Can a Washington Parent Move Without a Custody Agreement?

If you are considering relocating, you may be wondering what happens when there is no signed parenting plan or court order in place. In Washington, moves across state lines still raise legal issues about who decides where a child lives and which court has authority.

Without a custody agreement, you should not move a child out of Washington until you understand jurisdiction, notice, and potential court remedies; leaving abruptly can trigger emergencies, criminal allegations, or an order to return the child.

Understanding Jurisdiction When No Order Exists

Even without a signed parenting plan, Washington’s version of the RCW 26.27 – UCCJEA (Jurisdiction) controls which state’s court can make the first custody decision. Generally, your child’s “home state” is where the child has lived for the six months before a case is filed. If your child has lived in Washington for six months or since birth, Washington courts typically have authority to decide custody first. If you move before filing, you may unintentionally shift or complicate jurisdiction, which can prolong your case and increase costs. Courts also consider emergency jurisdiction if safety is at risk, but that is narrow and temporary.

Because there is no existing order, either parent can file to establish a parenting plan. Filing first in the appropriate court, and serving the other parent properly, helps prevent conflicting cases in two states. Acting strategically on timing can avoid a jurisdiction “race” that often surprises relocating parents.

Relocation Rules Versus First-Time Parenting Plans

People often hear about Washington’s Relocation Act and assume it governs every move. The RCW 26.09.430 – Notice of Intended Relocation mainly applies when a final parenting plan already exists. When there is no order, the court will typically address the move as part of the initial parenting plan, weighing the child’s best interests and practical realities. That said, judges dislike surprise relocations that cut off a child’s access to the other parent, and will consider the mover’s good faith, planning, and communication. Giving reasonable written notice and proposing a detailed long-distance schedule can build credibility even before a case is filed.

If you already filed to establish custody in Washington, do not leave with the child mid‑case without written agreement or a court order. Doing so can lead to emergency motions, orders to return, or restrictions under RCW 26.09.191 – Limitations in Parenting Plans if the court believes the move undermines the child’s relationship with the other parent.

Common Scenarios and Jurisdiction

The following table summarizes frequent scenarios parents face when considering a move with no court order in place. Use it to anticipate which court will likely decide your case and what immediate step is most protective.

Because each family’s facts differ—dates, addresses, schooling, and safety concerns—treat this as orientation, not a final answer. A short consultation can clarify the fastest path forward while avoiding missteps that are hard to unwind.

Key Steps Before You Relocate

Proactive preparation reduces risk and signals good faith to the court. The following steps are widely recommended by Washington family practitioners.

• Document the child’s residence history for the past two years, including leases, school or daycare records, and medical providers.
• Give the other parent written notice of your tentative plans and proposed long‑distance schedule, even if the Relocation Act does not strictly apply yet.
• Open a case in the correct Washington county to establish a parenting plan, and request temporary orders that address the move before you leave.
• Gather proof of the new location’s benefits—housing, school options, childcare, and support network—to show the move serves the child’s best interests.

These steps also position you to negotiate a settlement that avoids emergency hearings, keeps costs reasonable, and focuses on the child’s routine and stability.

What Courts Consider When There Is No Order

At the initial hearing, judges focus on stability, the child’s relationships, and each parent’s capacity to meet daily needs. Evidence about schooling, caregiving history, medical needs, and each parent’s work schedule often carries more weight than general preferences. Courts also look closely at cooperation: a parent who communicates early and proposes meaningful time with the other parent appears more child‑focused. Resources from Washington Courts – Parenting Plans help you understand the forms and information a judge expects in Washington.

If safety is an issue, you can ask for restrictions under RCW 26.09.191 – Limitations in Parenting Plans. In the rare case of abduction risk, the WA Attorney General – Child Abduction Resources explain civil and criminal tools that may apply.

Mistakes That Create Legal Problems

Certain choices tend to backfire in court and may prolong your case. Avoid the following pitfalls when possible.

• Moving first and filing later, which can trigger competing cases in two states and emergency orders to return the child.
• Denying all contact with the other parent without a documented safety basis and a court order.
• Relying on informal texts in place of a signed temporary order that spells out exchanges, travel costs, and decision‑making.
• Posting relocation plans on social media before the court addresses them, undermining credibility and settlement prospects.

When in doubt, pause and get legal advice. Short delays to file correctly often save months of litigation.

Temporary Orders That Smooth the Transition

Washington courts can enter temporary orders that set a parenting schedule, allocate travel costs, and choose a decision‑making method for school and healthcare. Temporary orders may authorize a trial move, preserve the child’s routine during the school year, and set generous holiday blocks for the non‑moving parent. A clear travel plan—airline, exchanges, notice windows, and a fallback plan—reduces conflict and missed flights. Judges will expect each parent to share information frequently via co‑parenting apps and to keep the child out of adult disputes.

Temporary child support and transportation cost sharing can also be addressed at the same time as the parenting schedule, preventing disputes from spilling into daily life.

Evidence That Strengthens a Relocation Request

Compelling relocation cases are evidence‑driven. Be ready with job offers, school comparisons, childcare options, and a concrete housing plan. Show how the child will maintain frequent, quality contact with the other parent—video calls, longer breaks, and shared travel. Letters from teachers or counselors about the child’s needs can help. A move that upgrades stability and reduces conflict is easier for a court to accept. Finally, document good‑faith cooperation by saving emails that invite the other parent to propose alternatives.

On the other hand, if you oppose the move, gather records showing the child’s community ties, specialized services in Washington, and your own hands‑on caregiving history.

How To Serve Notice and Communicate Effectively

Even when the Relocation Act is not technically triggered, serving written notice shows respect and reduces motion practice. State in writing where you intend to live, the targeted move date, a proposed schedule, and how you will handle travel. Use email or certified mail so you can prove delivery. Offer video‑call routines and share school calendars early to reinforce continuity.

If the other parent objects, suggest mediation or a parenting coordinator. Document all proposals and responses; judges often compare the reasonableness of each parent’s plan when deciding temporary arrangements.

For deeper context, see Can a Prenup Determine Child Custody?, Texas Guide to Parental Alienation, Does Texas Enforce Out-of-State Child Support Orders?, and Can a Non-Custodial Parent Take the Child to the Doctor in Texas?.

Relocations with no existing court order move quickly once a case is filed. A brief strategy session can clarify whether to file first in Washington, how to frame the move in your initial pleadings, and what temporary relief to request. Experienced counsel can also help you assemble the records that make the strongest early impression.

Talk With a Washington Child Custody Attorney Today

If you are considering moving out of state with child no custody agreement and want clear guidance tailored to your situation, our team can help you act quickly and safely. Call 425-295-2144 or contact us online for a confidential consultation in Washington. Informational only; not legal advice; consult a licensed attorney in Washington.

Resources

• RCW 26.09.430 – Notice of Intended Relocation
• Washington Courts – Parenting Plans
• RCW 26.27 – UCCJEA (Jurisdiction)
• WA Attorney General – Child Abduction Resources
• RCW 26.09.191 – Limitations in Parenting Plans

Further Reading

• Can a Prenup Determine Child Custody?
• Texas Guide to Parental Alienation
• Does Texas Enforce Out-of-State Child Support Orders?
• Can a Non-Custodial Parent Take the Child to the Doctor in Texas?

Frequently Asked Questions

Can I move out of Washington with my child if there is no custody order?

In many cases you should not relocate until you file to establish a parenting plan and obtain temporary orders. Leaving without notice can lead to emergency motions and an order to return the child. Filing first in the correct Washington county helps secure jurisdiction and clear expectations for both parents.

What if I already moved to another state?

Speak with a lawyer immediately. Jurisdiction may still be in Washington if the child lived here for the six months before the case began. You may need to appear in Washington or seek coordinated orders between states under the UCCJEA.

Does the Washington Relocation Act apply when there is no order?

Usually it applies only after a final parenting plan exists. Without an order, the court addresses relocation as part of the initial plan and looks at the child’s best interests and each parent’s good faith communication.

How do judges decide long‑distance schedules?

Courts weigh the child’s age, school calendar, travel logistics, and the history of caregiving. Plans often include extended summer and holiday time, frequent video calls, and shared transportation costs.

What if I fear the other parent will take the child and not return?

Consult the court about emergency relief or protection orders. Washington law allows temporary restrictions if there is a credible abduction risk or safety concern. Document specific incidents and gather evidence before filing.

Do I need the other parent’s permission to move schools?

If there is no order, you still risk court sanctions if a unilateral change disrupts the child’s access to the other parent. It is safer to seek a temporary order that addresses school choice and transportation before you relocate.