Legal Question in Family Law in Washington
There is a parenting plan filed, which I did not respond to because we got back together and it has the days off I had before my schedule changed to pick my daughter up. We have not been to court as of yet, however. If I go to pick my daughter up from her mother's residence will I be arrested for trespassing even if it is not my day to get her? The court has not set the plan in stone as of yet.
1 Answer from Attorneys
Trespassing requires the entry onto land not be authorized, which you, at least implicitly, state that it is authorized.
Custodial interference is the crime you would be worried about -- if non-consensual in picking up the daughter.
Beware protection orders/restraining orders are not filed as opposed to simply a temp parenting plan (just because it is filed doesn't mean it is entered -- did the court sign off on it?).