Legal Question in Family Law in Washington

Re: Can the child choose

The Relocation Act requires that custodial parents seek court approval to move out of their school district, but there is no restraint whatsoever against non-custodial parents moving. I find it amazing that non-custodials would care so little about the havoc they so blithely wreak in their children's lives by moving away.

That said, it does happen.

Your parenting plan is based on the two of you living in reasonable geographic proximity. Your ex changed that by moving.

Your parenting plan may include a dispute resolution section. Before you ramp up the conflict and go to court, please consider using that section to deal with this.

In the event that alternative dispute resolution is unsuccessful, then you could move the Court to modify the parenting plan on the basis of a substantial change in the circumstances of the non-moving party (the ex who left).

However, right now the plan contemplates extended residential time with the ex in the summer. Even if your child wants to stay home, you still have an obligation to follow the plan. If you don't follow the plan, your ex could ask the court to have you found in contempt for failing to follow the court's order - and the Court is capable of fining you, transferring custody (under egregious circumstances) or putting you in jail. Don't risk it. It's not worth it.

Interfering with your ex's residential time - even if you are merely subtly suggesting to your daughter that you'll support her if she doesn't want to go - is simply not worth it.

There is a case called in re Rideout that cost the mom significantly when she did exactly that.

I can't recommend that approach. Your daughter needs her father, whether she sees that in the short term or not.

Hope this helps - Powell