Legal Question in Family Law in Washington
I want to leave the state with my son but the father put a restriction on me and
I want to leave state to go to my mother and go back to school but the father of the child does not want me to go. We are now going to court. Waht exactly do I say to the judge so that I can go?
2 Answers from Attorneys
Re: I want to leave the state with my son but the father put a restriction on me
That all depends upon what the facts of your case are and what the compelling reasons are for moving your child out of its school district. This question cannot be answered with a standard or stock answer. I have inadequate information to answer your question.
Re: I want to leave the state with my son but the father put a restriction on me
Read RCW 26.09.405 through 26.09.560 beginning at http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=26.09.405.
To find what WA courts have said about the issue, read the Littlefield decision first and then those published cases that deal with it. (The statutes above were drafted in response to the Littlefield decision.)
To do this, (1) go to http://www.legalwa.org/ and click on "Washington State Supreme and Appellate Court Decisions"; (2) click on "Advanced Search"; (3) in the box labeled "not containing any of these words" type (without the quote marks) "unpublished"; (4) in the box labeled "containing this exact phrase" type (without the quote marks) "133 Wn.2d 39"; (5) uncheck all checkboxes; and (6) search.
As of this date you will get 28 results. If you understand the statutes and the reasoning of these cases, you'll probably know as much as the judge and attorney about the issue. Argue from similar cases and explain that your case is similar.