In Re Marriage of Horner

93 P.3d 124
CourtWashington Supreme Court
DecidedJune 24, 2004
Docket73540-9
StatusPublished
Cited by136 cases

This text of 93 P.3d 124 (In Re Marriage of Horner) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Horner, 93 P.3d 124 (Wash. 2004).

Opinion

93 P.3d 124 (2004)
151 Wash.2d 884

In the Matter of the MARRIAGE OF Lynn I. HORNER, Petitioner, and
Joseph R. Horner, Respondent.

No. 73540-9.

Supreme Court of Washington, En Banc.

Argued January 13, 2004.
Decided June 24, 2004.

*126 Catherine Wright Smith, Edwards Sieh Smith & Goodfriend PS, Seattle, Tonya Kowalski, Battle Ground, for petitioner.

Suzan L. Clark, Vancouver, for respondent.

Jill Diane Bowman, Seattle, for Amicus Curiae (Northwest Women's Law Center and Wash. State Coalition Against Domestic Violence).

FAIRHURST, J.

In this child relocation case, the trial court denied relocation and the Court of Appeals affirmed, applying the abuse of discretion standard of review. We review this moot case because it presents issues of continuing and substantial public interest. We reverse the Court of Appeals because the trial court abused its discretion by denying relocation when neither its specific findings of fact nor its oral opinion indicate consideration and balancing of the 11 child relocation factors enumerated in RCW 26.09.520.

I. WASHINGTON'S CHILD RELOCATION ACT

The legislature enacted Washington's child relocation act, RCW 26.09.405-.560, in 2000 (hereinafter CRA). Laws of 2000, ch. 21, § 1. The CRA shifts the analysis away from only the best interests of the child to an analysis that focuses on both the child and the relocating person. RCW 26.09.520. The CRA creates a rebuttable presumption that relocation will be permitted. Id. To rebut this presumption, an objecting party must demonstrate "that the detrimental effect of the relocation outweighs the benefit of the change to the child and the relocating person, based upon the following [child relocation] factors." Id. The factors are not weighted or listed in any particular order. Id. The factors consider:

(1) The relative strength, nature, quality, extent of involvement, and stability of the child's relationship with each parent, siblings, and other significant persons in the child's life;
(2) Prior agreements of the parties;
(3) Whether 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;
(4) Whether either parent or a person entitled to residential time with the child is subject to limitations under RCW 26.09.191;[[1]]
(5) The reasons of each person for seeking or opposing the relocation and the good faith of each of the parties in requesting or opposing the relocation;
(6) The age, developmental stage, and needs of the child, and the likely impact the relocation or its prevention will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child;
(7) The quality of life, resources, and opportunities available to the child and to the relocating party in the current and proposed geographic locations;
(8) The availability of alternative arrangements to foster and continue the child's relationship with and access to the other parent;
(9) The alternatives to relocation and whether it is feasible and desirable for the other party to relocate also;
(10) The financial impact and logistics of the relocation or its prevention; and
(11) For a temporary order, the amount of time before a final decision can be made at trial.

Id.

A person who resides a majority of the time with a child initiates the relocation process by serving notice to all persons entitled to residential time or visitation with the child. RCW 26.09.430. Unless good cause is shown, the relocation is permitted if a person entitled to object does not file an objection *127 within 30 days of his receipt of the notice of the relocation. RCW 26.09.500(1).

II. FACTS

Less than six weeks after the parties' dissolution, petitioner notified respondent that she intended to relocate their daughter Natalie[2] to Edmonds, Washington, so petitioner could care for her ill parents who resided in Edmonds. Respondent timely filed an objection asserting four arguments that loosely correlate to 4 of the 11 child relocation factors. Petitioner responded with a declaration asserting the benefits of the relocation.

During the hearing on the petition to relocate, respondent asked the trial court whether he should address the child relocation factors.[3] The court did not respond and respondent did not discuss the factors. Similarly, the trial court did not discuss the child relocation factors in its oral ruling. The bulk of the ruling focused on the sibling relationship between Natalie and Kyle and the children's best interests in light of their split custody situation.

The trial court's order on objection to relocation/modification contained 14 findings of fact discussing the merits of the relocation. Findings 1 and 2 pertained to petitioner. Findings 3 though 11 focused on the sibling relationship between Natalie and Kyle and the children's best interests in light of their split custody situation. Findings 12 through 14 contained the court's ultimate conclusions and/or referenced important statutory language. Finding 12 stated "[t]he detrimental effects of the relocation outweigh the benefit of the change to the child and Petitioner." Clerk's Papers (CP) at 72. Finding 13 stated "[a]fter analysis of the factors for consideration outlined in RCW 26.09.520, the court has determined Respondent has rebutted the presumption that the relocation should be permitted." Id. Finding 14 stated "[f]or these reasons, Respondent's request for an order restraining Petitioner from changing the child Natalie's principle residence should be granted." Id. Accordingly, none of the findings specifically mentioned any of the child relocation factors, and the vast majority of the findings focused on the sibling relationship between Natalie and Kyle and the children's best interests in light of their split custody situation.

Petitioner filed a motion for reconsideration and a supplemental affidavit challenging many of the findings and reasserting the benefits of relocation. Respondent replied with a declaration refuting petitioner's challenges and assertions. The parties' submissions generally discussed the pros and cons of relocation, but failed to specifically mention RCW 26.09.520 and/or the child relocation factors.

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93 P.3d 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-horner-wash-2004.