Legal Question in Family Law in Washington

Re: US/ Canadian issues with children

You can effect changes to the parenting plan (or equivalent Canadian order) in Washington courts, if the children are resident here for over six months. The first thing you would need to do is register your parenting plan with the court in the county the children reside in (that is done at the clerk's office), and give the other parent (former spouse) notice so that he can ask for a hearing. After that if you want to modify the parenting plan you would need to document why you want to change the parenting plan. His refusal or extended period of failure to see the child (if through his fault) would be grounds for a modification. Modifying child support is subject to the Uniform Interstate Family Support Act which allows you to enforce the support order in Washington, but you would have to go to Canada to get it modified. As to terminating your former spouses parental relationship with the children, if he would consent you could do it relatively easily, if he does not consent it could be difficult, you would have to present clear, cogent, and convincing evidence that it is in the best interest of the children to terminate the relationship and that the parent has failed to perform parental duties under circumstances showing a substantial lack of regard for his or her parental obligations. You should seriously consider consulting with an attorney in the Bellingham area.

Re: US/ Canadian issues with children

I concur with Mr. Steuart, except to add that when a non custodial parent refuses to follow a parenting plan, they can be held in contempt for that. I agree that you would do best to consult with an attorney licensed in WA and BC and with a family law specialty practice.

Hope this helps. Elizabeth Powell