I currently live in the home I previously shared with my ex-husband. I work in a school district and our parenting plan states that our child will go to that district as long as I am working in it, but the home I am in lies in another district's boundaries (the two boarder each other and the boarder is less than 2mi from my hom. My ex's home is within the boundaries of the district where I work. I would like to move to another home that is in the same boundaries of where I currently live, but not where I work and where our child will go to school. Our parenting plan states that the other parent can not object to a move as long as the child remains living in the same school dist. My ex tries to find any way to cause me trouble and I can anticipate that if he could object that he will.
The relocation act specifies the following:
Notice — Relocation within the same school district.
(1) When the intended relocation of the child is within the school district in which the child currently resides the majority of the time, the person intending to relocate the child, in lieu of notice prescribed in RCW 26.09.440, may provide actual notice by any reasonable means to every other person entitled to residential time or visitation with the child under a court order.
(2) A person who is entitled to residential time or visitation with the child under a court order may not object to the intended relocation of the child within the school district in which the child currently resides the majority of the time, but he or she retains the right to move for modification under RCW 26.09.260.
If the order specifies as you state, I think you must file what is known as a minor modification of the parenting plan in order to move and/or comply with the relocation act. It seems kind of ridiculous, but you are bound by the court order. It probably should not have been drafted the way it was because, as you are seeing, problems have been created. But it is what it is at this point. I think you need to schedule a consultation so that a family law attorney can look at all of the final paperwork to insure there is no other odd language.
The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.
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