Legal Question in Family Law in Washington

Stop My Ex From Moving?

I am moving to the town where my ex, his wife, her child and my 2 boys are living to be closer to my boys. There have been numerous issues at their father's house that lead me to believe that they would be better with me living closer (I currently live about 20 miles away). Their father is now threatening to move to another town and pull the kids out of their school, church and away from their friends just so we all don't live in the same town. I believe I have a legal leg to stand on to gain custody, but I don't want their father up and moving in the meantime as it will completely uproot their lives. What are my options? Can I stop him from moving until my case is heard?


Asked on 3/31/07, 10:31 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Stop My Ex From Moving?

The primary residential parent has to give you notice - a summons and petition for relocaction and do it 60 days in advance of any move.

That is your opportunity to object and explain why a move is a bad idea. You can ask for the move to be restrained until the relocation is decided by the court.

If he doesn't give you notice, you can ask the court to place the children with you as a remedy. It has to be in the children's best interest, but if that is true then the Court can place the kids with you.

So, you can restrain the father from moving out of his school district whether he gives you notice or not. How long that will be effective for is the big question.

Hope this helps. Powell

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Answered on 4/01/07, 11:57 am


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