USA – WASHINGTON Law and Practice Contributed by: Stacy Heard, The Law Office of Stacy D. Heard
2.3.2 Wishes and Feelings of the Child The wishes and feelings of the child are relevant to a Washington relocation decision, but they are not determinative. Under RCW 26.09.520, the statutory factors are not weighted, and no significance is given to the order in which they are listed. The court considers the child’s age, developmen - tal stage and needs, as well as the likely impact of the relocation or its prevention on the child’s physi - cal, educational and emotional development. The court also considers the strength and stability of the child’s relationships with each parent and the potential impact of disrupting those relationships. Accordingly, the views of an older or more mature child may be given greater consideration because they may provide meaningful insight into the child’s needs, relationships and circumstances. However, the child’s preference does not determine the outcome. The court must consider the child’s views alongside the other statutory factors, including the availability of arrangements to maintain the child’s relationship with the non-relocating parent. Thus, the child’s wishes and feelings may be an important consideration, but Washington law does not make them controlling. 2.3.3 Age/Maturity of the Child The child’s age and maturity may affect the weight the court gives to their wishes and feelings, although Washington law does not establish a specific age at which a child’s preference becomes controlling. Under RCW 26.09.520, the court must consider the child’s age, developmental stage and needs, as well as the likely impact of the relocation or its prevention on the child’s physical, educational and emotional develop - ment. Accordingly, the views of an older or more mature child may carry greater weight because the child may be better able to understand the consequences of the proposed relocation and express an informed prefer - ence. Conversely, the views of a younger child may receive less weight where the child has limited ability to understand the implications of the move.
Ultimately, the court considers the child’s wishes in light of their individual age, maturity and circum - stances, together with the other statutory relocation factors. The child’s age or stated preference does not, by itself, determine the outcome. 2.3.4 Importance of Keeping Children Together Washington law does not give a specific or automatic priority to keeping siblings together in a relocation case. Under RCW 26.09.520, the statutory factors are not weighted, and no inference is drawn from their order. However, the court may consider the child’s relation - ship with their siblings as part of the broader assess - ment of the child’s relationships with parents, siblings and other significant people in their life. The strength, quality, stability and extent of those relationships may therefore be relevant to the relocation decision. Accordingly, keeping siblings together can be an important consideration where the children have a sig - nificant relationship, but it is not a separate or overrid - ing statutory factor. The court will consider the sibling relationship alongside the other relocation factors and determine what arrangement is in the best interests of The loss or reduction of contact between the child and the non-relocating parent is an important consid - eration in a Washington relocation case, but it is not assigned a specific or predetermined weight. Under RCW 26.09.520, the statutory factors are not weight - ed, and no inference is drawn from the order in which they appear. The court specifically considers whether disrupt - ing the child’s relationship with the relocating parent would be more detrimental than disrupting the child’s relationship with the non-relocating parent. The court also considers the availability of alternative arrange - ments that would maintain the child’s relationship and contact with the non-relocating parent. Relevant factors may therefore include the strength and stability of the child’s existing relationship with each parent, the amount and frequency of existing the child or children. 2.3.5 Loss of Contact
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