Legal Question in Family Law in Washington

Re: Pending DIvorce... Leaving on a trip

Your mother is right. If there is a divorce pending (even on the horizon) you would not be smart to leave the kids for longer than 8 hours or so for any reason whatsoever.

Yes, it is legal to assert that the other parent (you) are out of town and thus residential placement should be with the petitioning parent (him). Don't go.

Listen to your mother.

Elizabeth Powell

Re: Pending DIvorce... Leaving on a trip

I don't know that there is a good answer to your question. I can address some of the legal issues, and those only within the context of the information you provided. If your spouse left with the children while you were out of town it may well work against his position. What you have described is clearly not abandonment, and a court would be offended if somebody tried to argue that it is. I don't know that there is anyway to effectively prevent people from doing things, but If it was clear this was a planned short trip, that could be fairly quickly corrected. Having him sign "something" may create evidence of intent, agreement or acknowledgment about relationships with the children; any effect it had in preventing him from doing something would be more moral than legal, and it would not be controlling on the court.

As to whether you should go, I can't advise you on that.