USA – WASHINGTON Law and Practice Contributed by: Stacy Heard, The Law Office of Stacy D. Heard
2.4 Relocation Within a Jurisdiction Washington’s relocation rules generally apply based on whether the move is a relocation under the Child Relocation Act, rather than simply whether the move is to another country or another part of Washington. • Nearby location : A move may not trigger the statu - tory relocation process if it does not significantly affect the child’s existing residential schedule or otherwise meet the statutory definition of reloca - tion. However, if the move qualifies as a relocation, the same notice and objection procedures apply. • A location some distance away within Washington : If the move qualifies as a relocation, it is generally handled in the same manner as a move to another state or country. The relocating parent must pro - vide the required notice, and the other parent may object. If there is an objection, the court consid - ers the statutory relocation factors under RCW 26.09.520. • Another state : A move to another state is treated as a relocation if it meets the statutory require - ments. The same notice, objection and court procedures apply. The fact that the move crosses a state boundary does not, by itself, create a differ - ent substantive test. Thus, the principal issue is whether the proposed move qualifies as a relocation under Washington law and materially affects the child’s residential arrange - ments, rather than the distance or whether the move crosses a state boundary. If the relocation process applies, the court considers the same statutory fac - tors regardless of whether the destination is nearby, elsewhere in Washington, or in another state.
Failure to provide the required relocation notice or fail - ure to timely object can also affect the parties’ rights. If a relocation is contested, the court may order the child returned or determine that the relocation should not proceed. Where a parent intentionally takes or keeps a child in violation of a court-ordered residential arrangement, the conduct may constitute custodial interference under RCW 9A.40.060, which is a criminal offence. The seriousness of the offence depends on the cir - cumstances, including the applicable court orders and the parent’s intent. Accordingly, a parent should not assume that they can avoid the relocation process simply by leaving the jurisdiction. Where a court order or parenting plan applies, removing the child in violation of that order can result in both family-law remedies and, in appro - priate circumstances, criminal consequences. 3.2 Steps Taken to Return Abducted Children If a child is removed from Washington and taken to another country without the required consent or in vio - lation of a court order, several legal remedies may be available to seek the child’s return. The appropriate remedy depends on whether there is an existing par - enting order, the circumstances of the removal, and the country to which the child has been taken. Where there is an existing parenting order, the left- behind parent may seek enforcement of the order through the Washington courts. Depending on the cir - cumstances, this may include a motion for contempt, an emergency or immediate restraining order or a peti - tion for a writ of habeas corpus. A court may order the child’s return and, where appropriate, authorise law-enforcement assistance in enforcing the order. If the child was taken without an existing parenting order, the parent should generally seek to establish a parenting arrangement through the Washington courts as soon as possible. The absence of a court order can make criminal or enforcement remedies more difficult, although other legal remedies may still be available depending on the circumstances.
3. Child Abduction 3.1 Legality
Taking a child out of Washington without complying with the applicable relocation requirements or an exist - ing court order can have serious legal consequences. However, failure to obtain the other parent’s consent is not, by itself, necessarily a criminal offence. The consequences depend on the circumstances, includ - ing whether there is an existing parenting order and whether the move violates that order.
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