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.


Asked on 10/30/11, 10:03 am

1 Answer from Attorneys

Jonathan Baner Baner & Baner

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?).

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Answered on 10/30/11, 12:09 pm


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