Legal Question in Family Law in Washington
Out of state Travel
My wife and I have been divorced for 3 years. we have joint custody of our two children. In our parenting plan this year the kids are suppose to be with me on Christmas eve, and my ex on Christmas day. She is trying to take them to Montana over Christmas vacation. She said I can have the kids for Christmas Eve If I arrange transportation for the kids back to Washington from Montana. Otherwise they will be back on new years day. I do not give permission to her to take the kids over my Christmas time with the kids. Can she take the kids out of state during my Holiday, out of state without my consent?
2 Answers from Attorneys
Re: Out of state Travel
I concur with Mr. Steuart's answer as a beginning.
You should provide her in writing your objection. This will be useful if you have to take her to court for contempt later.
On the other hand, you might be able to make a deal with her that you get the kids the entire Christmas Vacation next year or some other agreement.
Also, this might be a good thing for the alternate dispute resolution in the PP if you can't work it out yourselves.
Re: Out of state Travel
What does your transportation provision in the parenting plan say? Does it designate a pickup/drop off location. Even if the PP does not designate a specific pickup location a court may well consider it unreasonable to require you to do the transportation from somewhere out of state. I'd of course want to see the PP before saying what you can or should do.
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