Legal Question in Family Law in Washington
Vacation with child
I am the custodial parent of my 3 year old daughter. We are traveling to Alaska to visit my grandparents and this happens to be during thanksgiving. Her father is suposed to have her thanksgiving. I have given him over a months notice about this and he says that if I leave the state it will be considered kidnapping. Is this true or am I free to go?
1 Answer from Attorneys
Re: Vacation with child
Here's the problem. He doesn't have the authority to charge you with a crime, but he can ask a court to find you in contempt for failing to follow the parenting plan. Sounds like you know that your daughter is supposed to be with him for Thanksgiving this year. Notifying him that you intend to violate the plan doesn't absolve you of responsibility for failing to follow the plan.
So it isn't true; you are free to go, of course, just leave your daughter here with him.
If you are found in contempt you can be ordered to pay HIS attorney fees, as well as yours, and you can lose "make-up" time, and could risk going to jail.
If you are found in contempt 2-3 times in a year, a court can (and will) reverse the residential placement and have your ex be the primary not you.
Not worth the heartache. I'm telling you this based on what you said; if you said something different, or if I was looking at your decree and parenting plan I might say something different. Nothing substitutes for a consult with counsel, not even this website.
Elizabeth Powell