Legal Question in Family Law in Washington
Restraining order
My ex-wife says she is coming from Indiana to take my daughter away from me & I have custody here in Washington State. Can I get a restraining order although she is out of state?
1 Answer from Attorneys
Re: Restraining order
This has the potential to be a high risk action. Without knowing the details of your parenting plan, but assuming the usual terms, anything that either parent does in violation of the parenting plan is potentially contempt and if it is an action to deprive you of "custody" it may be parental kidnapping. You can apply for a restraining order, but you effectively already have an order that limits what you and your former spouse do relating to your daughter. Be careful about using restraining orders to cut off the other parents residential time, this could be viewed as abusive use of conflict if you fail to provide sufficient justification for the restraining order, which could justify sanctions against you. You should consider retaining counsel to advise you on how to handle this matter.