Fill and Sign the Objection About Moving with Children Form

RCW 26.09.260(6), .480, .520 Mandatory Form (07/2017) FL Relocate 721 Objection about Moving with Children and Petition… (Relocation) p. 1 of 8 Superior Court of Washington, County of In re: Petitioner/s (as listed on the parenting/custody order) : And Respondent/s (as listed on the parenting/ custody order) : No. Objection about Moving with Children and Petition about Changing a Parenti ng/Custody Order (Relocation) (OBPT) Objection about Moving with Children and Petition about Changing a Parenting/Custody Order (Relocation) 1. My name is: . 2. I have a court order giving me a legal right to spend time with the following children: Child’s name Age Child’s name Age 1. 4. 2. 5. 3. 6. 3. Notice of move (Check one): I received a Notice of Intent to Move with Children from the other parent (or non -parent custodian) on (date): . The other parent (or non -parent custodian) moved or plans to move with the children on (date): , but I have not received proper notice. RCW 26.09.260(6), .480, .520 Mandatory Form (07/2017) FL Relocate 721 Objection about Moving with Children and Petition… (Relocation) p. 2 of 8 4. Do you object to the children moving? No. I do not object to the children moving with th e other parent (or non -parent custodian). (Skip to 5.) Yes. The children should not be allowed to move with the other parent (or non -parent custodian). If the other parent (or non -parent custodian) moves, the parenting/custody order sho uld be changed so that the children live with me most of the time. I am filing and serving my proposed Parenting Plan or Residential Schedule with this Objection . Reasons for objection – I object to the children moving because the move would cause more h arm to the children than good to the children and the other parent (or non -parent custodian). My reasons for believing this are based on the following : Note – If you cannot answer some of the sections below because you don’t have enough information about the move, you may say so. If you need more space to explain in any of the sections below, you may add more pages to this Petition. Number, date and sign each page that you add . a. Relationships: The children’s relationships with each parent, any siblin gs, and other important people in the children’s life. (Describe the strength, nature, quality, extent of involvement, and stability of the children’s relationships and how those would be affected by the planned move): b. Agreements: Are there an y agreements between the parents (or non -parent custodian) about moving with the children? Yes No (Explain): c. Contact: Would disrupting the children’s contact with the moving parent (or non - parent custodian ) be more harmful than disrupting their contact with the non - moving parent? Yes No (Explain): d. Limitations: Does the current parenting/custody order include limitations under RCW 26.09.191 on a parent (or non -parent custodian)? Yes No (Explain): RCW 26.09.260(6), .480, .520 Mandatory Form (07/2017) FL Relocate 721 Objection about Moving with Children and Petition… (Relocation) p. 3 of 8 e. Reasons for moving: Were the reasons for moving given in good faith? Yes No (Explain): f. Reasons for objecting: I hav e the following good faith reasons for objecting to the planned move: g. Children: Describe how allowing or preventing the move would affect the children’s physical, educational, and emotional development, considering their age, developmental stage , and needs (including any special needs). (Describe both possibilities – if the move is allowed and if it is prevented.) h. Quality of life: Describe the quality of life, resources and opportunities available to the children and the moving paren t (or non -parent custodian) in the current location and in the new location. i. Other arrangements: Describe any other arrangements available to foster and continue the non -moving parent’s relationship and contact with the children. j. Alter natives: Describe alternatives to the planned move, and whether it is possible or desirable for the non -moving parent to move too. k. Financial: Describe the financial impact and logistics of moving or not moving (for example, the timing, cost, an d how the move would happen). RCW 26.09.260(6), .480, .520 Mandatory Form (07/2017) FL Relocate 721 Objection about Moving with Children and Petition… (Relocation) p. 4 of 8 5. Do you want the court to change the parenting/custody order if the children are allowed to move with the other parent (or non -parent custodian)? No. I want the court to keep the current parenting /custody order the same, even if the court allows the children to move. Yes. If the children are allowed to move with the other parent (or non -parent custodian), I ask the Court to approve the Parenting Plan or Residential Schedule that is proposed by (check one): me. I am filing and serving my proposed Parenting Plan or Residential Schedule with this Objection . the other parent (or non -parent custodian). 6. Child Support No req uest. I ask the court to change the Child Support Order as necessary if the court allows the children to move or changes the parenting/custody order. Note –If you have other reasons to change child support, you may file separate forms to make that request (use form FL Modify 501 or 521). 7. Protection Order Do you want the court to issue an Order for Protection as part of the final orders in this case? No. I do not want an Order for Protection . Yes. (You must file a Petition for Order for Protection, form DV -1.015 for domestic violence, or form UHST -02.0200 for harassment. You may file your Petition for Order for Protection using the same case number assigned to this case.) Important! If y ou need protection now , ask the court clerk about getting a Temporary Order for Protection. There already is an Order for Protection between (name): and me. (Describe): Court that issued the order: Case number: Expiration date: 8. Restraining Order Do you want the court to issue a Restraining Order as part of the final orders in this case? No. (Skip to 9.) Yes. Check the type of orders you want: Do not disturb – Order (name/s ) not to disturb my peace or the peace of any child listed in 2. RCW 26.09.260(6), .480, .520 Mandatory Form (07/2017) FL Relocate 721 Objection about Moving with Children and Petition… (Relocation) p. 5 of 8 Stay away – Order ( name/s ) not to go onto the grounds of or enter my home, workplace, or school, and the daycare or school of any child listed in 2. Also, not knowingly to go or stay within feet of my home, workplace, or school, or the daycare or school of any child listed in 2. Do not hurt or threaten – Order ( name/s ) :  Not to assault, harass, stalk or molest me or any ch ild listed in 2; and  Not to use, try to use, or threaten to use physical force against me or the children that would reasonably be expected to cause bodily injury. Warning! If the court makes this order, the court must consider if weapons restrictions a re required by state law; federal law may also prohibit the Restrained Person from possessing firearms or ammunition. Prohibit weapons and order surrender – Order ( name/s ) :  Not to possess or obtain any firearms, other dangerous weap ons, or concealed pistol license until the Order ends, and  To surrender any firearms, other dangerous weapons, and any concealed pistol license that he/she possesses t o (check one): the police chief or sheriff. his/ her lawyer. other person (name): . Other restraining orders: Important! If you want a restraining order now , you must file a Motion for Temporary Family Law Order and Restraining Order or a Motion for Immediate Restraining Order (Ex Parte). 9. Correct County (Venue) This is the correct county for this case to be heard because I live in (county and state): The other parent (or non -parent custodian) lives in (county and state): The children live in (county a nd state): The parenting/custody order we have now was issued in (county and state): Important! Attach or file a certified copy of the current parenting/custody order that you want to change if it was issued in a different county or state. 10. Ch ildren’s Home/s During the past 5 years have any of the children lived:  on an Indian reservation,  outside Washington state,  in a foreign country, or  with anyone who is not a party to this case? No. (Skip to 11 .) RCW 26.09.260(6), .480, .520 Mandatory Form (07/2017) FL Relocate 721 Objection about Moving with Children and Petition… (Relocation) p. 6 of 8 Yes . (Fill out below to show where each child has lived during the last 5 years.) Dates Children Lived with In which state, Indian reservation, or foreign country From: To: All children (Name/s): Petitioner Respondent Other (name): From: To: All children (Name/s): Petitioner Respondent Other (name): From: To: All children (Name/s): Petitioner Respondent Other (name): From: To: All children (Name/s): Petitioner Respondent Other (name): 11. Other people with a legal right to spend time with a child Do you know of anyone besides you and the other parties to this case who has or claims to have a legal right to spend time with any of the children? (Check one): No. (Skip to 12. ) Yes. (Fill out below.) Name of person Child/ren this person may have the right to spend time with All children (Name/s): All children (Name/s): 12. Other court cases involving a child Do you know of any court cases involving any of the children in this case? (Check one): No. (Skip to 13. ) Yes. (Fill out below.) Kind of case (Family Law, Criminal, Protection Order, Juvenile, Dependency, Other) County and State Case number and year Children All children (Name/s): RCW 26.09.260(6), .480, .520 Mandatory Form (07/2017) FL Relocate 721 Objection about Moving with Children and Petition… (Relocation) p. 7 of 8 Kind of case (Family Law, Criminal, Protection Order, Juvenile, Dependency, Other) County and State Case number and year Children All children (Name/s): All children (Name/s): All children (Name/s): 13. Jurisdiction over children (RCW 26.27.201 – .221, .231, .261, .271) The court can decide this case for the children because (check all that apply; if a box applies to all of the children, you may write “the children” instead of listing names) : Exclusive, continuing jurisdiction – A Washington court has alr eady made a parenting plan, residential schedule or custody order for the children, and the court still has authority to make other orders for (children’s names): . Home state jurisdiction – Washington is the children’s home state becaus e (check all that apply): (Children’s names): lived in Washington with a parent or someone acting as a parent for at least the 6 months just before this case was filed, or if the children are less than 6 months old, they have lived in Washington with a parent or someone acting as a parent since birth. There were times the children were not in Washington in the 6 months just before this case was filed (or since birth if they are less than 6 months old), but those were temporary absences. (Children’s names): do not live in Washington right now, but Washington was the children’s home state at some time in the 6 months just before this case was filed, and a p arent or someone acting as a parent of the ch ildren still lives in Washington. (Children’s names): do not have another home state. No home state or home state declined – No court of any other state (or tribe) has the jurisdiction to make decisions for (children’s names): . or a court in the children’s home state (or tribe) decided it is better to have this case in Washington and:  The children and a parent or someone acting as a parent have ties to Washington beyond just living here; and  There is a lot of info rmation (substantial evidence) about the children’s care, protection, education and relationships in this state. RCW 26.09.260(6), .480, .520 Mandatory Form (07/2017) FL Relocate 721 Objection about Moving with Children and Petition… (Relocation) p. 8 of 8 Other state declined – The courts in other states (or tribes) that might be (children’s names): ’s home state have refused to take this case because it is better to have this case in Washington . Temporary emergency jurisdiction – The court can make decisions for (children’s names): because the children are in this state now and were abandoned here or need eme rgency protection because the children (or the children’s parent, brother or sister) were abused or threatened with abuse. ( Check one): A custody case involving the children was filed in the children’s home state (name of state or tribe) : . Washington should take temporary emergency jurisdiction over the children until the Petitioner can get a court order from the children’s home state (or tribe). There is no valid custody order or open custody case in the children ’s home state (name of state or tribe): . If no case is filed in the children’s home state (or tribe) by the time the children have been in Washington for 6 months, (date): , Washington should have final jurisdiction over the children. Other reason (specify): 14. Fees and costs No request. Order the other parent (or non -parent custodian) to pay for my costs, lawyer fees, and other fees. 15. Othe r requests, if any Person filing t his Objection fills out below: I declare under penalty of perjury under the laws of the state of Washington that the facts I have provided on this form (including any attachments) are true. I’ve attached (#): pages. Signed at (city and state): Date: Person filing Objection signs here Print name Lawyer (if any) for person filing this Objection fills out below: Lawyer signs here Print name and WSBA No. Date Warning! Documents filed with the court are available for any one to see unless they are sealed. Financial, medical, and confidential reports, as described in General Rule 22, must be sealed so they can only be seen by the court, the other party, and the lawyers in your case. Seal those documents by filing them sep arately, using a Sealed cover sheet (form FL All Family 011, 012, or 013). You may ask for an order to seal other documents.