Translate
LFLR 15. Relocation of Children
Local Family Law Rule
(a) Notice Required. Where a parenting plan or custody order has been entered, a parent seeking to relocate a child outside of his or her school district shall provide notice in accordance with RCW 26.09.430-440. A parent objecting to relocation shall file and serve the form Objection to Relocation/Petition for Modification (DRPSCU 07.0700). If the objecting party is seeking to restrain an immediate move, that party shall file and serve a motion in accordance with LFLR 5(e)(6) within fifteen (15) days of the filing of the Objection to Relocation/Petition for Modification.
(b) Presentation of Proposed Parenting Plan. In the absence of an objection, but no earlier than thirty (30) days after the relocating party has served a proposed parenting plan on the person entitled to residential time with the children, any party to the relocation action may present the relocating party’s proposed parenting plan to the Ex Parte and Probate Department through the Clerk’s office for entry.
(c) Motion for Default. If a response to an objection to relocation is not filed within the deadline for filing, a motion for default may be presented to the Family Law Department motions calendar upon fourteen (14) days notice.
(d) Motions for Temporary Orders. Motions for temporary orders shall not be heard until the deadline for filing an objection to relocation has passed, unless exigent circumstances require immediate relief. See LFLR 5(e)(6).
(e) Concurrent actions. If a petition for dissolution or modification is already pending at the time a notice of intent to relocate is served and if the objecting party serves an Objection to Relocation/Petition for Modification, that action shall be assigned to the same judge assigned to hear the initial action and no new case schedule shall issue. If, after the filing of an Objection to Relocation/Petition for Modification, a party seeks to modify the parenting plan pursuant to RCW 26.09.260, the modification action shall be assigned to the same judge who is assigned the relocation action and a modification case schedule shall be issued which shall govern both actions. A party who seeks to amend the case schedule based on the filing of the second action shall note a motion pursuant to LCR 7(b) with the assigned trial judge.
(f) Mediation/Alternative Dispute Resolution. The parties shall participate in mediation or some other form of alternative dispute resolution before trial unless waived by court order.
[Adopted effective September 1, 2004; amended effective September 1, 2008; January 1, 2009; September 2, 2014; September 1, 2018.]
(b) Presentation of Proposed Parenting Plan. In the absence of an objection, but no earlier than thirty (30) days after the relocating party has served a proposed parenting plan on the person entitled to residential time with the children, any party to the relocation action may present the relocating party’s proposed parenting plan to the Ex Parte and Probate Department through the Clerk’s office for entry.
(c) Motion for Default. If a response to an objection to relocation is not filed within the deadline for filing, a motion for default may be presented to the Family Law Department motions calendar upon fourteen (14) days notice.
(d) Motions for Temporary Orders. Motions for temporary orders shall not be heard until the deadline for filing an objection to relocation has passed, unless exigent circumstances require immediate relief. See LFLR 5(e)(6).
(e) Concurrent actions. If a petition for dissolution or modification is already pending at the time a notice of intent to relocate is served and if the objecting party serves an Objection to Relocation/Petition for Modification, that action shall be assigned to the same judge assigned to hear the initial action and no new case schedule shall issue. If, after the filing of an Objection to Relocation/Petition for Modification, a party seeks to modify the parenting plan pursuant to RCW 26.09.260, the modification action shall be assigned to the same judge who is assigned the relocation action and a modification case schedule shall be issued which shall govern both actions. A party who seeks to amend the case schedule based on the filing of the second action shall note a motion pursuant to LCR 7(b) with the assigned trial judge.
(f) Mediation/Alternative Dispute Resolution. The parties shall participate in mediation or some other form of alternative dispute resolution before trial unless waived by court order.
[Adopted effective September 1, 2004; amended effective September 1, 2008; January 1, 2009; September 2, 2014; September 1, 2018.]