Legal Question in Family Law in Washington

Re: enforcement of order

In the State of Washington there are no courts called circuit courts, perhaps you were thinking of district courts. District courts do not have jurisdiction over family law matters, superior courts have jurisdiction over family law matters. The other issue is the application of habeus corpus to non-governmental entities (or the lack of application to non-governmental entities). I suspect that the factual situation and the details of the order are more complex than you have stated them, but I would say, the judge lacked subject matter jurisdiction in family law matters and habeus corpus is not a remedy in the situation that you are involved in. The judge is probably giving you a break by even letting you have a hearing and not summarily rejecting your petition or motion. To have the matter brought before a court in Washington you will have to register your judgment or order with the clerk of the appropriate court (and pay the filing fee). This will probably be under the Uniform Child Custody Jurisdiction Act, but without the order itself I can not say conclusively. From personal experience I can tell you that if you are using the UCCJA you must scrupulously follow the filing and notice procedures that are detailed in the statute. If you fail to follow the procedure for having your order recognized in Washington the court may refuse to enforce your order. The International Parental Kidnapping Crime Act of 1993 may be applicable also, but I don't have enough facts to take a position on its applicability to your situation. If you want to discuss your situation, I should be available to talk most of Thursday. Drop me an email with your phone number (and copies of any relevant documents if you want to). I will not be available by phone on Friday. I practice in King, Pierce, Snohomish, Thurston, Kitsap, Lewis and Island counties.