Legal Question in Family Law in Washington
I live in Washington, my just turned 16 year old son & 17 year old daughter went to hawaii for summer visit with their father. My daughter returned after 3 weeks per the agreement, and now my son is trying to tell me he is staying there. We have a had a very ugly divorce lasting 14 years, father is diagnosed sociopath/Narcissistic Personality Disorder and is once again manipulating my son. He tried to take him with him to Hawaii a year ago, but actually backed off when he knew the judge wasnt in favor of it. I feel he's been planning this all along. My son is being enticed with a car, gifts, etc while at his dads, hes being manipulated. I have a parenting plan that states I have sole custody, dates son is to be returned from hawaii to Washington State etc, and I need to know what my next step is, if my son doenst come home tomorrow as planned. Do I file something with my court, or call the police in Honolulu and send them my parenting plan, having them go get my son? Please help, I have PTSD from dealing with this person and his manipulations of our children and abuse thru the courts for 14 years, we finally finalized this AGREED upon plan a year ago, the judge brought our children INTO the courtroom (unheard of here) so they could hear this decision and that it was final and agreed upon by their parents. My attorney just retired, I cant believe (yet I can) that this is happening again. This man is not stable, or a safe influence and has had restricted visitation in the past. My son needs to come home.
Amy
1 Answer from Attorneys
After 14 years, you have likely been to court for similar situations. Ask your retired attorney for an aggressive replacement.
Get an order from the court for an immediate return of your son at his cost. Order that he is to return the child to Washington immediately. If he refuses to do so when the Wenatchee judge orders it, that should solve your future issues once you get your son home.
If he refuses, you may have to go to Hawaii and/or get a Hawaiin attorney. Get a certified copy of the order to Hawaii. The procedure in WA for an out-of-state order is to get a habeas corpus order to return the child to the other parent. I don't know what the HI practice would be. If you don't have a HI attorney, I could refer you to some people who might know. With a habeas corpus order, the child would be returned to your care and you would return with him.
One problem you will face is the child himself. He may be resistant.
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