Revised Code of Washington

Wash. Rev. Code § 26.09.460 (2026)

Limitation of notices

✓ current as of May 2026
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(1) If a person intending to relocate the child is entering a domestic violence shelter due to the danger imposed by another person, notice may be delayed for twenty-one days. This section shall not be construed to compel the disclosure by any domestic violence shelter of information protected by confidentiality except as provided by RCW 70.123.075 or equivalent laws of the state in which the shelter is located.
(2) If a person intending to relocate the child is a participant in the address confidentiality program pursuant to chapter 40.24 RCW or has a court order which permits the party to withhold some or all of the information required by RCW 26.09.440(2)(b), the confidential or protected information is not required to be given with the notice.
(3) If a person intending to relocate the child is relocating to avoid a clear, immediate, and unreasonable risk to the health or safety of a person or the child, notice may be delayed for twenty-one days.
(4) A person intending to relocate the child who believes that his or her health or safety or the health or safety of the child would be unreasonably put at risk by notice or disclosure of certain information in the notice may request an ex parte hearing with the court to have all or part of the notice requirements waived. If the court finds that the health or safety of a person or a child would be unreasonably put at risk by notice or the disclosure of certain information in the notice, the court may:
(a) Order that the notice requirements be less than complete or waived to the extent necessary to protect confidentiality or the health or safety of a person or child; or
(b) Provide such other relief as the court finds necessary to facilitate the legitimate needs of the parties and the best interests of the child under the circumstances.
(5) This section does not deprive a person entitled to residential time or visitation with a child under a court order the opportunity to object to the intended relocation of the child or the proposed revised residential schedule before the relocation occurs.
[ 2000 c 21 s 8.]

Notes:

IntentCaptions not law2000 c 21: See notes following RCW 26.09.405.
Notes of Decisions
Cited in 7 cases, 2008–2015 · leading case: Bay v. Jensen, 147 Wash. App. 641 (Wash. Ct. App. 2008).
Bay v. Jensen, 147 Wash. App. 641 (Wash. Ct. App. 2008). · cites it 2× “6 ¶9 Later that day, Jensen’s attorney appeared in Pierce County Superior Court and asked the court (1) to allow Jensen’s immediate relocation with the children to New Mexico pending a final court order and (2) to waive the notice requirements under RCW 26.09.460 7 because of…”
Bay v. Jensen, 196 P.3d 753 (Wash. Ct. App. 2008). · cites it 2× “[6] *757 ¶ 9 Later that day, Jensen's attorney appeared in Pierce County Superior Court and asked the court (1) to allow the Jensen's immediate relocation with the children to New Mexico pending a final court order, and (2) to waive the notice requirements under RCW 26.09.460…”
In Re Marriage of Fahey, 262 P.3d 128 (Wash. Ct. App. 2011). “430 states, Except as provided in RCW 26.09.460, a person with whom the child resides a majority of the time shall notify every other person entitled to residential time or visitation with the child under a court order if the person intends to relocate.”
In re the Marriage of Fahey, 164 Wash. App. 42 (Wash. Ct. App. 2011). “430 states: Except as provided in RCW 26.09.460, a person with whom the child resides a majority of the time shall notify every other person entitled to residential time *52 or visitation with the child under a court order if the person intends to relocate.”
In re the Marriage of Chua, 149 Wash. App. 147 (Wash. Ct. App. 2009). · cites it 7× “430, a person who intends to relocate a child must give notice to every person entitled to residential time or visitation except as provided in RCW 26.09.460. Under RCW 26.09.460(1), notice may be delayed for 21 days if the person seeking relocation is entering a domestic…”
In Re Marriage of Chua & Root, 202 P.3d 367 (Wash. Ct. App. 2009). · cites it 5× “430, a person who intends to relocate a child must give notice to every person entitled to residential time or visitation except as provided in RCW 26.09.460. Under RCW 26.09.460(1), notice may be delayed for 21 days if the person seeking relocation is entering a domestic…”
Jackie L. Daly, V Scott M. Riley (Wash. Ct. App. 2015). · cites it 2× “460, a person with whom the child resides a majority of time shall notify every other person entitled to residential time or visitation with the child under a court order if the person intends to relocate. The 2008 and 2010 orders from King County Superior Court suspend Riley’s…”
— Wash. Rev. Code § 26.09.460(1) — 2 cases
In re the Marriage of Chua, 149 Wash. App. 147 (Wash. Ct. App. 2009). “430, a person who intends to relocate a child must give notice to every person entitled to residential time or visitation except as provided in RCW 26.09.460. Under RCW 26.09.460(1), notice may be delayed for 21 days if the person seeking relocation is entering a domestic…”
In Re Marriage of Chua & Root, 202 P.3d 367 (Wash. Ct. App. 2009). “430, a person who intends to relocate a child must give notice to every person entitled to residential time or visitation except as provided in RCW 26.09.460. Under RCW 26.09.460(1), notice may be delayed for 21 days if the person seeking relocation is entering a domestic…”
— Wash. Rev. Code § 26.09.460(3) — 1 case
In re the Marriage of Chua, 149 Wash. App. 147 (Wash. Ct. App. 2009). “430, a person who intends to relocate a child must give notice to every person entitled to residential time or visitation except as provided in RCW 26.09.460. Under RCW 26.09.460(1), notice may be delayed for 21 days if the person seeking relocation is entering a domestic…”
— Wash. Rev. Code § 26.09.460(4) — 1 case
In re the Marriage of Chua, 149 Wash. App. 147 (Wash. Ct. App. 2009). “430, a person who intends to relocate a child must give notice to every person entitled to residential time or visitation except as provided in RCW 26.09.460. Under RCW 26.09.460(1), notice may be delayed for 21 days if the person seeking relocation is entering a domestic…”
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