Legal Question in Family Law in Washington

Habeas Corpus PT. 2

My sons mother and I have NO custody or parenting plan into effect. I filed a parenting plan with the courts on Sept. 4th, but his mother kidnapped him from his grandma house on the 1st without my knowledge or the grandmothers permission and refused to bring him back or tell me where he was because she knew I was filing for custody. I have been granted both an exparte temp restraining order and an order to show cause in the matter, but since she is hiding at a protective shelter, the police can't do anything. The sheriff told me that the ONLY way to get him back right now before the hearing is to issue a writ of habeas corpus, but I know the judge may want some legal document showing my custodial right. She told the people at the shelter that he's only been with me for two months, and with her for the other two yrs of his life. But I have daycare receipts, shot records, even military documentation spanning back to mid 2007 proving he's been with me while she's abandoned him because of meth abuse. She's lost both her other kids because of this same thing (meth abuse, abandonment,) I just want to make sure I'm doing the right thing to get my son back. I haven't seen or heard from him in over 3 weeks now.


Asked on 9/21/08, 5:29 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Habeas Corpus PT. 2

A question that arises for me is how do you know she is hiding in a "protective shelter." If you know that why don't you know where? (Somebody knows where she is, and if you provide that info to the sheriff's civil division, they will serve her there. The other alternative is you should be documenting in detail that she has fled with the child (declarations from people who know), and document your diligent search to effect personal service, and the court will allow you to effect service by publication. Once you have service you can then get orders that create a temporary residential schedule that establishes you as the primary residential parent, and then seek do a motion for contempt or a writ of habeas corpus. If she has "lost" other children, get the court files to use as reference materials, if they are sealed, you will need a court order authorizing access to them. This is probably processes more complex than I would recommend to most pro se persons. If this matter is important you will need to retain counsel in Kitsap County.

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Answered on 9/21/08, 9:41 pm


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