Arynn Hauk, Appellant/Cross-Respondent v. Brandon Wuesthoff, Respondent/Cross-Appellant

CourtCourt of Appeals of Washington
DecidedMarch 18, 2025
Docket59057-3
StatusPublished

This text of Arynn Hauk, Appellant/Cross-Respondent v. Brandon Wuesthoff, Respondent/Cross-Appellant (Arynn Hauk, Appellant/Cross-Respondent v. Brandon Wuesthoff, Respondent/Cross-Appellant) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arynn Hauk, Appellant/Cross-Respondent v. Brandon Wuesthoff, Respondent/Cross-Appellant, (Wash. Ct. App. 2025).

Opinion

Filed Washington State Court of Appeals Division Two

March 18, 2025

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION II In the Matter of the Marriage of: No. 59057-3-II

ARYNN KYLA HAUK,

Appellant,

and

BRANDON JEFFREY WUESTHOFF, PUBLISHED OPINION

Respondent.

LEE, J. — Arynn K. Hauk appeals from the trial court’s denial of her motion to relocate

with her child, arguing the trial court misinterpreted RCW 26.09.525(2)(b) and, therefore,

miscalculated the child’s residential time with each parent. Because a plain language reading of

RCW 26.09.525(2)(b) supports the trial court’s method of calculating residential time, we hold

that the trial court did not abuse its discretion when it denied Hauk’s motion to relocate. Therefore,

we affirm.

FACTS

A. HAUK AND WUESTHOFF’S MARRIAGE AND DIVORCE

Hauk and her former husband, Brandon J. Wuesthoff, were married in July 2016. During

their marriage, Hauk and Wuesthoff had one child, T.1 Hauk and Wuesthoff’s marriage was

dissolved in June 2020, when T was two years old.

1 We use an initial to protect the child’s privacy interests. No. 59057-3-II

On July 10, the trial court entered a permanent parenting plan for T. Under the parenting

plan, Hauk was the primary residential parent and Wuesthoff was put on a graduated residential

schedule with T. Beginning June 17, 2020, Wuesthoff had residential time with T three out of

every fourteen overnights. After three months, Wuesthoff’s residential time with T increased to

four out of every fourteen overnights. When T turned three years old, Wuesthoff would have

residential time with T six out of every fourteen overnights. Finally, once T started kindergarten,

Hauk and Wuesthoff would equally split residential time with T (a 50-50 split).

B. HAUK’S MOTION TO RELOCATE

On April 20, 2022, Hauk filed a “Notice of Intent to Move with Children (Relocation).”

Clerk’s Papers (CP) at 1. In the notice, Hauk explained that she planned to move to Virginia with

her fiancée because her fiancée had family and other children in that state, the cost of living would

be lower in Virginia, the job opportunities for the couple would be better in Virginia, and housing

was more affordable in Virginia. Hauk also included in the notice a proposed parenting plan under

which T would reside with Hauk the majority of the year and spend summers and select holidays

with Wuesthoff.

On May 18, Wuesthoff filed an “Objection about Moving with Children and Petition about

Changing a Parenting/Custody Order (Relocation).” CP at 19. Wuesthoff argued that the move

would not be in T’s best interest considering T’s strong family ties in Washington, the stability of

T’s current residential schedule, and Hauk’s allegedly bad faith reasons for relocating.

The trial court prohibited Hauk from relocating to Virginia while the trial was pending.

The trial court also appointed a guardian ad litem (GAL) to investigate “[a]ll issues related to

making a parenting plan for” T. CP at 71. The GAL’s report recommended that relocation be

2 No. 59057-3-II

denied and that Hauk and Wuesthoff follow a 50-50 parenting schedule. While trial was pending,

Hauk filed an “Amended Response to Objection about Moving with Children and Petition about

Changing a Parenting/Custody Order (Relocation),” arguing that she and Wuesthoff did not have

substantially equal residential time because under the then-current phase of the 2020 parenting

plan, T resided with Wuesthoff less than 45 percent of the time. CP at 214.

C. TRIAL COURT DENIED HAUK’S MOTION TO RELOCATE

The parties proceeded to trial on May 2, 2023. An issue at trial was whether Hauk was

entitled to the rebuttable presumption in favor of relocation or whether the presumption was

inapplicable because she and Wuesthoff had substantially equal residential time with T. Hauk and

Wuesthoff both presented evidence and arguments in support of and against relocation,

respectively.

The trial court issued its oral ruling on May 12. The trial court explained that it had

calculated Wuesthoff’s residential time as 46.9 percent,2 meaning Hauk and Wuesthoff had

substantially equal residential time and Hauk was not entitled to the rebuttable presumption in

favor of relocation. The trial court then found that of the applicable statutory factors governing

relocation decisions, two favored relocation, two disfavored relocation, and the remaining factors

were either neutral or inapplicable. Thus, the trial court concluded that relocating T was not in T’s

best interest and denied Hauk’s motion to relocate.

2 Hauk appears to concede this calculation is factually correct on appeal: “This issue does not present a question of fact . . . . The appeal is not about whether [the trial court’s method of calculating residential time] is factually correct. Rather, the only question is whether this is a proper legal approach under the Child Relocation Act.” Reply Br. of Appellant at 2 (emphasis in original).

3 No. 59057-3-II

The trial court entered written findings of fact and conclusions of law on February 16,

2024. The written findings and conclusions were consistent with the trial court’s oral ruling.

Relevant here, the trial court made written findings regarding how it calculated each parent’s

residential time and whether the rebuttable presumption in favor of relocation applied:

11. Other findings

Per the oral ruling of the court on May 12, 2023, the court makes the following findings:

a. The court first considered RCW 26.09.525 in order to determine whether or not Ms. Hauk, the mother, is entitled to a presumption that she should be able to relocate the child to Lynchburg, Virginia.

b. The court looked at the 2020 Parenting Plan and did a computation of overnights based on the totality of the plan, what the court refers to as the “four corners of the plan” which is defined to mean from the date the Parenting Plan was entered until the date it ends when the child reaches majority.

c. In doing so, the plan on its face in the math of the court, over the course of the entirety of the plan until the child turns 18, the child will spend 46.9% of time with Mr. Wuesthoff.

d. Based on the math described immediately above, by definition the 2020 Parenting Plan provides substantially equal residential time between the parents, that definition being a Parenting Plan that provides Mr. Wuesthoff more than 45% of the parenting time.

e. As such, on its face, the 2020 Parenting Plan is a substantially equal parenting plan . . . .

f. Factually, at time of trial, the parties are not yet into Phase 4 of the 2020 Parenting Plan, and Phase 4 of that plan is a 50/50 plan which is to begin in August of 2023 and will presumably run until the child turns 18.

g. Based on the immediate above, for approximately 13 years of the plan on its face, it would be shared, equal residential time.

....

4 No. 59057-3-II

12. Decision

Move with children not allowed—The child must not move with Arynn Kyla Hauk.

CP at 417-21.

Hauk appeals.3

ANALYSIS

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Arynn Hauk, Appellant/Cross-Respondent v. Brandon Wuesthoff, Respondent/Cross-Appellant, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arynn-hauk-appellantcross-respondent-v-brandon-wuesthoff-washctapp-2025.