Legal Question in Family Law in Washington

Re: Family Law

If he wants to take her to day care on the week that she is with him and has half-days, he can do that. Generally speaking, the parent with residential time can make alternative arrangements for care when the child is with them. Whether or not you would have to pay half depends on what your child support order says about day care costs.

You say it is his choice and the reason you can't take her is because you have other committments.

Does your parenting plan have a dispute resolution clause? Even if it doesn't you can ask to go to mediation about this. Mediation might help him understand how difficult he's being.

Sounds as though the two of you are still locked in a power struggle and that this is not about your daughter, but about being in charge. Court is a lengthy, cumbersome and expensive process that might resolve this, or it might not.

If he isn't following the plan, you can ask the Court to hold him in contempt. However, there is a decision out there that says the parents should be able to rely upon one another to solve scheduling and unexpected problems with the children. But your situation sounds as though he's taking advantage of your inclination to care for your daughter to make you do more than your share.

This can also be a basis for a change to the plan, such as revoking that week with him if it is too much trouble for him.

I always encourage people to get along and do what the kids need, but that might not be the answer for you. Isn't it odd that he'd negotiate and argue for that residential time arrangement, but in the end analysis, can't honor the time committment?

Hope this helps. Elizabeth Powell

Re: Family Law

Dear Madam:

Based on your facts, it appears that the primary issue to be resolved is whether or not you have to pay 1/2 of the cost for daycare based on a unilateral decision made by your ex-spouse.

You may wish to consult an attorney to review the original parenting plan, including the child support schedule.

Notwithstanding other factors, you may wish to review issues such as whether or not monetary assistance outside of or exceeding the parenting plan will create an extreme hardship to either spouse.

Depending on further review, your situation may be simple or complex. Nonetheless, you may wish to consult a lawyer for further review.

Thank you.

Respectfully.