Legal Question in Family Law in Washington

Re: harrassment

When you say the case was domesticated to AZ, questions that arise are: Did the opposing party object or resist the domestication, and if so did the courts make a decision about the domestication (if there is timely objection the courts of the two jurisdictions are supposed to confer and make a decision, but this often requires the party domesticating the matter to bring it to the courts' attention). Assuming the formalities on domestication were all effected then the case is out of the hands of the Washington courts. The opposing party's attorney has no authority to take action (an exception might be if there was a notice of appeal filed on the domestication issue). If on the other hand there was timely objection, but the matter was not brought to the courts for decision, it may well not be properly domesticated. I have handled two of these matters (one involving domestication to AZ) and I would note that this process requires precise compliance with the statute (Uniform Child Custody Jurisdiction Act). You provide very little information on what the harassment is. The usual course for seeking sanctions against an attorney is Rule 11, you can always seek sanctions, but asking for them has its risks, if they are not sought in good faith and factually supported, the act of seeking sanctions may be sanctionable under Rule 11. Christopher K. Steuart, [email protected]