Revised Code of Washington
Chapter 26.09 - Dissolution Proceedings—Legal Separation.
26.09.440 - Notice—Contents and delivery.

RCW 26.09.440
Notice—Contents and delivery.

(1) Except as provided in RCW 26.09.450 and 26.09.460, the notice of an intended relocation of the child must be given by:
(a) Personal service or any form of mail requiring a return receipt; and
(b) No less than:
(i) Sixty days before the date of the intended relocation of the child; or
(ii) No more than five days after the date that the person knows the information required to be furnished under subsection (2) of this section, if the person did not know and could not reasonably have known the information in sufficient time to provide the sixty-days' notice, and it is not reasonable to delay the relocation.
(2)(a) The notice of intended relocation of the child must include: (i) An address at which service of process may be accomplished during the period for objection; (ii) a brief statement of the specific reasons for the intended relocation of the child; and (iii) a notice to the nonrelocating person that an objection to the intended relocation of the child or to the relocating person's proposed revised residential schedule must be filed with the court and served on the opposing person within thirty days or the relocation of the child will be permitted and the residential schedule may be modified pursuant to RCW 26.09.500. The notice shall not be deemed to be in substantial compliance for purposes of RCW 26.09.470 unless the notice contains the following statement: "THE RELOCATION OF THE CHILD WILL BE PERMITTED AND THE PROPOSED REVISED RESIDENTIAL SCHEDULE MAY BE CONFIRMED UNLESS, WITHIN THIRTY DAYS, YOU FILE A PETITION AND MOTION WITH THE COURT TO BLOCK THE RELOCATION OR OBJECT TO THE PROPOSED REVISED RESIDENTIAL SCHEDULE AND SERVE THE PETITION AND MOTION ON THE PERSON PROPOSING RELOCATION AND ALL OTHER PERSONS ENTITLED BY COURT ORDER TO RESIDENTIAL TIME OR VISITATION WITH THE CHILD."
(b) Except as provided in RCW 26.09.450 and 26.09.460, the following information shall also be included in every notice of intended relocation of the child, if available:
(i) The specific street address of the intended new residence, if known, or as much of the intended address as is known, such as city and state;
(ii) The new mailing address, if different from the intended new residence address;
(iii) The new home telephone number;
(iv) The name and address of the child's new school and day care facility, if applicable;
(v) The date of the intended relocation of the child; and
(vi) A proposal in the form of a proposed parenting plan for a revised schedule of residential time or visitation with the child, if any.
(3) A person required to give notice of an intended relocation of the child has a continuing duty to promptly update the information required with the notice as that new information becomes known.

[ 2000 c 21 § 6.]
NOTES:

Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405.

Structure Revised Code of Washington

Revised Code of Washington

Title 26 - Domestic Relations

Chapter 26.09 - Dissolution Proceedings—Legal Separation.

26.09.002 - Policy.

26.09.003 - Policy—Intent—Findings.

26.09.004 - Definitions.

26.09.006 - Mandatory use of approved forms.

26.09.010 - Civil practice to govern—Designation of proceedings—Decrees.

26.09.013 - Interpretive services—Literacy assistance—Guardian ad litem charges—Telephone or interactive videoconference participation—Residential time in cases involving domestic violence or child abuse—Disclosure of information—Supervised visitatio...

26.09.015 - Mediation proceedings.

26.09.016 - Mediation in cases involving domestic violence or child abuse.

26.09.020 - Petition—Dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning validity of marriage or domestic partnership—Contents—Parties—Certificate.

26.09.030 - Petition for dissolution of marriage or domestic partnership—Court proceedings, findings—Transfer to family court—Legal separation in lieu of dissolution.

26.09.040 - Petition to have marriage or domestic partnership declared invalid or judicial determination of validity—Procedure—Findings—Grounds—Legitimacy of children.

26.09.050 - Decrees—Contents—Restraining orders—Enforcement—Notice of termination or modification of restraining order.

26.09.060 - Temporary maintenance or child support—Temporary restraining order—Preliminary injunction—Domestic violence or antiharassment protection order—Notice of termination or modification of restraining order—Support debts, notice.

26.09.070 - Separation contracts.

26.09.080 - Disposition of property and liabilities—Factors.

26.09.090 - Maintenance orders for either spouse or either domestic partner—Factors.

26.09.100 - Child support—Apportionment of expense—Periodic adjustments or modifications.

26.09.105 - Child support—Medical support—Conditions.

26.09.110 - Minor or dependent child—Court appointed attorney to represent—Payment of costs, fees, and disbursements.

26.09.120 - Support or maintenance payments—To whom paid.

26.09.135 - Order or decree for child support—Compliance with RCW 26.23.050.

26.09.138 - Mandatory assignment of public retirement benefits—Remedies exclusive.

26.09.140 - Payment of costs, attorneys' fees, etc.

26.09.150 - Decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity—Finality—Appeal—Conversion of decree of legal separation to decree of dissolution—Name of party.

26.09.160 - Failure to comply with decree or temporary injunction—Obligation to make support or maintenance payments or permit contact with children not suspended—Penalties.

26.09.165 - Court orders—Required language.

26.09.170 - Modification of decree for maintenance or support, property disposition—Termination of maintenance obligation and child support—Grounds.

26.09.175 - Modification of order of child support.

26.09.181 - Procedure for determining permanent parenting plan.

26.09.182 - Permanent parenting plan—Determination of relevant information.

26.09.184 - Permanent parenting plan.

26.09.187 - Criteria for establishing permanent parenting plan.

26.09.191 - Restrictions in temporary or permanent parenting plans.

26.09.194 - Proposed temporary parenting plan—Temporary order—Amendment—Vacation of order.

26.09.197 - Issuance of temporary parenting plan—Criteria.

26.09.210 - Parenting plans—Interview with child by court—Advice of professional personnel.

26.09.220 - Parenting arrangements—Investigation and report—Appointment of guardian ad litem.

26.09.225 - Access to child's education and health care records.

26.09.231 - Residential time summary report.

26.09.255 - Remedies when a child is taken, enticed, or concealed.

26.09.260 - Modification of parenting plan or custody decree.

26.09.270 - Child custody—Temporary custody order, temporary parenting plan, or modification of custody decree—Affidavits required.

26.09.280 - Parenting plan or child support modification or enforcement—Venue.

26.09.285 - Designation of custody for the purpose of other state and federal statutes.

26.09.290 - Final decree of dissolution nunc pro tunc.

26.09.300 - Restraining orders—Notice—Refusal to comply—Arrest—Penalty—Defense—Peace officers, immunity.

26.09.310 - Provision of health care to minor—Immunity of health care provider.

26.09.315 - Child custody issues—Abduction by parent—Information.

26.09.320 - Child support—Procedures for abatement based on incarceration—Rebuttable presumption of inability to pay—Reinstatement of support obligation.

26.09.325 - Child support—Who may make request for abatement based on incarceration—Procedures when multiple orders requiring incarcerated person to pay support exist.

26.09.330 - Child support—Department duties when order contains abatement language and obligated person is incarcerated—Procedures.

26.09.335 - Child support—Department duties when order does not contain abatement language and obligated person is incarcerated—Procedures.

26.09.340 - Child support—Requests for reversal or termination of abatement based on incarceration—Procedures.

26.09.405 - Applicability.

26.09.410 - Definitions.

26.09.420 - Grant of authority.

26.09.430 - Notice requirement.

26.09.440 - Notice—Contents and delivery.

26.09.450 - Notice—Relocation within the same school district.

26.09.460 - Limitation of notices.

26.09.470 - Failure to give notice.

26.09.480 - Objection to relocation or proposed revised residential schedule.

26.09.490 - Required provision in residential orders.

26.09.500 - Failure to object.

26.09.510 - Temporary orders.

26.09.520 - Basis for determination.

26.09.525 - Substantially equal residential time.

26.09.530 - Factor not to be considered.

26.09.540 - Objections by nonparents.

26.09.550 - Sanctions.

26.09.560 - Priority for hearing.

26.09.900 - Construction—Pending divorce actions.

26.09.901 - Conversion of pending action to dissolution proceeding.

26.09.902 - RCW 26.09.900 and 26.09.901 deemed in effect on July 16, 1973.

26.09.907 - Construction—Pending actions as of January 1, 1988.

26.09.909 - Decrees entered into prior to January 1, 1988.

26.09.910 - Short title—1987 c 460.

26.09.911 - Section captions—1987 c 460.

26.09.912 - Effective date—1987 c 460.

26.09.915 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

26.09.916 - Rule-making authority—2020 c 227.