Legal Question in Family Law in Washington
I have joint custody of my child, the first tie she goes to spend the summer with her father he comes back saying that she doesn't want to leave and that shes afraid of me. He is now saying that when I fly to pick her up as per our divorce decree and parenting plan that he is not going to give her back to me. He is making false accusations towards me and friends with no evidence to back it up. What do I di if he want return my child to me?
1 Answer from Attorneys
I advise you to write him an e-mail indicating that you plan to be there on whatever date at whatever time, and indicate that you expect him to comply with the parenting plan and turn your daughter over to you at the appointed location and date. If he writes back to indicate he will not do so, then file a motion seeking a contempt finding and an order to show cause, which requires him to appear in court and explain why he is refusing to follow the parenting plan. The two e-mails I discuss above are going to be exhibits A and B to that motion to prove the contempt.
He may then bring up his points of view and whatever evidence he has to back up his contention and a court commissioner or judge (depending on what county you reside in) will decide what to do about it. If you can, I advise you to at least consult with an attorney to allow that person to review the documents and communications related to the father's refusal to turn over your daughter to make sure my advice above fits the circumstances of your situation.