Legal Question in Family Law in Washington

Communication

My brother and his wife divorced last year in Washington with my brother being granted sole custody of my niece granted by his ex. My brother is active duty Navy and therefore sent my niece down to Texas to live with my wife and myself. My wife and I had allowed my brother's ex to call our home at any time. After seeing that the phone calls were making our niece depressed and not her regular self we abruptly ended the calls. Now, my brother's ex is threatening my brother with a mediator and saying that it is Washington law that she keep regular contact with her child although I did not find that anywhere in the divorce decree. Is there any information that I should have before I go any further?


Asked on 12/28/06, 9:48 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Communication

Sole custody is a rare resolution under Washington law. If you are looking in the Decree for information on parenting, you will find nothing except there should be a space to say that a parenting plan was entered by the court on a certain date. The decree is controlling. You can't threaten anybody with a mediator. It is quite simply not the function or authority of a mediator. If mediation is required under the parenting plan then the mother is merely invoking her rights under the parenting plan and Washington law.

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Answered on 12/28/06, 10:57 pm


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