Legal Question in Family Law in Washington

Re: 4th degree assault

Unless there are restrictions in the parenting plan about where he can take the children for visits on his periods of residence your daughter can't refuse without consequence. Taking them away and not returning them to the other parent would be contempt (violation of the parenting plan, which is a court order), and if it was willful and for the purpose of concealing them from the other parent it could become Custodial Interference or Parental Kidnapping. Courts and law enforcement agencies all across the United States and most of the "civilized world" will assist in enforcing the Washington court orders. Washington courts have continuing jurisdiction over the parenting plan for 6 months. Your daughter's failure to comply with the parenting plan could put her in contempt. So unless she has a well founded fear of his abducting the children she should let them go with their father to Ohio for a visit with his family. If she has a well founded fear she should consider contacting CPS and contacting an attorney to discuss filing a petition to modify the parenting plan and an ex parte order for protection.

Re: 4th degree assault

With all due respect to Mr. Steuart, I don't see you mentioning an existing parenting plan in this question. A no-contact order can function as a de facto parenting plan, but it isn't good enough.

If there is no plan, then there are no rules regarding who can take them where and for how long and under what circumstances. If he wants to take them out of State, your daughter should file a petition to establish a parenting plan and enter an order of child support, or, if they were married, a petition for dissolution. It should be filed and served and contain a provision about the out of state travel, when it is OK and when it becomes kidnapping.

If there are DV issues arising out of your daughter's household and she is found to have committed DV, she may not get custody.

I certainly hope she has a good criminal defense attorney helping her. If the charges are bogus, they should be dismissed. If she's found guilty, that is a whole separate problem.

Your daugher needs a lawyer - now. Before she allows the kids to go with him out of state. And you should not be carrying messages back and forth, she can be charged with violation of the no contact order for sending messages through third parties.

Elizabeth Powell