IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE
I n the Matter of Marriage of VANESSA M. WEAVER,

Appellant, and RICHARD J. WEAVER,

Respondent. )

) ) ) ) ) ) ) ) ) ) No. 37790

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UNPUBLISHED OPINION

F EARING , J.

— Vanessa Weaver challenges the trial court’s order denying her request to relocate , with her young sons, to Hoquiam from Wenatchee. She contends that the trial court ignored the rebuttable presumption in favor of relocation and failed to consider her interest s in relocation. We disagree and affirm the trial court.
FACTS This appeal arises from the parentage by former husband and wife, Richard and Vanessa Weaver, of two sons, Dav id and Jesse. The boys’ names are pseudonyms. The dissolution decree ’s parenting plan awarded Vanessa primary placement of the two boys. FILED NOVEMBER 18 , 2021 In the Office of the Clerk of Court WA State Court of Appeals Division IIINo. 37790

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2 A year thereafter , Vanessa sought to move from Wenatchee to Hoquiam. We address the trial court’s denial of the request to relocate with the boys. In a parental relocation case, both court levels must review numerous factors, which, in turn, renders a flood of facts relevant. Thus, even published decisions involving this topic run long. Shrauner v. Olsen , 16 Wn. App. 2d 384, 402

- 03, 483 P.3d 815 (2020) ; In re Marriage of McNaught , 18 9 Wn. App. 545, 555, 359 P.3d 811 (2015) ; In re Marriage of Kim , 179 Wn. App. 232, 244, 317 P.3d 555 (2014) ; In re Marriage of Fahey , 164 Wn. App. 42, 58 , 262 P.3d 128 (2011)

. On April 25, 2017, Vanessa and Richard Weaver dissolved their seven

- year marri age. The couple ’s two sons, bor n respectively in 2010 and 2012, each h ave special needs. The older son , David , suffers allergies, asthma, and Li

- Fraumeni Syndrome (LFS), a paternal genetic syndrome predisposing him to cancer. The younger son , Jesse, has autism. Richard Weaver has lived in Wenatchee for fifteen years and the surrounding environs longer. Since 1996, Richard has owned Westgate Communications, LLC, which provides lifeline telephone Internet service for Upper Lake Chelan. Because of his j ob, relocation for Rich ard is not feasible. Vanessa Weaver is an art teacher. Vanessa holds a substitute teacher’s certificate that allows her to substitute teach at any grade level on any subject. She also has aNo. 37790

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3 professional teaching certificate with an endorsement to teach at the elementary level and to be an art specialist for grades K

- 12. At the time of their divorce, the parties entered an agreed parenting plan that grant ed Vanessa and Richard Weaver joint decision making. Pursuant to the plan, the boys lived primarily with Vanessa , and R ichard enjoyed the standard visitation schedule. The agreed marital dissolution decree awarded the Wenatchee family home to
Vanessa Weaver so that the boys would continue to reside in the home. The decree, how ever, r equired Vanessa to refinance the home, in her name alone, by February 28, 2018, or vacate the residence. In the event Vanessa failed to refinance the home, the Weavers would sell the home at an agree d price or a price established by the court. As of February 28, 2018, Vanessa Weaver remained unable to refinance the home.
Vanessa Weaver worked as an art teacher at Lincoln Elementary School in the Wenatchee School District. David , the older son , attended Lincoln Elementary

. Jesse attended a self

- contained classroom in another school . Vanessa advocated for him to attend Lincoln Elementary so that the brothers could attend the same school and she

wo uld be available to assist Jesse. In the spring of 2018, the school district notified Vanessa that her work would be reduced to half

- time from her current 0 .8 position

. As a result, Vanessa gave notice of her resignation effective at the end of the 2017

- 18 school year. V anessa believed she could not live on her remaining income

.No. 37790

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4 Vanessa Weaver appli ed for a full

- time art teacher position at Wenatchee H igh
S chool, but did not receive an offer. Vanessa ’s job opportunities grew scarcer as the months progressed into May 2018. She concluded that the western side of Washington State afforded more possibi lities. In February 2018, Richard Weaver learned from David that he and his mother might move. In June 2018, Vanessa Weaver spoke with Richard about the potential relocation , including possible visitation arrangements and arrangements for selling the fa mily home. Richard eventually objected to any move of the sons to W estern Washington.
We only review the trial court’s decision entered after a three

- day trial on Vanessa Weaver’s application for court permission to relocate with her two sons. Neverthe less, the case includes a long and germane procedure leading to the trial. On August 30, 2018, Richard Weaver filed an ex parte motion for a restraining order to prevent Vanessa from relocating

. Richard alleged that Vanessa, on August 29, 2018, told him that she planned to live in w estern Washington by September 10

. According to Rich ard , Vanessa reported that she would live in a fifth wheel trailer on her mother’s home property while she searched for a job and her mother cared for the children. Vanessa insisted s he needed to move in order to obtain a full

- time teaching position. The trial court granted Richard’s ex parte motion and entered an order which prohibite d Vanessa from relocating with the children, temporarily placed the boys withNo. 37790

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5 Richard, req uired the boys’ enrollment in Wenatchee schools, prohibited Vanessa from contact with the boys , and set a hearing date for September 10, 2018. On August 31, 2018 , Vanessa filed a notice of intent to relocate and a motion to terminate the restraining orde r . As part of the motion to terminate the restraining order, she asked that the children be enrolled in online school. In the notice of intent to relocate, Vanessa stated that she intended to buy property in w estern Washington and build a home with her s hare of the proceeds from the sale of the Wenatchee residence

. She intended to live in a trailer while the house was being built. Richard Weaver objected to the move and requested primary custody should Vanessa choose to move. Richard described Vanessa ’s plans to move as vague because the plans kept changing and she disclosed no firm date for the move. He highlighted that Jesse experienced autism , but Vanessa planned to enroll both boys i n a virtual school. On September 6, 2018, Vanessa Weaver moved for a temporary order permitting her to relocate with the children. Vanessa cited the legal presumption that a custodial parent should be permitted to relocate with a child. She accused Richard of alcoholism and emotional struggles

. On September 10, 20 18, the Chelan County Superior Court h eld a hearing only regarding Richard Weaver’s application for a rest raining order prohibiting the children’s

move . During the hearing, Vanessa testified that she planned to substitut e teach for a year so she could exp lore opportunities in the communit y to where she would move. SheNo. 37790

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6 explained that substitute teaching would allow her to network and review prospective jobs. Vanessa promoted the number and proximity of school districts in western Washington compared to We natchee, such that she enjoyed more job prospects on the west side of the State

. At the conclusion of the September 10 hearing, t he superior court precluded any move by the sons for the time being because of Vanessa’s lack of a concrete plan.
The cour t expressed concern about the boys living in a trailer. If Vanessa chose to continue to live in Wenatchee, the residential arrangement under the original parenting plan w ould be reinstated. The court suggested that , should Vanessa develop “a solid plan ,” the court would reconsider its decision on relocation after an evidentiary trial

. Report of Proceedings ( RP ) at 26

- 27

. On November 6, 2018, Vanessa Weaver filed a proposed modification to her motion for a temporary order allowing her to relocate. She declared that s he now had
concrete relocation plans. According to these plans, s he had enrolled the children in a Port Townsend elementary school , and she had arranged for after school childcare at the
YMCA. Vanessa had registered to become a substitute teacher in the Port Townsend school district. The family of three would live in a fifth wheel traile r in a mobile home park

. Vanessa asserted that Richard ’s hist ory of alcohol abuse, emotional and mental instability, and emotional abuse of her placed the children at risk for serious harm

.No. 37790

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7 Vanessa also requested appo intment of a guardian ad litem to investigate and report to the court about her potential relocation. On November 29, 2018, Richard filed a responsive declaration in which he denied

a ny alco hol abuse. He also denied threatening or verbally abusing Vanessa. Richard declared that he wished to follow plans recommended by the boys ’ respective teachers
for the sons. He enjoyed a large extended family in the Wenatchee area , who agreed to assist with childcare until he could hire a nanny. He agreed to the appointment of a guardian ad litem

. During a D ecember 3, 2018 hearing, Vanessa Weaver informed the superior court that her mother had recently suffered an accident and, because of injuries in the accident, planned to move with Vanessa and the boys to property on which they would build a home . The court asked Vanessa about her job stat us . Vanessa responded that she filed for substitute teacher work with Port Townsend school district and , once she lived in the town, the school would permit her to serve as a substitute. During the December 3 hearing, Richard Weaver complained again about the vagueness of Vanessa’s plans. Richard highlighted that Vanessa still lacked a job. He suggested that V anessa could not build a home herself as she had n ever completed remodeling projects in the Wenatchee family home. Richard agree d to permit Vanessa to continue to reside in the Wenatchee family home despite her lack of refinancing. He noted that Vanessa had failed to apply for jobs locally despite the availability ofNo. 37790

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8 employment and a lower cost of living in Wenatchee. Richard claimed that Vanessa had
not procured doctors or dentists for the boys in Port Townsend. The superior court denied Vanessa Weave r’s motion for a temporary order for relocation. The court noted that Vanessa still lacked housing and employment despite the special needs of the children. The c ourt appointed a guardian ad litem to determine the best interest of the children

. Seven m onths later and on July 16, 2019, Vanessa again moved for a temporary order allowing relocation with the children pending the permanent relocation trial. According to the motion, Vanessa had obtained full

- time employment as an art teacher in Hoquiam and h ad located schools in Hoquiam f or each son. Her employment removed the need for day care before and after school because the boys could b e with Vanessa during this time. Vanessa had obtained a rental home within 1.5 miles of work. She averred to the acc essibility of autism support agencies within ninety minutes and claimed the presence of twelve close family and f riends within two hours ’ distance

. On July 30, 2019, before any hearing on Vanessa Weaver’s new motion , g uardian

a d l item Ruth Esparza filed a report of her investigation. The report describe d visits, including surprise visits, to each parent’ s home and include d interviews with school personnel, medical providers , and the two boys. Esparza reported that Vanessa’s home appeared cluttered with pet hair scattered throughout

. Son David told Esparza that he enjoyed his mom’s home, however, he would prefer to live with his father.No. 37790

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9 Ruth Esparza also visited Richard’s apartment and found the residence organized and clean . During the visit, David i nformed Esparza that he had never seen his dad consuming alcohol. Esparza later conducted a surprise visit to Richard’s home and did not discover any signs of alcohol. Guardian ad litem Ruth Esparza met with three teachers from the boys’ school s . They reported that , while in the care of their mother, both boys accumulated nineteen tardies to school

. According to the teachers, the tardies discombobulated David ’ s school day. On the days that the boys appeared late, they looked disheveled. On one day, J esse wore his clothes backward. David reported to his teachers that he and his brother arrived late to school because of his mother’s late sleeping and his difficulty in preparing Jesse
for school. The teachers worried about the mother placing a responsi bility on David for preparing Jesse for school

. The school place d David on probation. The teachers reported to guardian ad litem Ruth Esparza that Vanessa often fails to timely retrieve the boys from school, while the father always waits outside the sch ool when the school ends for the day. Jesse’s teachers told Esparza that an online school setting would not permit Jesse to thrive because of a lack of opportunities to socialize. Also, Jesse needed routine. In the conclusion to her report, guardian ad litem Ruth Esparza recommend ed that Richard Weaver gain primary placement of the boys because of his consistency. Esparza suggested that the father be awarded the family home.No. 37790

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10 On August 2, 2019 , the superior court heard oral argument on Vanessa’s secon d request for a temporary order permitting her to relocate with the boys until the concluding trial. During the hearing, Vanessa explained that she would begin work in Hoquiam on August 22. Guardian a d l item Ruth Esparza addressed the court and expressed her opinion s that the boys should not relocate to Hoquiam and that the court should award Richard primary placement. After the August 2 hearing, t he superior court concluded that it , after an evidentiary trial, would unlikely approve relocation after co nsidering the factors listed in RCW 26.09.520. The co urt also concluded that Richard Weaver would likely rebut the presumption in favor of relocation. The superior court denied the temporary relocation and ordered that the 2017 parenting plan remain in p lace. If Vanessa chose to relocate, Richard would receive primary placement of the two young sons. On August 23, 2019, Richard filed a petition to modify the parenting plan and asked for primary pla cement of the children with him

. Richard claimed that Vanessa had moved to Hoquiam and left the children in the care of her mother in Wenatchee in violation of the order awarding him primary placement should Vanessa relocate. On September 5, 2019, Richard Weaver filed a motion for contempt . He averred that , under the parenting plan , Vanessa and he shared joint decision making on educational decisions and yet she had enrolled David in a different school

. He repeatedNo. 37790

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11 that, in violation of a court order, Vanessa left the boys with their grandmother in Wenatch ee while moving to Hoquiam. In response to Richard’s motion to modify the parenting plan and motion for contempt, Vanessa Weaver declared that she commuted to and from Wenatchee and Hoquiam so that the boys could remain in the family home without a needl ess transfer or exchange. Vanessa averred that she drove to Hoquiam on Monday morning for work and returned Tuesday afternoon. She returned to Hoquiam on Wednesday morning and returned to Wenatchee on Thursday or Friday depending on the requirements of w ork. Her mother stayed with the children while she was absent. On September 6, 2019, the superior court entertained argument on the motion for contempt. T he superior court ruled that Vanessa’s decision to commute between Hoquiam and Wenatchee would not serve as a basis for finding her in contempt. The

co urt, however, held Vanessa in contempt for withdrawing David from his elementary school without the consent of Richard. The co urt gave Vanessa forty eight hours to reenroll David in his former elementa ry school. Finally, the co urt re instructed Vanessa that , if she continued to work for the Hoquiam School District, the children must be placed with Richard . The co urt granted Vanessa two weeks to resign from employment with the Hoquiam School District

. V anessa continue d to work in Hoquiam and , in September 2019, the two boys went to live with Richard.No. 37790

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12 On October 28, 2019, the superior court heard argument regarding a temporary parenting plan. The co urt ruled that the parties should have joint decision making. The

co urt affirmed Richard Weaver as the primary care giver and grant ed Vanessa two weekends a month for visitation. On June 12, 2020, Vanessa Weaver moved to amend the temporary parenting plan to grant her sole decision making authority and pr imary placement of the children. Vanessa alleged that Richard had neglected the children, withheld the children from her, and refused to engage in jo int decision making. With her motion, Vanessa submitted a declaration in which she stated that she had tw ice seen bruising on Jesse , which discoloring appeared to be intentionally inflicted. On June 25, 2020, Vanessa filed a motion for contempt. On June 29, 2020, the superior court entertained arg ument regarding the motion for a n amendment to the temporary parenting plan

. The co urt noted that the relocation trial was schedule d to begin in five weeks. Therefore, the co urt denied the motion other than to award summer visitation to Vanessa. PROCEDURE Hearings on temporary motions ceased and a three

- day ben ch trial on Vanessa
Weaver ’s request for relocation and Richard’s petition to modify the parenting plan commenced on August 1 0 , 2020. B y that date, Vanessa had been employed with the Hoquiam School District for three weeks.No. 37790

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13 During the trial, Richard Wea ver emphasized Vanessa’s habit of tardiness and her failure to follow plans. Richard related that , in 2019, the entire family took a trip to the east coast fo r David ’ s annual appointment at the National Institute of Health (NIH)

. Vanessa, who stayed at a hotel across the street from the NIH , arrived late to the appointment. Vanessa also insisted on flying with the boys on a separate flight because Richard p urportedly caused conflict. Richard took a separate flight to Seattle and planned a connecting fli ght to Wenatchee. Before he boarded the plan e for Wenatchee, Vanessa called Richard a nd told him that she was stranded in Seattle and unable to rent a

car. Richard fo rewent his flight, rented a car, and drove the boys and Vanessa home, arriving at 3 a

. m. The trial court admitted as exhibits pictures of Richard’s new home , which photographs showed no sig ns of clutter. Richard averred t hat the family home was messy and cluttered when Vanessa lived therein. He did not explain why, if the home was muddled , h e did not tidy and clean the home rather than waiting for Vanessa to perform the t asks. During trial testimony, Richard Weaver denied Vanessa’s allegations that he physical ly abuse d the boys

. In response to an earlier allegation, he showed a photogra ph of one of the boys to a teacher and a physician assistant. The teacher concluded that the bruise likely resulted from a piece of playground equipment

. The physician assi stant,No. 37790

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14 with little concern, deemed the blemish on the boy a yeast infection. Even tually, the bruise or rash disappeared. Richard Weaver testified to a second occasion when Vanessa reported bruising on Jesse. Richard saw no bruising, but he took Jesse to an urgent care facility the same day as Vanessa’s complaint . On pulling into th e facility’s parking lot, he received a call from C hild P rotective S ervices (CPS) asking for his address so the agency could speak to him about alleged bruising. Richard told CPS that he and Jesse were at the care facility. The physician at the facility found no bruising on Jesse. During his testimony, Richard Weaver mentioned that, on t he day after the call from CPS , he met with a CPS investigator, the school counselor , and Jesse’s teacher. CPS informed Richard that it planned a month

- long investigati on into the suspected bruising. Richard showed the CPS investigator the picture he had received from Vanessa five or six months earlier

. Richard explained that the mark on Jesse resulted from either a bruise caused by playground equipment or a yeast infe ction. On the following day, the CPS investigator met with Richard and the two boys. The investigator thereafter closed the investigation

. According to Richard Weaver , son David is more relaxed and Jesse has improved in school since living with him. R ichard enrolled Jesse i n speech classes. Richard maintained frequent contact with his sons’ teachers. In the last annual individualized education plan meeting, Jesse’s teachers informed Richard that Jesse had improved inNo. 37790

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15 both speech and attention span . Jesse was gradually integrating into a regular classroom. During his testimony, Richard emphasized his large extended family and the activities he provided the boys, including visiting museums, hiking trails , and attending hockey
games. H e holds familiar ity with services available for his son in the Wenatchee area . Guardian Ad Litem Ruth Esparza testified at trial regarding the results of her investigation. Esparza repeated testimony from an earlier hearing and continued to recommend that both children liv e with Richard with visitation for Vanessa. During her testimony, Ruth Esparza questioned Vanessa Weaver’s insistence that
she take Jesse on the trips to Maryland for David ’ s examinations by NIH and, in turn, Vanessa’s persistence that she alone acc ompany David to the NIH facility, while Richard tend ed to Jesse. Richard suf fered from the same rare condition and should have accompanied David on his appointments. Esparza criticized Vanessa’s desire to enroll
Jesse in an online academy. According to Esparza, Jesse’s teachers wanted Jesse to attend school in person for needed socialization. Counsel for Richard Weaver questioned guardian ad litem Ruth Esparza: Q. Were you aware in September of 2019 that Ms. Weaver was hired full time in Hoquiam at that point? A. I think so, yes. I believe. Q. And were you aware that even though she was hired full time in Hoquiam and working over there, she left her children with her mother instead of Mr. Weaver when she was off working? A. I was not aware of that. Q. Assuming that to be the case, do you think that’s evidence of bad faith on the part of the mother here?No. 37790

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16

A. Yes.
RP at 365. Ruth Esparza testified that children with autism need stability and routine. Based

on reports of David ’ s preparing Je sse for school, Esparza envisioned chaotic morning s without an established routine if Vanessa recovered primary placement

. During her trial testimony, Vanessa Weaver testified to her care for her sons while she enjoyed primary placement

. She conceded th at s ituations arose when she could not arrive at the boys’ school s when classes ended. Vanessa denied that she ever directed David to assist Jesse in preparing for school.
Vanessa Weaver testified that she lived in a “little attic apartment” in Hoquiam that lowered her cost of living significantly

. RP at 511. Her teaching at t he Hoquiam school dist rict ended the need for child care as the boys could go to Vanessa’s school in the morning with her and then a school bus would transport them to their elemen tary school. She averred that she could not break her employment contract with the Hoquiam School District because she would gain a blemish on her professional reputation and encounter difficulty finding other teaching jobs.
On cross

- examination, Vaness a Weaver acknowledged that, as of 2018, she had no physician or dentists retained for the boys in western Washington. She answered that she had requested two pediatricians for referrals and not received any.No. 37790

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17 Vanessa Weaver declared, during her trial tes timony, that she bought property bet ween Graham and Eatonville approximately seventy miles from her current residence. She plan ned to build a home on the land. She w ould then need to find a new job, and, assuming the court allow ed the children to move wi th her to Hoquiam, the children

w ould move again on the completion of the home. At the conclusion of the trial, the superior court ruled from the bench and denied Vanessa Weaver permission to move with the children. We quote some of the oral ruling beca use of its assistance in resolving whether sufficient evidence supports the trial court’s findings and the court’s conclusions as to whether statutory factors favor or disfavor
relocation. The superior court first highlighted testimony from guardian ad l item Ruth Esparza: The guardian ad litem testified that she believed that Mr. Weaver was more stable than Mrs. Weaver and Ms. Weaver tended to be chaotic. The guardian ad litem said what I think everyone agrees with, that autistic children especially n eed routine and stability and that the father is stable and the mother is less stable. RP at 721 (emphasis added). During its oral ruling, the superior court observed that, accord ing to Ruth Esparza, the mother often failed to timely deliver and retriev e the boys from school, w hereas Richard performed like Swiss “clockwork.” RP at 721. The court considered the amountNo. 37790

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18 of tardies that David accrued when placed with Vanessa and the tardies resulting in David ’ s probation at school. After making these obs ervations, the s uperior court reviewed the eleven factors listed in the parental relocation statute. As to factor 1 , which includes the strength of the relationship between the children and the respective parents, the court commented that strength of the relationships is equal between the parents and both children. The court remarked as to consistency and stability :

And both parents are extremely involved in the children’s lives, and both parents are very aware of the children’s needs. And as I indicat ed, the children have a strong bond with not only both parents but with each other, as you would expect brothers to have and they do. And in terms of the stability of relationship with each parent, again, the Court feels that the father’s relationship wi th the children is strong. It’s very stable. It’s very steady. And the mother’s relationship, I think it could be classified in those terms as well, but that she is less consistent with them than the father is.
RP at 722. In its oral ruling, the supe rior court considered factor three, stating: Factor 3 is whether disrupting the contact between the child and the person seeking relocation would be more detrimental to the child than disrupting contact between the child and the person objecting to the re location. Given what I’ve already said and also how the children are doing currently, this court believes that the disruption to the children will be greater and more detrimental if the contact between them and their father is disrupted

. The father’s v ery stable and consistent. The children are enrolled in school in Wenatchee and would have to change schools if they’re forced to relocate with the mother. And Wenatchee is pretty much the only home that these children have ever known.No. 37790

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19 RP at 723 (emphas is added)

. As to f actor 4 , whether any parental misconduct limits placement and visitation, the superior court remarked:

There’s allegations in this case of alcohol abuse of the father and maybe some verbal abuse and some emotional abuse. The Court doe s not believe that those are supported by the evidence.
RP at 723

. Relevant to factor six, the age and needs of the boys, the superior court stated: The testimony is that [ David ] is ten years old, I believe, and he’s a very gifted student. And the Cour t believes that his educational needs have been and will continue to be met here in Wenatchee. And the Court believes that [Jesse’s] emotional needs are better met with him remaining here in Wenatchee as well with his father. [Jesse] is eight years old . . . . I think everyone’s on

— in agreement in terms of what autistic children need is routine and structure. And the Court believes although it would be possible for the mother to provide that at some point with the relocation, it’s unknown how long that would ta ke. The professionals around [Jesse] in this community know him. They’ve worked with him. They’re aware of what he needs to be successful. The testimony is that he’s thriving here. And the court is not convinced he would get the same care if h e moved because basically he would have to start all over again getting the connections and the professionals surrounding him in a new community. RP at 725. The superior court addressed f actor 7 , the improvement in the quality of life of the parents and children because of the relocation:

The court believes, frankly, that the mother’s quality of life will likely improve because she’ll be

— she’s working as a full

- time teacher. ButNo. 37790

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20 again, the opportunities and resources available to the children would not necessarily be better for the reasons I’ve already stated.
RP at 725

- 26. As to factor 8, the availability of alternative arrangements, the superior court remarked: There are no other arrangements available to foster and continue the objecting person’s relationship and contact with the children.
C lerk’s P apers (CP) at 124. The court added:

Unfortunately, the mother’s chose n to move five to seven hours away. That’s not really any

— if the Court allowed that to happen, basically the father would be reduc ed to seeing the children every other weekend and then maybe on Zoom, which is not substitute

— not an adequate substitute for seeing them face

- to

- face.
RP at 726. In its oral ruling the superior court stated with regard to factor 9, the desirability and f easibility of the other parent to relocate : [T]he father has a long time

— term business here in the Chelan County area, and it’s simply not feasible for him to relocate. It would be a lot easier for the mother to relocate than the father would.
RP at 72 6

. On September 2 3 , 2020, the superior court entered an order and written findings of fact . Because of their importance to the appeal, we quote the findings at length:

5. Factors for / against move with children

. . . The children . . . [ p ] reviously spe nt most of their time with the relocating pers on until September of 2019 when the court ordered that theNo. 37790

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21 children spend most of their time with the objecting party and based on the factors below the court concludes that the planned move would cause more ha rm to the children than good to the children a nd the person who wants to move. Factors: a. Relationships: The children’s relationships with each parent, any siblings, and other important people in the children’s life. . . . Both parties have a strong re lationship with the children but the parties p arenting styles are different. Both parents are involved with the needs of the children. The father has more stability than the mother when it comes to the care of the children. b. Agreements: Findings: Ther e . . . were not agreements between the relocat ing and objecting persons about moving with the children. c. Contact: Findings: Disrupting the children’s contact with the relocating person . . . would not be more harmful to them than disrupting their contac t with the objecting person. The children have lived in Wenatchee the majority of their lives and have all the care present for their physical, mental, and emotional well being and educational needs. Relocating the children would require that new contact s in all areas of the children’s development be located. d. limitations: Findings: The current parenting/custody order

. . . does not include limitations under RCW 26.09.191 on a parent. T h e court finds that there is no evidence of any alcohol abuse on t he part of the father. e. Reasons for moving: Findings: The reasons for moving

. . . were

. . . given in good faith. The financial need of the mother is better met at her present location and employment. f. Reasons for objecting: Findings: The reasons f or objecting to the move . . . were . . . given in good faith. The father did not object for personal selfish reasons but instead for the benefit of the children. g. Children: Findings: Allowing or preventing the move would affect the children’ s physical , educational, and emotional development, considering their age, developmental stage, and needs (including any special needs) as follows: If move i s allowed: As indicated in paragraph 3, a relocation would require the finding a nd hiring and retention of m edical doctors, specialists and other s pertain ing to the children and particularly the autism of the youngest child. The oldest child is a gifted child in advanced classes at his present school. Autistic children need routine and structure which isNo. 37790

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22 provi ded b y the father although the mother may have eventually been able to provide such for the youngest child. If mo ve is not allowed: The children’ s routine and structure are presently in the best interest of the children here in Wenatchee. The father is f ully capable of taking care of the children on a full

- time basis. The f ather meets all of the children’ s physical, educational and emotional development when placed with him. h

. Quality of life: The quality of life, resources, and opportunities available to the children and the relocating person i n the current location and in the new location. Findings: The mother’ s resources will increase presently residing on the west side of the state but there is no advantage regarding the quality of life and opport unities available t o the children where the mothe r resides. i. Other arrangements: Other arrangements available to foster an d continue the objecting person’ s relationship and cont a ct with the children. Findings: There are no other arrangements available t o foster an d continue the objecting person’ s relationship and contact with the children. j. Alternatives: Alternatives to the planned move, and whether it is possible or desirable for the objecting person to move too. Findings: There are no alternatives t o the planned move, and it is not desirable or pos sible for the obj ecting person to move given his self

employment for several years in the Wenatchee area. k. Financial: The financial impact and logistics of moving or not moving (for example, the timing, cost, and how the move would happen). Findings: As indicated in paragraph h , the mother has obtained full time employment where she currently resides. 6. Changes to parenting / custody order Change

— There are valid reasons to change the final parenting/cust ody order because:

. . . the court is not allowi ng the children to move and the person who asked to move with the children is moving without the c hildren. The new Parenting Plan or Residential Schedule changes the person with whom the children live most o f the time.
CP at 123

- 25 (boldface, underline, and italics omitted)

. In the written order, t he superior
court expressly declared that it had applied the presumption in favor of relocation , but that Richard had rebutted it.No. 37790

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23 LAW AND ANALYSIS Child Reloc ation On appeal, Vanessa Weaver challenges the superior court’s denial of her motion
for r elocation with her children. She particularly claims that the court failed to apply the requisite presumption in favor of relocation. We conclude that the trial c ourt recognized and applied the presumption and did not abuse its discretion in denying Vane ssa’s motion. In 2000, the Washington L egislature enacted the Washington c hild r elocation a ct (CRA), RCW 26.09.405

- .560

. The act imposes notice requirements and sets standards for relocating children who are the subject of court orders regarding reside ntial time. In re Custody of Osborne , 119 Wn. App. 133, 140, 79 P.3d 465 (2003). “Relocate” under the act means “a change in principal residence either permanentl y or for a protracted period of time.” RCW 26.09.410(2). A person “with whom [a] child resi des a majority of the time” must provide notice of an intended relocation to every person entitled to residential time with the child. RCW 26.09.430. If a person entitled to residential time objects, the person seeking to relocate the child may not do so without a court order. RCW 26.09.480(2). The CRA shifts the analysis away from only the best interests of the child to an analysis that focuses on both the ch ild and the relocating person. In re Marriage of
Horner , 151 Wn.2d 884, 887, 93 P.3d 124 (20 04). The relocating person must provideNo. 37790

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24 his or her reasons for relocating, and the court must operate under the presumption that the intended relocation will be p ermitted. Shrauner v. Olsen , 16 Wn. App. 2d 384, 402

- 03 (2020). This presumption accord s with the traditional princip le that “a fit parent acts
in his or her child ’ s best interests, including when that parent relocates the child.” In re Marriage of McNa ught , 189 Wn. App. 545, 55 3 (2015). To rebut the presumption, the party objecting to the relocation has the burden of demonstrating that “the detrimental effect of the relocation outweighs the benefit of the change to the child and the relocating person.” Shrauner v. Olsen , 16 Wn. App. 2d 384, 40 3 (2020). Two divisions of this court disagree as to how a parent qualifies for the presumption in favor of relocation. In In re Marriage of Fahey , 164 Wn. App. 42, 58 (2011), Division II held that only the par ent designated in the parenting plan as the custodi al parent benefits from the presumption. Our division, based on the language of RCW 26.09.430, ruled that “a person with whom the child resides a majority of the time ” garners the presumption

. In re Marr iage of Jackson & Clark , 4 Wn. App. 2d 212, 217,
42 1 P.3d 477 (2018). RCW 26.09.430 declares:

. . . [A] person with whom the child resides a majority of the time, or a person with substantially equal residential time, shall notify every other person enti tled to residential time or visitation with the child under a court order if the person intends to relocate. Richard Weaver asks this court to follow Marriage of Jackson & Clark

. Consistent with Richard’s request, w e question whether a parent should rece ive theNo. 37790

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25 presumption when the children have resided with the other parent for a majority of the time for at least the last year. Nevertheless, we decline to resolve this issue and, like the superior court, apply the relocation presumption. On an objectio n to the relocation, the superior court must conduct a fact

- finding hearing . The court has discretion to grant or deny a relocation only after considering all eleven relocation factors catalogued in RCW 26.09.520. In re Marriage of Horner , 151 Wn.2d 884, 894 (2004). RCW 26.09.520, the meat of the Washington c hild r elocation

a ct, declares: The person proposing to relocate with the child shall provide his or her reasons for the intended relocation. There is a rebuttable presumption that the intended reloc ation of the child will be permitted. A person entitl ed to object to the intended relocation of the child may rebut the presumption by demonstrating that the detrimental effect of the relocation outweighs the benefit of the change to the child and the rel ocating person, based upon the following factors. The factors listed in this section are not weighted. No inference is to be drawn from the order in which the following factors are listed: (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 seeking relocation 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; (5) The rea sons 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’sNo. 37790

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26 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. RCW 26.09.520 neither weigh s nor list s the relocation fac tors in any particular order. Shrauner v. Olsen , 16 Wn. App. 2d 384, 403 (2020). Presumably the superior court must grant the motion for relocation if all eleven factors favor a move in residence. Presumably the superior court must deny the motion if al l eleven factors disfavor relocation. No case discusses ho w to count or weigh the various factors when some favor and others disfavor relocation. After the hearing, the court has authority “to allow or not allow a person to relocate the child” based on a n overall consideration of the RCW 26.09.520 factors and the child’s best interests. RCW 26.09.420; In re Parentage of
R.F.R. , 122 Wn. App. 324, 32 9 , 93 P.3d 951 (2004); In re Marriage of Grigsby , 112 Wn. App. 1, 7

- 8, 57 P.3d 1166 (2002). This reviewing court reviews a trial court’s decision on relocation for an abuse of
discretion. In re Marriage of Horner , 151 Wn.2d 884, 89 3 (2004)

. An abuse of discretion occurs when a decision is manifestly unreasonable or based on untenableNo. 37790

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27 grounds or untenable rea sons. In re the Marriage of Katare , 175 Wn.2d 23, 35, 283 P.3d 546 (2012). This court review s challenged findings of fact for substantial evidence. In re Marriage of Fahey , 164 Wn. App. 42, 55 (2011). Substantial evidence exists if the record contains evidence of a sufficient quantity to persuade a fair

- minded, rational person of the truth of the declared premise. In re Marriage of Fahey , 164 Wn. App. at 55. This court does not substitute its judgment for that of the trial court or reweigh the eviden ce or the credibility of the witnesses. In re Marriage of Rich , 80 Wn. App. 252, 259, 907 P.2d 1234 (1996).
A superior court must enter specific findings on each statutory factor . When it fails, th e appellate court asks whether substantial evidence sup ports each factor and whether the superior court’s findings or oral opinion reflect that it considered each factor. In re Marriage of Horner , 151 Wn.2d 884, 896 (2004).
Vanessa Weaver contends that the superior court only applied a “best interests of
th e children” standard and , therefore, focused only on maintaining the status quo. She
argues that the emphasis should be on the requirement that the objecting parent show that relocation would be so detrimental as to outweigh the benefits to the children a nd the parent wishing to relocate. By disregarding the interests of the relocating parent, she argues that the superior court necessarily abused its discretion.No. 37790

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28 We conclude that the superior court considered each factor. T he court’s ruling does not dem onstrate an improper shift of the burden of proof to Vanessa Weaver or a fail ure to apply the presumption in favor of relocation. The evidence supported the court’s finding s , and, after reviewing the eleven statutory factors, the evidence and findings sup port denial of Vanessa’s application for relocation.
Factor 1: T

he relative strength, nature, quality, extent of involvement, and stability of the child’ s relationship with each parent
Vanessa Weaver contends that the superior court failed to expressly state whether the first factor weighed in favor of relocation . Nevertheless, according to Vanessa, the court’s findings and oral ruling demonstrate that the court concluded that Richard failed to overcome the presu mption in favor of relocation. Vanessa e mphasizes her role as primary caregiver for her ch ildren. She contends that she primarily assisted in their education. Richard Weaver responds that the trial court weighed the factor in Richard’s favor. He highlights that the trial court concluded th at Jesse needed routine and stability, which only Richard offered. Richard further underscores that both boys lived with him for one year before trial. He attended to the sons’ medical, social and emotional needs. The guardian ad litem testified that Ri chard appeared “very comfortable parenting these kids.” David expressed a preference for living with his father.No. 37790

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29 As to the strength of the relationship between the children and the parents, the superior court weighed this as equal between the parents. Based on this finding, Vanessa Weaver contends that the factor favors her. In so arguing, she posits that her case echoes the decision in Shrauner v. Olsen , 16 Wn. App. 2d 384 (2020) . In Shrauner , the superior court found that both parents had a strong r elationship with their child, but conclude d that the child’s relationship w ith the mother, Shelby Shrauner, was less stable. The trial court added that Schauner’s employment history, her lifestyle, the quantity of her romantic relationships , and her movin g before the court approved relocation demonstrated her instability. On appeal, Shelby S hrauner argued that the superior court improperly focused on the stability of the parents in their personal lives rather than on her relationship with her son. This c ourt agreed that no facts supported that S hrauner’s employment, romantic attachments , or lifestyle had affected her relationship with her son, and , therefore, the superior court’s findings lacked relevance.
We distinguish Shrauner v. Olsen . Unlike the s uperior court in Shrauner , the
Weaver s’ trial court considered Richard ’s stability and Vanessa’s instability, not in terms of lifestyle or romantic relationships, but in the context of the ir respective relationship s with the boys and in the context of prov iding care for the children. The child of the former couple, in Shrauner v. Olsen , lacked any special needs. The C ourt of A ppeals in Shrauner disliked the trial court’s value judgments about Shrauner wishing to live an alternative lifestyle off the grid.No. 37790

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30 We disagree that the superior court determined factor (1) to favor Vanessa
Weaver. Admittedly, the superior court compared as equal the respective strengths of Richard’s and Vanessa’s relationships with the two sons. Nevertheless, factor (1) lists oth er dynamics in the parent

- child relationship for consideration. Those other components include the nature, quality, extent of involvement, and stability of the child’s relationship to the parent. The “nature” of the relationship would encompass numerous qualities and elements. In finding 5(a), the superior court wrote that the father presents more stability. In its oral ruling, the court relied heavily on the opinions of guardian ad litem Ruth Esparza, and the court began its ruling by highlighting tes timony from Esparza. Both David and Jesse possess special needs and demand stability and consistency. Although factor 1 only expressly mentions the stability of the child’s relationship with the parent, the parent’s contribution to the child’s stability falls under the nature and quality of the parent

- child relationship. Richard exceeds Vanessa in other parenting skills such as house maintenance. Although the superior court discounted the clutter and filth in Vanessa’s home, this reviewing court can co nsider those underlying facts, along with the finding of stability, when affirming the superior court ’s conclusion that factor 1 supports denial of relocation.No. 37790

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31 Factor 2 : P rior agreements RCW 26.09.520(2) requires the superior court to consider any prior agreements between the parties. The superior court determined that no prior agreements existed between the parties. The court stated that “Factor 2 is not really a consideration for the Court.” RP at 722. Vanessa Weaver characterizes factor 2 as neutral and that any neutral factor operates in favor of relocation. Richard Weaver argues that factor number 2 does not apply and thus the factor neither supports nor undermines relocation.
B ecause the statute weighs in favor of relocation, a factor w hich does not operate to rebut the presumption generally favors relocation. Shrauner v. Olsen , 16 Wn. App. 2d 384, 407 (2020). In Shrauner v. Olsen , the superior court considered the first factor under former RCW 26.09.520 (2000) and determined that both parents had a stable relationship with their child and , therefore, the factor was neutral. On appeal, this court stated that a neutral factor ha s the effect of favoring the presumption. Nevertheless, this court noted that factor 2 , prior agreements, and factor 11, temporary orders, “do not apply and are not at issue in this case.” Shrauner v. Olsen , 16 Wn. App. 2d 384, 405 n.2 (2020). The court did not weigh either factor in favor of relocation. An earlier agreement or temporary order bears relevance , if at all, to a motion to relocate because the court needs to decide whether to enforce the agreement and the impact on the proceeding of the earlier order . The two factors lack germaneness to theNo. 37790

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32 best interests of the child and the child’s relationship s with the respective parents. Therefore, we agree with Richard Weaver that the lack of a prior agreement, as a n inapplicable factor, does not support relocation.
Factor 3 : W

hether disrupting contact between the child and the p erson seeking relocation would be more detrimental to the child than d isrupting contact between the child and the per son objecting to the relocation
Vanessa Weaver contends that the superior court improperly shifted the focus of factor 3 from the detriment of disruption of conta ct between the boys and the respective parents to that of harm resulting from the disrupt ion of contact between the boys and the city of Wenatchee. She contends that the superior court relied on circumstances that arise
any time a child moves such as the need to procure new health care providers

. She complains that the court also failed to consider her role as primary caregiver for the children up to September 2019. Richard responds that the superior court considered the disruption to the relationship of each parent and, in doing so, considered the fact that the boys had spent the past year with Richard in Wenatchee and appeared to be doing well.
In both its oral ruling and finding of fact 5(c), the superior court expressed concern about any relocation disrupting the children’s connection to their school and health care providers. T he court added that the boys will suffer more by the disruption of their contact with their father than their mother. Ample evidence support ed the finding.No. 37790

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33 Therefore, we ag ree with the superior court that this important factor supports denial of relocation. We might express concern about the superior court inverting the presumption in another case whe rei n the court emphasizes a child’s tie to his present community. This

a ppeal is not any case, however. Jesse ’s makeup lies within the autism spectrum.
A utistic persons suffer from major changes and moves

. Factor 4 : Limitations on the parties
Vanessa Weaver contends that factor four is neutral as the superior court reject ed her concerns regarding Richard’s e xcessive alcohol consumption, and , therefore, the factor weighs in favor of relocation

. Richard disputes the neutrality of the factor . He
argues that the superior court’s rejection of Vanessa’s dishonorable accusation s of alcoho l abuse demonstrate that the factor should weigh against relocation. RCW 26.09.520(4) asks the superior court to consider whether either parent or a person entitled to residential time with the child is subject to limitations under RCW 26.09.1 91. The latter statute limits a parent’s residential time if the parent has been convicted of certain sexual crimes or has engaged in willful abandonment; physical, sexual, or a pattern of emotional abuse of a child; or a history of domestic violence.
A lthough we do not condone falsely accusing another of alcoholism, we agree with Vanessa Weaver. RCW 26.09.191 does not list fabricated accusations as a reasonNo. 37790

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34 for limiting a parent’s time with a child. Neither party engaged in conduct that could impose l imitations on visitation. The factor is neutral and thereby favors relocation.
Factor 5 : R easons for seeking or opposing relocation and good faith of each party The parties agree that factor 5 is neutral. This factor, therefore, weighs in favor of

r elocation.
Factor 6 : T

he 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, a nd emotional development, taking into consideration any special needs of the child
Vanessa Weaver argues that , with respect to factor 6 , the superior court improperly shifted the burden of proof to her to convince the court that the children would obtain the same level of care in the Hoquiam area should they move. In turn,
Vaness a further argues that Richard must prove that the children’s needs would not be served in the Hoquiam area should they relocate. Finally, s he contends that the superior court again relied on facts inherent in any relocation

. Richard Weaver responds that he bore the burden to provide some evidence on each factor and to show the superior court on a more likely than not basis that the factors disfavor relocation. He adds that he cannot be expected to definitively prove a negative , such as the Hoquiam area could not satisfy the boys’ care. Richard argues that the burden of showing a negative shifted to Vanessa.No. 37790

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35 A burden of production and persuasion may shift depending on which party forward s t he affirmative allegation or possesses peculiar means of knowle dge. Alaska Department of Environmental Conservation v. E nvironmental P rotection A ct
. , 540 U.S. 461, 494 n.17, 124 S. Ct. 983, 157 L. Ed. 2d 967 (2004) ; Nayab v. Capital One Bank (USA), N.A. , 942 F.3d 480, 494 (9th Cir. 2019)

. For this reason, when a par ty has ready access to evidence that the other party does not, the burden of establishing a negative will be shifted. Nayab v. Capital One Bank (USA), N.A. , 942 F.3d at 494. When the subject

matter of a negative averment l ies peculiarly within the knowle dge of the other party, the averment is taken as true unless disproved by that party. United States v. Denver & Rio Grande R.R. Co. , 191 U.S. 84, 92 , 24 S. Ct. 33, 48 L. Ed. 106 (1903); Nayab v. Capital One Bank (USA), N

.A. , 942 F.3d at 494

. The superio r court entered finding of fact 5(g) , which stated that relocation of the children would impact the children’s physical, educational , and emotional development. Ample evidence confirms this finding. David was ten years old and Jesse eight years old at t he time of trial. Richard and Vanessa Weaver’s superior court commented that David is a gifted student, whose educational needs are met in Wenatchee. Jesse, being autistic, needs emotional stability, routine, and structure. The superior court found that Vanessa could not at this time provide those needs for Jesse. Richard was fulfilling the needs. Jesse had visited many professionals in the Wenatchee area, who already knew of Jesse’s needs. Jesse isNo. 37790

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36 currently thriving, despite his disability. The sup erior court commented that Jesse would need to start over with other professionals if he relocated. Factor 6 supports denial of relocation.
Factor 7 : The quality of life, resources, and opportunities available to the child and to the relocating party in the curren t and proposed geographic areas
Vane ssa Weaver argues that the superior court, once again, i mproperly shifted the burden to her to show the advantages to her and the children by moving

. She argues that Richard presented no evidence that a lack of resources and opportunities existed in the Hoquiam area. Vanessa argues that the superior court’s finding that “no advantage” existed as a result of relocation ignored the fact that she had childcare and school transportation available in Hoquiam, but not Wenatchee. The court need not have believed this testimony.
Vanessa Weaver argues that a court can conclude that, when a parent obtains better opportunities, the benefits extend to the child and their quality of life is likewise improved. She cite s Shrauner v. Olsen , 16 Wn. App. 2d 384, 412 (2020) for this proposition. We do not find such a proposition on any page within Shrauner v. Olsen

. Nevertheless, we agree that in many circumstances the increase in opportunity for the parent will benefit t h e child. But benefit to the child will not always be true.
Factor 7 covers only the relocating parent’s current and proposed circumstances, with no counterbalanced consideration of th e other parent’s circumstances. Bergerson v.No. 37790

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37 Zurbano , 6 Wn. App. 2d 9 12, 922, 432 P.3d 850 (2018). The superior court, during its oral ruling , found that Vanessa Weaver’s quality of life will increase by a move to Hoquiam, but the quality of life for the boys will not improve. In so finding, the superior court relied on f

actors previously discussed. The court confirmed the oral findings in written finding of fact 5(h)

. The superior court could have reasonably concluded, based on ample evidence, that a move to Hoquiam would not improve the quality of life for David and J esse and would probably decrease their quality of life. Vanessa Weaver sat in the best position to present evidence of opportunities for the boys in the Hoquiam area. As far as service s for Jesse, her testimony confirmed a lack of autism services for him in Hoquiam. The boys already had a network of family and friends and established medical and educational resources available in Wenatchee

. Factor 8 : T

he availability of alternative arrangements to foster and continue the child’s relationship with and a ccess to the other parent
Vanessa Weaver argues that the trial court erred in determining that no alternative arrangements existed that would permit Richard to continue his relationship with the boys should she and the boys relocate. Richard responds th at , although alternative arrangements would have permitted the continuation of some relationship, the trial court did not err in ruling in his favor on factor 8 since any remote participation would haveNo. 37790

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38 been insufficient given the fact that Richard had pri mary custody of the boys at the time of trial. The superior court must not interpret factor 8 as a requirement for the parties to maintain, in effect, the same residential schedule or quantity of residential time as under the prior arrangements. Shrauner v. Olsen , 16 Wn. App. 2d 384, 417 (2020). Still, factor 8 assumes some continuity in the relationship with both parents, despite the move. The boys’ relationship with their father, at the time of trial, entailed the father successfully fulfilling the ro le of primary ca re giver. If Vanessa Weaver continued to live in Wenatchee, both parents could have spent considerable time with both boys. Her move to Hoquiam with the two boys would end the current relationship with the father and significantly interfe re in Richard’s access t o the sons. The distance between the two cities is 239 miles and, assuming light traffic, the trip takes more than four hours. A move by the boys with Vanessa would significantly change Richard’s relationship with his boys. Ample evidence suppor ted a finding that factor 8 disfavor ed relocation.
Factor 9 : T

he alternatives to relocation and whether it is feasible and desirable for the other party to relocate
I n its oral ruling, the superior court observed Richard Weaver’s operat ion of a business in Chelan for many years and thus the lack of desirability of his moving to Hoquiam. The court, in finding of fact 5(j) , found a lack of alternatives to the plannedNo. 37790

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39 move and the impossibility of Richard moving from Wenatchee because of h is self

employment. Vanessa Weaver interprets the finding of a lack of alternative s to impliedly mean that she lacked any alternative but to move to Hoquiam. Nevertheless, Vanessa had already moved and presented no alternatives to the court. We hold th at sufficient evidence supports finding of fact 5(j). This factors weighs against relocation.
Factor 1 0 : The financial impact and logistics of the relocation or its prevention The parties agree that this fact or weighed in favor of relocation and that sufficient evidence supported the trial court’s finding of fact 5(k) that Vanessa “has obtained full time employment where she currently resides.” CP at 12 5

. Factor 11 only concerns temporary orders. Aggregation of Factors In sum, the superior court con sidered all eleven statutory factors. The superior court ruled against relocation after determining that Richard had rebutted the presumption favoring relocation because the detrimental effect to the move outweighs any benefit of relocation. Although the superior court stated in its oral ruling that denial of relocation would serve the best interests of the children, the court did not solely rest its decision on the children’s interests. The court weighed all factors, including Vanessa Weaver’sNo. 37790

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40 interest in relocating with her boys . M ost of the factors favored denying Vanessa’s application for relocation. Attorney Fees Both parties request attorney fees. Vanessa Weaver requests fees pursuant to RCW 26.09.140 and RAP 18.1(a) . Richard requests fees und er RCW 26.09.140 on the basis of alleged intransigence on the part of Vanessa. Richard also requests fees under RAP 18.9(a) for Vanessa’s alleged filing of a meritless appeal. RCW 26.09.140 permits this reviewing court to exercise its discretion and “ or der a party to pay for the cost to the other party of maintaining the appeal and attorneys’ fees in addition to statutory costs

. ” This court has stated that “ [i] n exercising our disc retion, we consider the issues’ arguable merit on appeal and the parties’ financial resources, balancing the financial need of the requesting party against the othe r party’ s ability to
pay .” In re Marriage of Kim , 179 Wn. App. 232, 256 (2014)

. RAP 18.9(a) provides: The appellate court on its own initiative or on motion of a party may order a party or counsel, or a court reporter or authorized transcriptionist preparing a verbatim report of proceedings, who uses these rules for the purpose of delay, files a frivolous appeal, or fails to comply with these rules to pay terms or compensatory damages to any other party who has been harmed by the delay or the failure to comply or to pay sanctions to the court. An appeal is frivolous if the appellant presents no debatable issues a nd the appeal has no chance of success. Kinney v . Cook , 150 Wn. App. 187, 195, 208 P.3d 1 (2009).No. 37790

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41 We deny each party’s request for fees. Neither party can afford to pay attorney fees, let alone the other party’s fees. We do not deem Vanessa Weaver’s appeal to be frivolous, nor do we conclude she eng aged in in transigence . She forwarded many valid arguments, despite failing to convince us to reverse. Both parties have filed motions and affidavits, with this court, in support of and in opposition to requests for reasonable attorney fees and costs. Because of our denial of both requests, we do not address the motions.
CONCLUSION We affirm the trial court’s ruling that denied Vanessa Weaver’s motion for relocation with the two children. We deny each side an award of reasonable attorney fees and cos ts. A majority of the panel has determined this opinion will not be printed in the Washington Appellate Reports, but it will be filed for public record pursuant to RCW
2.06.040.

_________________________________ Fearing, J.
WE CONCUR:

______________________________ _________________________________ Pennell, C.J. Staab, J.