Legal Question in Family Law in Washington
My daughter went to visit her father last weekend. We are divorced, and the visitation was per our parenting plan. During that time, he became enraged believing (falsely) that she had head lice. He then proceeded, against her will, to pin her arms against her body by straddling her in a chair, and shave her entire head bald. Per our parenting agreement, any decisions regarding the care and welfare of my daughter are defaulted only to me. Additionally, my daughter has moderate bruising on one arm from the incident. Are there any legal reprocussions to his mistreatment of our daughter?
2 Answers from Attorneys
Your statement would indicate you have sole decision making authority on healthcare decisions. An emergency would support his taking immediate action, but I don't think that head lice is an emergency. If it was not an emergency, the his actions would be a violation of the parenting plan. The remedy is a motion to show cause re contempt. His actions may have been assault, the details would be necessary to make a determination, the remedy for that is to call the police or CPS (they will make a determination based on the totality of the circumstances as to whether this was abuse or assault). This goes to the legal consequences of the situation, what the relational consequences are, you will have to consider.
I would agree that a motion for contempt is the correct path to try and do something about the violation of the parenting plan. That said, I would want to know a lot more about the relationship between father and daughter before being able to intelligently advise you about what to do next. In other words, suppose you win a contempt motion, then what?
If it is a change in the parenting plan that you seek, then the real road you are going to be headed down is a petition to modify the parenting plan to fashion a new parenting plan that reduces the possibility of this sort of thing happening again.
The other thing I would want to know are factual details of what exactly happened between your daughter and her father, as well as his explanation of why he thought she had head lice. That said, I also agree that head lice are not an emergency, and thus his acting without you was improper. Still, facts give context to the situation and would influence how I would advise you to ultimately act.
So, the contempt motion is a preliminary step, but before you take it, I would advise you to have a plan of what you'll do next, regardless of what happens with the contempt motion.