Legal Question in Family Law in Washington
minor child relocation
The state of WA has a relatively new Child Relocation Act. It stipulates that the primary residential parent must give notice to ex. prior to child relocation. If it is impossible to have the requisite advanced notice, the primary residential parent must inform the ex within 5 days of discovery and file all necessary forms. This includes the ex who has visitation being notified of intention by either personally serving or by certified mail. My question is, does it meet the law's requirement re. notification of ex if merely the ex's lawyer used for the divorce is notified by certified mail even though that lawyer and ex never even had discussed relocation representation. Seems that this is another and new legal matter. Is it acceptable for the primary residential parent to merely assume the same legal representation? Or, does this a violation of the mandatory notice provision. The ex had 3 different lawyers in the divorce process.
1 Answer from Attorneys
Re: minor child relocation
In answering your question, I have not reviewed the relocation provisions of chapter 26.09 because I believe CR 5(b)(4) and (6) clearly answers your question. See http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=CR&ruleid=supcr05, which says in part:
(4) Service on Attorney Restricted After Final Judgment. A party, rather than the party's attorney, must be served if the final judgment or
decree has been entered and the time for filing an appeal [30 days] has expired ... This rule is subject to the exceptions defined in subsection (b)(6). ...
(6) Exceptions. An attorney may be served notwithstanding subsection (b)(4) of this rule if (i) fewer than 63 days have elapsed since the filing
of any paper or the issuance of any process in the action or proceeding or (ii) if the attorney has filed a notice of continuing representation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
