RCW 26.09.510
Temporary orders.
(1) The court may grant a temporary order restraining relocation of the child, or ordering return of the child if the child's relocation has occurred, if the court finds:
(a) The required notice of an intended relocation of the child was not provided in a timely manner and the nonrelocating party was substantially prejudiced;
(b) The relocation of the child has occurred without agreement of the parties, court order, or the notice required by RCW 26.09.405 through 26.09.560 and the chapter 21, Laws of 2000 amendments to RCW 26.09.260, * 26.10.190, and 26.26B.090; or
(c) After examining evidence presented at a hearing for temporary orders in which the parties had adequate opportunity to prepare and be heard, there is a likelihood that on final hearing the court will not approve the intended relocation of the child or no circumstances exist sufficient to warrant a relocation of the child prior to a final determination at trial.
(2) The court may grant a temporary order authorizing the intended relocation of the child pending final hearing if the court finds:
(a) The required notice of an intended relocation of the child was provided in a timely manner or that the circumstances otherwise warrant issuance of a temporary order in the absence of compliance with the notice requirements and issues an order for a revised schedule for residential time with the child; and
(b) After examining the evidence presented at a hearing for temporary orders in which the parties had adequate opportunity to prepare and be heard, there is a likelihood that on final hearing the court will approve the intended relocation of the child.
[ 2019 c 46 § 5022; 2000 c 21 § 13.]
NOTES:
*Reviser's note: Chapter 26.10 RCW, with the exception of RCW 26.10.115, was repealed by 2020 c 312 § 905. RCW 26.10.115 was repealed by 2021 c 215 § 170, effective July 1, 2022.
Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405.
Structure Revised Code of Washington
Chapter 26.09 - Dissolution Proceedings—Legal Separation.
26.09.003 - Policy—Intent—Findings.
26.09.006 - Mandatory use of approved forms.
26.09.010 - Civil practice to govern—Designation of proceedings—Decrees.
26.09.015 - Mediation proceedings.
26.09.016 - Mediation in cases involving domestic violence or child abuse.
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.
26.09.120 - 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.
26.09.165 - Court orders—Required language.
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.
26.09.280 - 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.
26.09.310 - Provision of health care to minor—Immunity of health care provider.
26.09.315 - Child custody issues—Abduction by parent—Information.
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.
26.09.520 - Basis for determination.
26.09.525 - Substantially equal residential time.
26.09.530 - Factor not to be considered.
26.09.540 - Objections by nonparents.
26.09.560 - 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.