Joshua Foreman

deadlines, esp why it is so important to serve Mom IMMEDIATELY, before she leaves town or hides from process service  /  if Mom hides: service of process by mail (explain the computation of time rules in Civil Rules 5 & 6 -- links) & if yous erve by mail, why you should serve by both certified mail (return receipt requested) AND regular first class mail (cite the child support mod case, where only the certified mail came back undelivered)

 

links to forms for objection & TRO (how to do this)

 

 

 edit this:

 the Child Relocation Act (RCW 26.09.405 - 26.09.914)
If the primary residential parent (custodial parent -- let's call her Mom) wants to move a child out of a school district, she must notify the other parent.

If the other parent (let's call him Dad) wants to object, he must do so immediately.

If he doesn't object as provided by law, the move will be allowed and a new parenting plan will be entered accordingly.

If it's a long distance move, Dad will probably have less contact with his children.

If Dad objects, a trial court will decide whether to allow the move or not. If the move is allowed, a new parenting plan will be entered (the same as if there had been no objection). If the move is not allowed, Mom must choose whether to move (herself) anyway or abandon her plans.

If she decides not to move, the existing parenting plan continues to be in force. But if she decides to move anyway, Dad will get custody and a new parenting plan will be entered.

This is a very simple summary of the Washington State Child Relocation Act (RLA); there are many complications I haven't mentioned.

If you are in an RLA situation, you should see a lawyer who is experienced in these cases, especially if you are a non-custodial Dad who would like to take custody of your children.

 

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if Mom "recants"  /  if not

 

 

 

There was a Relocation Act mock trial at the 2002 Family Law Institute (sponsored by the King County Bar Association); I represented the objecting father and won.

 

how I won

 

 

 

key factors in relocation cases: how to object and win

 

 

what if custody is 50-50?  cite to the colloquy

 

 

new legislation

 

FIGHTING RELOCATION

-- explain what this means

importance of prompt objection & restraint

DPB on 50-50 (new statute coming?)

1. subscribe to newspapers at proposed relocation & read carefully;
use to refute what Mom says about advantages of moving

2. send private eye/teacher to Mom's proposed new school to investigate
(teacher can be both a fact witness and an expert witness) --- compare schools

3. as always -- focus on BIOTC

 

 

get permission from Doug Becker to quote from his essays 

 

 

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