Can my ex stop me from moving if it is part of the parenting plan? 5 Answers as of June 03, 2011

My patenting plan allows my daughter and I to move 60 miles from my ex. I'm planning on moving 49 miles and my ex is threatening to object if I don't go to mediation. I didn't want to change parenting plan but my ex was ok with move but now he has come with he's objecting if I don't do this his way. Friends who are attorneys he can’t stop move since I had the 60 miles allowed to move have told me. Just because he doesn't like it and has sent me emails with different visitation that actually give him less time. Makes no sense. Bottom line is it's my right to move. We agreed not to do formally and now he is spouting objection so I filed the legal paper of notice to relocate. But how on earth could he stop the move when it's written in parent plan? I have custody

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Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
I would suggest you consult with a family law attorney in your area. A notice of relocation is required when you move the child outside of their school district, but it sounds like you already have language in your parenting plan that allows the move. If the child's father files an objection, you should be able to have a hearing on moving pending the final hearing. He may still be entitled to have a trial on whether the parenting plan should be modified to adjust for the longer distance between the two of you. Since he has proposed mediation, it might make sense to go to the mediation to discuss changes to the parenting plan to accommodate the longer transitions.
Answer Applies to: Washington
Replied: 6/3/2011
Berner Law Group, PLLC
Berner Law Group, PLLC | Jack Berner
A review of your parenting plan and discussion about circumstances is highly recommended. If you reside in Western Washington, feel free to contact my office for a free, no obligation consultation-by phone or in person-about this situation.
Answer Applies to: Washington
Replied: 6/3/2011
Law Office of Cindy Lin
Law Office of Cindy Lin | Cindy Lin
If you have a finalized parenting plan that permits you to move up to 60 miles away, your ex cannot stop you unless he seeks modification of the parenting plan from the court. Modifications usually require good cause or a showing of hardship. If this is the case, you probably do not need to comply with his new demands. However, if you do not have a finalized parenting plan in place, your ex may file for custody or changes to a custody arrangement that can prevent you from moving, at least in the immediate future.
Answer Applies to: Washington
Replied: 6/2/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
Your ex can't stop you from moving. The question is whether he can stop you from moving with the kids. Frankly, I think the provision allowing you to move is illegal, but it give you something to hang your hat on. However, I would not rely upon that clause because, as I said, it is probably illegal. (The legislature took away from the courts the ability to order things like "permission to move less than 60 miles" without going through all of the relocation notice requirements. Why not just give notice like your suppose to and hash it out. Probably you will be allowed to leave if you have a half way good reason for doing so.
Answer Applies to: Washington
Replied: 6/2/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
Your agreement is only one of many factors the Court looks at to determine whether or not the move will be permitted. See RCW 26.09.520 Assuming you are the primary parent, there is a legal presumption the move will be permitted provided it is in good faith.
Answer Applies to: Washington
Replied: 6/2/2011
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