Legal Question in Family Law in Washington
Asking a judge to reconsider/revise Temporary Order?
I have been the legal custodial parent of a 15 yr old son until last month and my ex filed a restraining order & asked for Temp. Custody of our son. He had not actual basis for this but the commisioner was unattentive and actually gave him the temp. custody with me visitation ONCE a month. I have one visitation since then, it was on 1/6/07. Every time I ask to visit with my son, my ex has every excuse in the book as to why I cannot have visitation, such as son is gone or I did not give him enough time to ''decide''. I plan to either file contempt charges for this or should I ask for another commisioner to review the case? I heard that in WA, the standard visitation was every other weekend. The commisioner stated because of the weather is why I only was able to have one weekend a month. I do live in another town from the father.
PS: the father is currently going to court for contempt for not paying his child support. That isn't admissable for the custody case is it?
1 Answer from Attorneys
Re: Asking a judge to reconsider/revise Temporary Order?
Your ex noted an adequate cause hearing. You have ten days from when that order was entered to ask your trial court to "revise" the order.
That essentially gives you a second chance. You don't say when the hearing was. I'm reading through the lines that it was more than a month ago.
Did you relocate without giving your ex proper notice? Relocation cases are tough, but not impossible.
You need to document your ex's refusal to provide visitation. If I were in your shoes, I would also file a motion in the commissioner's court to remove the case to Family Court.
That'll get the case before the Hon. Kitty-Ann Van Doorninck, and she will listen carefully and make a decision based on the best interests of your child.
You are correct that physical custody and child support are two different problems, and you do well not to confuse them.
If he has custody, you are going to owe him child support. The past due support he failed to pay you doesn't cancel out your obligation to pay support for your child.
Hope this helps. Powell
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