Can your ex-spouse simply move away with the kids?

On Behalf of | Feb 11, 2020 | child custody | 0 comments

If your ex-spouse is awarded primary custody of your kids in your divorce agreement, the distance placed between you and your children can easily cause strain. Yet maintaining a strong relationship with them is still possible by maximizing them time you have with them. That becomes infinitely more difficult if your ex-spouse chooses to move away from Everett. Indeed, discovering one day that they have up and moved away with the kids may amount to your worst nightmare. 

Fortunately the law prevents them from doing so. Per Section 26.09.440 of the Revised Code of Washington, your ex-spouse is required to give you notice of their intention to relocate at least 60 days prior to their proposed move. The only scenario in which the law allows that notification period to be shortened is if the need to immediately relocate arises and they do not have time to provide you with the requisite 60-day notice (even in that scenario, they are required to let you know within five days of learning of their need to move away). 

In the notice your ex-spouse provides, they are required to include the following: 

  • The reason for the relocation (as well as the address and contact information of the proposed relocation) 
  • Your right to object to the move within 30 days of receiving the notice 
  • The address of the court in which you can raise your objections 

If they fail to provide you with notice, they may be held in contempt of court and could become subject to additional sanctions. 

Your objection to the move may not bar them from relocating; rather, the court will typically review the situation to determine how your current custodial situation would need to be modified for you to have consistent contact with the kids. 

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