Legal Question in Family Law in Washington
contempt ,review,modification
My parenting plan states that I have to go to dispute resolution prior to court. I have NO MONEY and can't afford this process. I have not seen my daughter in 8 weeks and talked to her approx 8 times in 6 months! I deparately need help! Is there a way I can skip this dispute resolution process? Also, My parenting plan is up for review by a gal. Once again, I cannot afford this. Is it possible to request casa instead? Should I file a motion for modification based on contempt or just try to get the review because our parenting plan was an interim plan?
1 Answer from Attorneys
Re: contempt ,review,modification
Dispute resolution is a lot cheaper than going to court. On the other hand, if the other parent is making it impossible for you to exercise your parenting plan, then there is no 'dispute' to be resolved, you can go straight to court. Disputes arise when one parent wants the child in sports and the other says "no his grades are suffering". That is not what you are describing.
It is very difficult to claim poverty as a reason to not follow the court-mandated process. If you can demonstrate that you are living on a disability income, perhaps, but otherwise, just pay and get it over with.
You can probably do a contempt action and then, if the behavior continues, and you get a second contempt within the next year, THEN you can ask as one of the remedies to have the child's placement switched.
But it isn't a modification yet.
But you cannot do this until you have complied with all the requirements of the interim plan. If you haen't yet, you will not be allowed to even request that it be modified.
Hope this helps. Elizabeth Powell
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