 60 days if you were served out of state.
If the other party wants to keep the child from moving, at least temporarily, you may be served with a notice scheduling a hearing and
Motion/Declaration for Temporary Order Restraining Relocation of Children (WPF DRPSCU 07.850)
If the hearing to restrain (prevent) the move is scheduled for a date that is not more than 15 days after service of the Objection/Petition, you cannot move the child until the hearing, unless you are relocating to avoid a clear, immediate and unreasonable risk to the health or safety of a person or the child.
If you want to respond to the motion for the temporary order, you can use:
Declaration of __________ (WPF DR 09.0100)
You may use this form (and attachments) to respond to the statements made by the objecting party in the Motion/Declaration for Temporary Order Restraining Relocation of Children.
You may also have others fill out declarations stating their personal knowledge of the facts you want the court to know about the relocation and why the relocation should be allowed. You will also need to attend the hearing.
If you receive an Objection/Petition during the objection period but the objecting party does not schedule a hearing and you want to move, you may schedule a hearing and ask the court to allow the move using this form:
Motion/Declaration for Temporary Order Permitting Relocation of Children (WPF DRPSCU 07.0870)
Check with your county clerk or superior court administrator’s office to find out when and on which court calendar you should schedule the hearing to get the court’s approval to move. Also, check with your county clerk or superior court administrator’s office for local rules, procedures and practices that may apply to you.
At the court hearing, the court will decide whether the move will be allowed or denied on a temporary basis. It is a good idea to bring the order already filled out for the judge’s or commissioner’s signature. The court can make changes to your order before signing it, if needed. Complete this order and bring it to the hearing:
Temporary Order Re: Relocation of Children (WPF DRPSCU 07.0870)
If you attached a proposed parenting plan/residential schedule to the Notice of Intended Relocation of Children or Response form, you may also want to bring a temporary parenting plan or residential schedule to the hearing so it will be available for the judge to sign if the judge permits the relocation and orders a new parenting plan/residential schedule.
If necessary, the court will schedule a final hearing, or the court may direct you or the other party to schedule a final hearing on the relocation.
If no objection is filed
The other party might not object to the move. If the 30-day objection period passes and no one has filed an objection, or you have proof that no objection will be filed, the move shall be permitted.
If no objection has been or will be filed and you want the Parenting Plan or Residential Schedule you proposed to be put into effect, you should use:
(1) Motion/Declaration for Ex Parte Order Modifying Parenting Plan/Residential Schedule (Relocation) (WPF DRPSCU 07.0950)
(2) Ex Parte Order Modifying Parenting Plan/Residential Schedule (Relocation) (WPF DRPSCU 07.0955)
(3) Confidential Information Form (WPF DRPSCU 09.0200)
(4) Addendum to Confidential Information Form (WPF DRPSCU 09.0210 (if needed)
(5) Parenting Plan (Proposed) (WPF DR 01.0400 or PS 01.0400) or
(6) Residential Schedule (Proposed) (WPF PS 01.0450 or CU 01.0450)
(7) Declaration of __________ (WPF DR 09.0100) (Optional) (The other party may use this form for a written statement that the party will not file an objection.)
Take to the courthouse the completed, signed originals of the above forms, photocopies of each, and if applicable, proof that no objection will be filed if less than 30 days have passed since the relocation notice was served. You will need to attend a session of court called “ex parte.” Ask your local county clerk’s office for the ex parte times in your county, the procedure you need to follow to present the documents, and whether there is a fee for filing the documents. Carefully follow the instructions given by the clerk. Remember to stamp your copies of the documents you file or give the judge.
Keep in mind that the other party may file a petition to modify the Parenting Plan or Residential Schedule, even if that person does not object to the proposed move. If you are served with a motion or petition to modify the Parenting Plan, you should quickly decide what you will do. You may want to seek legal advice.
Objecting to a Notice of Intended Relocation of Children
These instructions are for filling out the paperwork and scheduling hearings that may be needed to object to the notice requirements and standards for child relocation, referred to as the “Child Relocation Act.” They are intended for use by the parent or party who has court-ordered residential time or visitation with the child and who has learned that the other parent is planning on moving with the child.
If you are entitled to residential time or visitation with the child under a court order, the relocating party is required to serve you with a Notice of Intended Relocation of Children, WPF DRPSCU 07.0500, unless the court waived all relocation notice requirements. If you are entitled to object to the intended move and you object to the move or the relocating person’s proposed Parenting Plan, you must file an objection using an Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential Schedule, WPF DRPSCU 07.0700, after you receive the notice. If you do not file an objection within 30 days after receipt of the relocation notice, the relocation of the child shall be permitted.
If you do not receive a notice, but hear about the move from a third person, you may still file an objection. You may also file a motion and schedule a hearing to ask the court for a temporary order restraining the relocation or ordering the return of the child.
As soon as you learn of the intended move, whether you received written notice or learned of the move through another person, it is a good idea to review the court file to learn what has been filed and possibly ordered by the court.
MOVE WITHIN THE SAME SCHOOL DISTRICT
Note: If the intended move is within the same school district as the child now resides, you do not have the right to object to the move. However, you may be able to petition the court for a modification of the Parenting Plan/Residential Schedule under RCW 26.09.260.
Step 1: Complete the forms you will need in the beginning.
To object to the intended move or to the relocating party’s proposed Parenting Plan, you should have the following forms:
(1) Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential Schedule (WPF DRPSCU 07.0700)
(2) Confidential Information Form (WPF DRPSCU 09.0200)
(3) Addendum to Confidential Information Form (WPF DRPSCU 09.0210) (if needed)
(4) Summons (Objection to Relocation/Modification of Custody Decree/Parenting Plan/Residential Schedule) (WPF DRPSCU 07.0720)
(5) Response (Objection to Relocation/Modification of Custody Decree/Parenting Plan/Residential Schedule) (WPF DRPSCU 07.0730)
(6) Return of Service (Objection to Relocation/Modification of Custody Decree/Parenting Plan/Residential Schedule) (WPF DRPSCU 07.0760)
If you want to ask the court to enter a Parenting Plan/Residential Schedule, you will also need these forms:
(7) Parenting Plan (Proposed) (WPF DR 01.0400 or PS 01.0400) or
(8) Residential Schedule (Proposed) (WPF PS 01.0450 or CU 01.0450)
If child support needs to be modified because of the new Parenting Plan, you will also need these forms:
(9) Child Support Worksheets
(10) Financial Declaration (WPF DR 01.0550 or PS 01.0550)
(11) Sealed Financial Source Documents (cover sheet) (WPF DRPSCU 09.00220) (Financial records filed under this cover sheet will be sealed to protect your privacy.)
(12) Order of Child Support (WPF DR 01.0500, CU 01.0500, PS 01.0500)
Complete all paragraphs in Section I, Section II, Section III, and Section IV, of the Objection/Petition, checking the appropriate boxes and filling in the blanks. Sign the form on the last page in the two places that say “signature,” and fill in the date and city you are in when signing. Complete the Summons and the Parenting Plan and child support forms that you need.
Step 2: File the Objection/Petition in the clerk’s office.
You will need to file the original documents at the county clerk’s office. You may file your documents in the county in which the child is residing, the county in which the Parenting Plan or Residential Schedule was last entered or the county in which the parent or other person who has the child is residing.
Take the completed, signed originals of the documents from Step 1, and the photocopies you made of them, to the clerk’s office. File the originals and use the clerk’s office stamps on your photocopies to indicate you filed the originals.
[Note: You will be required to file a completed Case Information Cover Sheet with your summons and petition. The cover sheet may be obtained from the clerk’s office.
Before you file your summons and petition:
1. Complete the cover sheet by filling in the case number (on your petition) and the caption (names of parties involved in the action).
2. Select on the form the type of Domestic Relations or Paternity action you are filing (such as “Modification,” or in King County select “Relocation”).
3. Give the form to the clerk along with your petition.]
You may have to pay a filing fee when you file your petition and summons. If you cannot afford to pay the filing fee, you may ask the court to waive the filing fee or to pay it in installments. Ask the clerk for the paperwork and steps you need to follow in your county if you cannot afford to pay the filing fee.
Step 3: Have the other party served with the Objection/Petition.
Arrange for someone to serve the other parent or other persons who have court-ordered time with the child with a copy of your Objection/Petition and other documents, except the Confidential Information Form. Also serve a copy of the Response form for the other persons to use to respond to your Objection/Petition.
You may choose either personal service or service by any form of mail that requires a return receipt to the relocating party at the address designated for service on the Notice of Intended Relocation and to the other parties requiring notice at their mailing address. Personal service means a responsible person other than you delivers the papers to the other party personally, or leaves the papers at the other party’s home with another responsible person who lives with the other party. Service by mail means that a responsible adult other than you mails the papers to the other party, using a form of mail that requires a return receipt.
If you are asking the court to change child support, you may have to notify the prosecuting attorney’s office about the hearing. If the Division of Child Support collects and enforces child support, or if either you or the other party receives or received in the past public assistance (TANF, medical assistance or foster care) for the child, you will need to provide notice to the prosecuting attorney in your county. Ask the clerk’s office or the courthouse facilitator in your county for the procedure your county requires.
Step 4: Provide proof the other party was served.
Later in your case you may have to prove you served the other party. Whether the other party was served by personal service or by mail with a return receipt, you may use the Return of Service listed in Step 1. Use a separate Return of Service for each person that is served.
The person who served the other party completes and signs the Return of Service form. When the form is completed and signed, make at least one photocopy. Take the completed, signed original and the photocopy to the clerk’s office. File the original and use the clerk’s stamp on the photocopy to prove you filed the original.
Step 5: (optional) Temporary order to prevent the move or request the return of the child.
To prevent the relocating party from moving the child before the final hearing on the Objection/Petition, you may ask the court for a temporary order preventing the move or requiring the return of the child. To ask for a temporary order, use the following forms:
(1) Motion/Declaration for Temporary Order Restraining Relocation of Children (WPF DRPSCU 07.0850)
(2) Notice of hearing (per local procedure in your county)
You may serve the motion and notice of hearing on the motion on the other parties with the Objection/Petition or at a later time before the final hearing. If you schedule the hearing on the motion for a date within 15 days of service of the Objection/Petition, the relocating party cannot move before the hearing. To schedule the hearing you will need to use the notice of hearing required for local use where the Objection/Petition is filed. Check with your county clerk or superior court administrator’s office for local rules, procedures and practices that may apply to you.
At the hearing on the motion for temporary order, the court will decide whether or not to allow the child to be moved or whether or not to return a child that has already been moved, pending the final hearing on the Objection/Petition. The court may direct you or the other party to prepare and present:
Temporary Order Re: Relocation of Children (WPF DRPSCU 07.0870)
If you filed a proposed parenting plan/residential schedule with your objection to relocation/petition for modification of custody decree/parenting plan/residential schedule, you may want to bring a temporary parenting plan or residential schedule to the hearing so it will be available for the judge to sign if the judge restrains the relocation or order the child returned and orders a new parenting plan/residential schedule.
Step 6: Follow your county’s local procedures to prepare for the final hearing.
You will need to schedule the final hearing if you did not request a temporary order, or if at the hearing on the temporary order, the court asked you to schedule the final hearing. After the time in which the relocating party and other persons entitled to notice have to respond to the Objection/Petition (20 days if the parties were served in the state of Washington or 60 days if they were served out of state) you may schedule the final hearing on the Objection/Petition. You will need to use the notice of hearing used in the county in which the Objection/Petition is filed. You will need to serve a copy of the notice of hearing to the other parties.
Note: There may be local rules that require special procedures. Check with your county clerk or superior court administrator’s office for local rules, procedures and practices that may apply to you. The steps you will need to take to prepare for the hearing on your Objection/Petition will vary, depending on your county. Those steps might include delivering a copy of your papers to the judge’s office several days before the hearing and telephoning the court to confirm you will attend your hearing. It is very important that you follow the county’s procedures to prepare for the hearing, or the court may not allow you to proceed with your hearing.
Step 7: Go to the hearing.
At the final hearing, the court will make a final decision about whether the move will be prevented or allowed. If you have asked the court for a modification of the Parenting Plan/Residential Schedule, the court will also decide whether or not to grant that request. Based upon the court’s decision, the court may direct you or the other party to prepare and present:
(1) Order on Objection to Relocation/Modification of Custody Decree/Parenting Plan/Residential Schedule (WPF DRPSCU 07.0900)
(2) Final Parenting Plan (WPF DR 04.0100 or WPF PS 04.0100) or
(3) Final Residential Schedule (WPF PS 04.0150)
and if a new child support order is required:
(4) Child Support Worksheets
(5) Financial Declaration (WPF DR 01.0550 or PS 01.0550)
(6) Sealed Financial Source Documents (cover sheet) (WPF DRPSCU 09.00220) (Financial records filed under this cover sheet will be sealed to protect your privacy.)
(7) Order of Child Support (WPF DR 01.0500, CU 01.0500 or PS 01.0500)
After the court signs an order in your case, it is a good idea to buy a certified copy of the order. Depending on your county’s procedures, you may be able to buy a certified copy of the order immediately after court. Ask the clerk’s office about the fee and procedure for buying a certified copy in your county.
End of Instructions
Last Reviewed On: 07/19/04
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