Legal Question in Family Law in Washington
International Child Visitation Rights
My husband divorced his ex-wife in 1999. She is from England and resided here in the United States during their 12 year marriage. They had 2 children both born here in the states and the childrens' ages at the time of their divorce were 3 & 7 (now 8 & 12). His ex-wife was given custody of the children and moved back to England. My husband pays child support. He has not seen his children since they left 5 years ago although he calls them every Sunday. He was granted ''reasonable visitation rights'' in the divorce settlement, providing he pay all expenses. His ex-wife refuses to let the children come here for visitation. My husband misses his children terribly and still grieves over the loss. He is a kind, loving father and although he has nothing but a phone relationship with his children, they miss and want to see him too. He has asked and then pleaded for his ex to send him school pictures, report cards, artwork; any kind of memorabilia for him to share in, all at his expense but she won't even do that. My question is: What rights does he have as far as enforcing visitation? The divorce was granted in Washington State.
2 Answers from Attorneys
Re: International Child Visitation Rights
Enforcing the parenting plan is a starting point. The mechanisms for doing that are to make a request for visitation that conforms to what is provided in the plan. If his former spouse then fails to respond the mechanism that is available to him is contempt. I believe that Britain has an equivalent of the Uniform Child Custody Jurisdiction Act or Uniform Child Custody Jurisdiction and Enforcement Act, and it is a signatory to the Hague Convention (which addresses child custody enforcement in international situations). The Hague Convention would involve contacting the United States State Department and any court case in the context of the Hague Convention would be in Britain.
This is a general discussion of applicable laws; an important factor that I can not speak to is what the parenting plan says (in detail).
Re: International Child Visitation Rights
Assuming the decree grants him visitation, he needs to get an attorney and file a motion for contempt. It might be good first to send her registered letters requesting visitation so you have proof of notice to her. Emails might also be useful in this regard. But contact an attorney first so that whatever strategy you choose, it is done in the way most likely to get the results you seek. Also save anything in writing or any messages she leaves on the answering machine.
If he has never taken active steps once she says no, he will probably not be able to do anything about the past, but he can deal with the future now.
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