West Virginia Parental Relocation Notice (Page 3 of 5) in pdf

The following steps explain how to prepare a Notice of Relocation, serve that notice on the other

parent, and how to prepare for a hearing if the other parent challenges your relocation.

STEP 1.

FILL OUT THE NOTICE FORM

Read these instructions carefully, and write clearly when you fill out the forms. If the instructions

are not followed, or if the forms are not properly completed, your case may be harmed or delayed. It’s

best to read all of the instructions before you start filling out the forms. You may want to make a couple

of copies of the blank forms before you start filling them out. You can use these spare copies to practice

on, or use if you make an error.

1. The first form you will complete is the Civil Case Information Statement (SCA-FC-103).

Provide your current address and telephone number on the Civil Case Information Statement

and the address and telephone number of the other party. If you feel your safety and/or the

safety of your children are at risk if the other party is provided your address, you can request

the Affidavit for Withholding Identifying Information form (SCA-FC-140) from the Circuit

Clerk. Once you file the Affidavit for Withholding Identifying Information, the Circuit Clerk

will not release your address or telephone number to the other party.

2. The second form you will complete is the Notice of Relocation (SCA-FC-131). The

information at the top of page 1 is called the “case style.” The case style stays the same

throughout your case, so you can simply copy the case style information from one of the

orders or other documents in your case. As these instructions explain later, you will need the

other parent’s current address to serve your Notice of Relocation.

After you have completed the case style, write the other parent’s name after “NOTICE

TO:,” and write your name after “From.” Following the two paragraphs of bold type, there is

a space for the address of the Family Court to which the other parent can send a challenge to

your relocation. The court’s address may already be filled in on your form, if it isn’t, you

must fill in the information. You can obtain this information from the Family Court, or the

Circuit Clerk’s Office.

Most of the remaining items on the notice form are self-explanatory, but the following

paragraphs have some important information about some of the items.

Item 7. This is where you explain the purpose of your relocation. If necessary, review

the earlier explanation of proper purposes for relocating, because completing item 7 correctly

is very important. If item 7 doesn’t provide enough space for you to explain the purpose of

your relocation, use an additional sheet of paper, label it with your name, and “More

Information on Item 7,” and attach it to your notice form.

Item 8. In this item, you propose how the Parenting Plan should be changed to

accommodate your relocation. Review your Parenting Plan and think about how it will have

to change if you relocate, then explain those changes in item 8. If you need more room, use a

properly labeled additional sheet of paper.

SCA-FC-130: WV Parental Relocation Notice Instructions

Page 3 of 5

Review Date: 10/2015; Revision Date: 10/2015;

WVSCA Approved: 2/9/2016

West Virginia Parental Relocation Notice Page 3