Legal Question in Family Law in Washington

Re: Moving out of the country

As your parenting plan probably indicates, you need to give the minimum 60 days' notice in writing. If the father does not object within the allowable time frame, in short, you may move. If he objects, he will file a response and serve that upon you and that will set up a new custody case akin to a divorce where the only fight is over whether you may move with the child and if you may move, what the new parenting plan would be. Support may also be adjusted as needed at that time.

If it goes all the way to a trial, there is a presumption that you may move, but that presumption is rebuttable. There are several factors the court will have to look to in determining whether to allow the move, which are too numerous for me to go through here, but suffice it to say, the court is basically looking to determine if it is better for you child to move away and lose time with a parent who is left behind or to remain. From what you describe, you may have a fight on your hands, but if he has not seen his daughter since she was seven, I think you've got a pretty good shot at moving.

As far as being a Dutch citizen, that is irrelevant. The court here has jurisdiction over custody matters and that is the basis upon which the court will resolve the matter.

If you want to make this happen correctly, my advice is to hire counsel to properly notify the father and deal with this if the father contests the move.

If the father contests the move, your daughter's view on the situation will likely be entertained to the extent it is voiced by her in private to a parenting evaluator or guardian ad litem, who will issue a report with recommendations with what to do to the court.

To the extent your daughter articulates good or mature reasons why she wants to move or stay, those views are given some weight, as opposed to if she articulates immature or improper reasons for wanting to move, such as, mom lets me stay up late, or mom told me I can smoke hash in the Netherlands, or any other reason that indicates she wants to move because of something that is not necessarily in her best interest, then her views are given less weight.

If you would like to discuss this matter, feel free to get in touch with me.

Re: Moving out of the country

There are 11 factors that control the granting of a contested relocation (some of the factors may not apply to your situation, e.g. (11)), the order in which the factors are listed does not indicate weight:

(1) The relative strength, nature, quality, extent of involvement, and stability of the child's relationship with each parent, siblings, and other significant persons in the child's life;

(2) Prior agreements of the parties;

(3) Whether disrupting the contact between the child and the person with whom the child resides a majority of the time would be more detrimental to the child than disrupting contact between the child and the person objecting to the relocation;

(4) Whether either parent or a person entitled to residential time with the child is subject to limitations under RCW 26.09.191;

(5) The reasons of each person for seeking or opposing the relocation and the good faith of each of the parties in requesting or opposing the relocation;

(6) The age, developmental stage, and needs of the child, and the likely impact the relocation or its prevention will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child;

(7) The quality of life, resources, and opportunities available to the child and to the relocating party in the current and proposed geographic locations;

(8) The availability of alternative arrangements to foster and continue the child's relationship with and access to the other parent;

(9) The alternatives to relocation and whether it is feasible and desirable for the other party to relocate also;

(10) The financial impact and logistics of the relocation or its prevention; and

(11) For a temporary order, the amount of time before a final decision can be made at trial.