USA – WASHINGTON Trends and Developments Contributed by: Stacy Heard, The Law Office of Stacy D. Heard
The Supreme Court’s decision provides a rule that is relatively easy to apply: for purposes of determining whether the relocation presumption applies, the rel - evant residential schedule is the one in effect when relocation notice is served. That rule also makes the relocation process more predictable. Parents can identify the schedule that controls the threshold question without attempting to estimate how many overnights a child might spend with each parent years in the future. At the same time, the decision preserves the broader flexibility of the relocation statute. Once the threshold issue has been resolved, the court can still consider the child’s present and future circumstances when evaluating the statutory factors and determining what arrangement best serves the child. Conclusion In re Marriage of Hauk and Wuesthoff is an important 2026 Washington Supreme Court decision for any parent whose relocation dispute involves a phased parenting plan. Its central holding is straightforward: when determin - ing whether the relocation presumption applies, resi - dential time is measured when the relocation notice is served, using the parenting-plan phase then in effect. A court should not project residential time into future phases and use those future arrangements to deter - mine whether the parents currently have substantially equal residential time.
For parents, the practical lesson is to pay close atten - tion to the parenting plan that exists when relocation is proposed. The number of current overnights, the applicable phase, any relevant deviations and the date of notice can all affect the threshold analysis. But Hauk is not the end of a relocation case. It deter - mines the proper starting point. The court must still consider the statutory relocation factors and the real- world consequences of the proposed move for the child and both parents. The decision therefore provides both clarity and a useful warning. A future parenting schedule is not the same as the schedule that exists today. When relo - cation is proposed, Washington courts must begin with the residential arrangement actually in effect at that time before moving on to the larger question of whether relocation is in the child’s best interests.
222 C HILD RELOC AT I ON 20 26
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