21 Washington opinions name it 1 courts 2006–2025 7 in the last five years
The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In re the Marriage of Hornergreen2 sentences2025The court must consider each of the relocation factors to “ensure that trial courts consider the interests of the child and the relocating person within the context of the competing interests and circumstances required by the [relocation statute].” In re Marriage of Horner, 151 Wn.2d 884, 895 , 93 P.3d 124 (2004). 2022To the contrary, and as the Supreme Court has observed, the relocation factors address “important and competing interests and circumstances” and “serve as a balancing test.” Horner, 151 Wn.2d at 894 (emphasis added). | 3 | 12 |
Ramirez v. Hollandgreen2 sentences2019Additionally, the CRA requires the court to consider the relocation factors with a view toward determining whether “the decision of a presumptively fit parent to relocate with the child . . . will in fact be so harmfulto a child as to outweigh the presumed benefits of relocation to the child and relocating parent.” In re Parentage of R.F.R., 122 Wn. 2011In Parentage of R.F.R., 122 Wash.App. at 330 , 93 P.3d 951 , we merely noted that it would have been easier to determine which parent was entitled to the relocation presumption had a plan existed. ¶ 67 No case has held that the wording of a parenting plan controls over the reality of where the children reside a majority of the time. | 2 | 3 |
In re the Marriage of McNaughtgreen2 sentences2024“Because the relocation presumption reflects a legislative policy decision and Washington case law requires a quantum of proof to rebut it, this presumption shifts the burdens of production and persuasion to the parent opposing the relocation.” McNaught, 189 Wn. 2022“Each factor has equal importance.” McNaught, 189 Wn. | 1 | 3 |
In Re Parentage of RFRgreen2 sentences2019App. 324, 332-33 , 93 P.3d 951 (2004) (emphasis added). 2011In Parentage of R.F.R., 122 Wash.App. at 330 , 93 P.3d 951 , we merely noted that it would have been easier to determine which parent was entitled to the relocation presumption had a plan existed. ¶ 67 No case has held that the wording of a parenting plan controls over the reality of where the children reside a majority of the time. | 1 | 2 |
In re the Marriage of McDermottgreen1 sentence2018App. at431. 31 In re Marriage of McDermott, 175 Wn. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Marriage of Horner
green
2 sentences2025In re Marriage of Horner, 151 Wn.2d 884 , 894- 11 No. 59057-3-II 95, 93 P.3d 124 (2004). 2025The court must consider each of the relocation factors to “ensure that trial courts consider the interests of the child and the relocating person within the context of the competing interests and circumstances required by the [relocation statute].” In re Marriage of Horner, 151 Wn.2d 884, 895 , 93 P.3d 124 (2004). | 4 | 2006–2025 |
Bay v. Jensen
green
2 sentences2017“When considering whether a trial court abused its discretion by allowing relocation, we first look to see if the trial court entered specific findings of fact on each factor.” Bay v. Jensen, 147 Wn. 2011Horner, 151 Wash.2d at 893 , 93 P.3d 124 ; Bay, 147 Wash. App. at 651 , 196 P.3d 753 . | 3 | 2011–2017 |
In re the Marriage of Pennamen
green
2 sentences2023Id. at 806 . 2023Id. at 806 . | 2 | 2023–2023 |
In Re Combs
neutral
2 sentences2014App. 168 , 19 P.3d 469 (2001), he contends a relocation analysis should focus on the best interests of the children and that "the relocating parent's individual interests must be subordinated to those of the children." Appellant's Br. at 27. 2014App. 168 , 19 P.3d 469 (2001), he contends that a relocation analysis should focus on the best interests of the children and that “the relocating parent’s individual interests must be subordinated to those of the children.” Appellant’s Br. at 27. ¶20 Mr. Kim’s argument fails. | 2 | 2014–2014 |
Osborne v. Osborne
green
2 sentences2014The Washington Supreme Court has emphasized the importance of the interests of the relocating person, noting that most of the 11 factors refer to the interests and/or circumstances of the relocating parent and that'" the [relocation act] both incorporates and gives substantial weight to the traditional presumption that a fit parent will act in the best interests of ... the child and the relocating person.'" Horner, 151 Wn.2d at 895 (quoting In re Custody ofOsborne, 119 Wn. 2014The Washington Supreme Court has emphasized the importance of the interests of the relocating person, noting that most of the 11 factors refer to the interests and/or circumstances of the relocating parent and that “ ‘the [relocation act] both incorporates and gives substantial weight to the traditional presumption that a fit parent will act in the best interests of . . . the child and the relocating person.’ ”Horner, 151 Wn.2d at 895 (quoting In re Custody of Osborne, 119 Wn. | 2 | 2014–2014 |
In Re Marriage of Possinger
green
1 sentence2019App. 326, 335 , 19 P.3d 1109 (2001), that is not the correct standard for a relocation analysis. | 1 | 2019–2019 |
State v. Swanson
neutral
1 sentence2019App. 67, 75 , 65 P.3d 343 (2003) (quoting Wash. Natural Gas Co. v. Pub. | 1 | 2019–2019 |
In re the Marriage of Possinger
green
1 sentence2019But while the standard by which a trial court establishes a parenting plan is the best interests of the child, In re Marriage of Possinger, 105 Wn. | 1 | 2019–2019 |
State v. Swanson
green
2 sentences2019Porter next argues, relying on expresslo unius est exclusio alter/us,7 that because two of the relocation factors already encompass a presumption in favor 6 .~ former RCW 26.09.520(3) (requiring the court to consider “[w]hether disrupting the contact between the child and the person with whom the child resides a majority of the time would be more detrimental to the child than disrupting contact between the child and the person objecting to the relocation”). ~ Expressio un/us est exclusio alter/us is a maxim of statutory construction, stating that when “a statute specifically designates the thi 2019Porter next argues, relying on expresslo unius est exclusio alter/us,7 that because two of the relocation factors already encompass a presumption in favor 6 .~ former RCW 26.09.520(3) (requiring the court to consider “[w]hether disrupting the contact between the child and the person with whom the child resides a majority of the time would be more detrimental to the child than disrupting contact between the child and the person objecting to the relocation”). ~ Expressio un/us est exclusio alter/us is a maxim of statutory construction, stating that when “a statute specifically designates the thi | 1 | 2019–2019 |
In Re: Gretchen Ruff (fka Gretchen Worthley) v. William Worthley
green
1 sentence2019He contends that, under In re Marriage of Worthley, 198 Wn. | 1 | 2019–2019 |
In Re Marriage of Adler
neutral
1 sentence2018App. 717, 723-24 , 129 P.3d 293 (2006). ki. at 721. | 1 | 2018–2018 |
In re the Marriage of Adler
green
1 sentence2018Thus, while not directly addressed on appeal, the trial court’s reliance on the CRA’s relocation factors was appropriate because the plan designated a “primary residential custodian.” ~ 131 Wn. | 1 | 2018–2018 |
In re the Marriage of Fahey
green
1 sentence2018Fahey, 164 Wn. | 1 | 2018–2018 |
Bay v. Jensen
green
1 sentence2011Horner, 151 Wash.2d at 893 , 93 P.3d 124 ; Bay, 147 Wash. App. at 651 , 196 P.3d 753 . | 1 | 2011–2011 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.