Legal Question in Family Law in Washington
Mother fails to return son
I currently have an Washington State court order for physical custody for my 13 year old son. I am now remarried and we live in California. His mother has visitation rights on the pretense that she covers travel cost. My wife and I decided to pay for his visit. My sons mother failed to put my son on the return flight. She stated that her car broke down and was unable to take him to the airport. I�m fearing that she is not willing to send him back. My exwife was order to pay support but hasn�t paid any for the past 4 years, and to put it mild she is not a stable person. Prior to him going we set up a 17 day contract at his school for his home work. What action do I need to file to get my son back, and what kind of compensation could I get for the period of non-support. I didn�t elect for the traditional support payment that pays through the courts.
1 Answer from Attorneys
Re: Mother fails to return son
I hope that this situation has already resolved itself for the sake of everyone involved. I cannot hope to give the final answer because the situation is pretty complicated, but I can tell you about some options.
You can, of course, file an action in Washington State for the mother to be held in contempt of court for violating the court order. If she is found to be in contempt, the judge may order some jail time and financial penalities for her disobeying the court's order.
In more extreme cases, which may well be the situation you are describing, a parent can be found guilty of committing the crime of kidnapping or custodial interference. You may well be able to enlist the assistance of the local police department in regaining custody of your son. Take a certified copy of the custody order to the police and see what they tell you.
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