Legal Question in Family Law in Washington
Parenting Plan
My son's mother (Sarah) took our son (Caleb)out of state on my visitation weekend without notice. When i confronted her about it, she said that Caleb told me and that when they got back in state from vacation i could have extra time with him. First, I told her that our parenting decisions need to be done between her and i and second, I was not and did not want to deny Caleb the vacation time to Hawaii because that would just hurt him.Sarah, said that she would give me my just time (extra time) with Caleb when they got back into town. Not only did she not stick to her word but again took my time away from me when i hardley get the chance to see Caleb at all. This behavior is getting worse and i don't know what i can do about this and what my rights are as a father.What can i do?
2 Answers from Attorneys
Re: Parenting Plan
Deviations from the parenting plan may be contempt, but don't do a motion and order to show cause on contempt unless you really think you can prove it, and it should not be a minor problem that you use the court for to enforce the parenting plan.
Re: Parenting Plan
Look at the dispute resolution section of your plan. What does it say? Is it possible to go to dispute resolution and not go to court?
This may be a non-threatening way to express your concerns regarding her failure to follow the plan without threats of jail time and expending a few thousand dollars.
Your plan may require that you go to alternative dispute resolution first before going to court.
Also, keep a small calendar, and keep track of when your boy is supposed to be with you and when he is not with you. This is valuable evidence for the fact-finder, whether its a judge or a mediator.
Hope this helps. Powell