Legal Question in Family Law in Washington

leaving jurisdiction

minor children live with mother who has started dissolution procedings. Father is citizen of Mexico, but living in U.S. There is no parenting plan in place. What are the legal implications of mother just taking children and leaving the state? would the parenting plan change that?


Asked on 8/16/07, 8:38 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: leaving jurisdiction

Once having invoked the jurisdiction of the Washington court for purposes of the dissolution, she needs to stay here and finish the action.

The minimum mandatory waiting period is 90 days.

Were she to leave, the divorce would not be final, so she would remain married.

Were he to object to her leaving, and ask the Court for relief, the court could order the children to be with him just because she left.

Is it worth it? I can't answer that, I don't know nearly enough about the situation.

Her filing for the divorce is what changed the situation, and whether or not there is a parenting plan right now or will be in the future isn't the point.

Where there is a divorce with children, there will be a parenting plan, which will have provisions regarding relocation with the children. Leaving now won't fix it, as the Court has jurisdiction to make her return or possibly lose the children.

Hope this helps. Elizabeth Powell

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Answered on 8/17/07, 12:22 am


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