Legal Question in Family Law in Washington

Parenting Plan traveling

I have two children 13 and 8 my exhusband moved about six 1/2 hours away and is still wanting to transport the children back and forth (a total of 12 hrs.)every other weekend I am the custodian parent and think it is to much on the children. He is also wanting me to meet him half way for exchange this is crazy can he make me do this?


Asked on 1/15/07, 10:02 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Parenting Plan traveling

How does your parenting plan address the time he's supposed to spend with the kids?

Does the plan contemplate a 6-1/2 hour distance between you? Or, did you set it up based on the two of you maintaining separate households within some reasonable distance of one another?

You need to consider whether you need to move the court to fix this issue. There are a few alternatives.

You can ask for a modification based upon the substantial change of circumstances in the non-moving party's (that's him) life, namely his choice to relocate;

You can ask to have the Court find him in contempt for failing to follow the plan as it currently exists;

You can ask the Court for an adjustment which does not affect the time the kids spend with him materially. An adjustment might be to expressly require him to provide transportation. With that sort of distance, a plane trip might be effective.

Or, you can essentially do all three requests at the same time.

Washington has a Relocation Statute that imposes notice requirements on primary residential parents, but interestingly, does not impose the same requirements on non-residential parents, who are thus free to pack up and leave without consideration of the impact on the children.

Since he moved away, he's got the responsibility to provide the transportation AND follow the plan.

The kids are the ones who pay for his decision, unfortunately, in increased distance from their father and increased travel time to spend time with him.

And the short answer to your question regarding his demands that you meet half way: Depends on what your plan says, but probably not.

Your local Bar can help you get a referral to a local family law attorney who can help you best.

Hope this helps - Powell

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Answered on 1/15/07, 11:38 pm


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