Legal Question in Family Law in Washington

Re: Dispute resolution and domestic violence

Sounds like you may need to appeal. Have your attorney look at this case: In re Marriage of Christel and Blanchard, 101 Wash.App. 13, 22-25, 1 P.3d 600 (2001). Here are a few quotes:

"Teena argues that Judge Cody's August 29, 1997, order was not a clarification, but a modification of the dispute resolution and residential location provisions of the parenting plan. A permanent parenting plan may be changed in three ways: by agreement, by petition to modify, and by temporary order. No agreed change existed in this case. No petition to modify was pending. We need to determine if the challenged orders are temporary orders within the court's authority, are merely clarifications of the existing plan, or are impermissible modifications."

"The parties' motions before the court were motions to enforce the decree, to enjoin the mother from moving, to temporarily reverse the residential schedule pending the conclusion of dispute resolution, to allow Teena to move and to allow Teena to change Chase's school enrollment. No motion to clarify the dispute resolution process was pending. No motion to modify the dispute resolution process was pending. The court may well have viewed its new provisions for dispute resolution as a solution to the underlying conflict between the parties. However, no party sought a change or clarification of the dispute resolution process."

"[The court's] language goes beyond explaining the provisions of the existing parenting plan. The language goes beyond filling in procedural details. The order on its face imposes new limits on the rights of the parents. It is not a clarification of the existing parenting plan. In addition, the language is clearly intended to apply into the future. It has all of the characteristics of a permanent change rather than a temporary order. The language used by the court amounts to a modification of the parenting plan. No action for modification was pending. The court abused its discretion with respect to the dispute resolution provisions contained in the order."

Re: Dispute resolution and domestic violence

I agree with Mr. Preble.

Also, if you are not comfortable with the representation you are getting from your

attorney ... get a new attorney. You are not locked into one attorney forever just because you

started a case with him. Attorneys substitute in for another attorney all the time. It's not that

you have to dislike your attorney or have unresolvable differences, if you have spoken with your attorney

about what you want done but do not feel that he will adequately represent your interests ... you may want

to spend a little time to find one that you are comfortable with. But I do strongly suggest that you speak with

your attorney about your concerns first ... then if you are still unsatisfied, see if there is someone else you are comfortable with.

Best of luck

Todd Richardson