Legal Question in Family Law in Washington

ADDRESS OF PARENT (any rights?)

I just gained custody of my children partly by catching her in contempt for keeping the children from me and not notifying me of her address. I was winning so she gave them up. However, she moved out of state and now I have to send them out of state to see her during her visitation, however, She only provided me with a temporary address, and will not provide me with new address, I sent certified mail to temp. address, with no avail. I asked her via email but she ignores the request. Do I have to send the children? Or will a judge understand, especially under the circumstances? Please summer is coming and she has kept them from me before. I notice that the parenting plan says that the parent the child primarily resides with has to give notice of relocation but it doesn't say anything about the other parent. Please tell me I have some rights. I don't mind sending them as long as I have some means of retrieval if necessary.


Asked on 4/23/09, 10:01 pm

1 Answer from Attorneys
Gary Preble Preble Law Firm, P.S.

Re: ADDRESS OF PARENT (any rights?)

I presume you got a court-ordered modification of the parenting plan. You should consider returning to court for clarification of the parenting plan or perhaps modification of the vacation and transportation terms. Specifically, that you are not obligated to send the children if she refuses to provide all contact information. The court has already seen evidence of her bad faith; make sure the court knows she is still using the kids as pawns in her game.

For example, if you think she will not return the kids, have the parenting plan require that she pay for the round trip tickets and that you reimburse her, say, within 5 days of the kids' return.

Investing in a private investigator as to her residence may prove fruitful.

Another caution is that you have the kids seen by their doctor and counselor just before the visit. That way you will reduce the risk that she might concoct some abuse scenario and keep the kids.

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Answered on 4/24/09, 12:23 am


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