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Bruce Clement
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Bruce Clement’s Answers

6,381 total


  • Non custodial parent/passport

    My ex wants me to sign for my daughter to have a passport. I am totally fine with my daughter travelling, but I don't trust her mother to be completely honest with me. How can I be sure there is no "secret" travelling happening? She says it is fo...

    Bruce’s Answer

    Normally, unless you have evidence that the mom intends to violate the parenting plan in some way, international travel to a country that has signed the Hague Conventions on parental abduction (like Canada) will be allowed. If the travel will be to a country that has not signed (like China), the court will normally not allow travel. Note: you should ask the mom to sign an agreed order requiring both parents to provide each other with an itinerary for such travel; if she won't your motion for such a change to the parenting plan would likely be granted. My AVVO Legal Guides on parenting plans, international jurisdiction, parental abduction, and petitions to amend may provide more information which is relevant to your inquiry. Go to my AVVO home page. Scroll down and click on “Legal Guides”; then select those Legal Guides which are relevant to your situation. Please mark what you like as “helpful”. Thanks for your support. © Bruce Clement

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  • How do I get my ex to respond to parenting related questions since we have joint custody?

    My ex is completely unresponsive to all communication regarding parenting issues. We have joint legal and joint physical custody which includes several important joint decision areas. However, getting a response or answer is impossible and I don't...

    Bruce’s Answer

    When a decision has to be made, joint decision making is required, and the non-custodial parent refuses to participate, the custodial parent is often forced to make the decision. For example, if the mom has custody and the child needs to be enrolled in school, and the dad refuses to even respond to the mom's inquiries, the mom is basically forced to make the choice unilaterally. The dad then often claims contempt of court for violating the parenting plan. The court will normally not find the mom in contempt, assuming that she can document her attempts to involve the dad. My AVVO Legal Guides on contempt and parenting plans may provide more information which is relevant to your inquiry. Go to my AVVO home page. Scroll down and click on “Legal Guides”; then select those Legal Guides which are relevant to your situation. Please mark what you like as “helpful”. Thanks for your support. © Bruce Clement

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  • In a Parenting Plan Modification must all letters of evidence (Exhibits) have a Under Penalty Perjury cover sheet?

    For Instance - a summation of activity letter from a medical facility - Is it imperative that that letter signed by the doctor ALSO have a sworn cover sheet in order for it not to be objected to and thrown out in court?

    Bruce’s Answer

    The letter from a medical facility is hearsay. The rules say that it should be excluded. My experience is that in motion hearings (like a motion for temporary orders) the Commissioners almost always ignore the rule and allow the hearsay letter as an exhibit. In a trial the judges are more strict about the rules of evidence, but often will admit such evidence anyway. My AVVO Legal Guides on parenting plans and motions for temporary orders may provide more information which is relevant to your inquiry. Go to my AVVO home page. Scroll down and click on “Legal Guides”; then select those Legal Guides which are relevant to your situation. Please mark what you like as “helpful”. Thanks for your support. © Bruce Clement

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  • How do I object to a temporary order modifying custody and how long do I have before it becomes a final order?

    I (mother) have been the primary guardian of my now 5 year old daughter since she was born in 2009. Married in 2009 and due to my ex's lengthy infidelities, we divorced in 2013 the courts ordered joint custody of our ddaughter. The nature and sche...

    Bruce’s Answer

    If the temporary orders were entered by a Commissioner, you have 10 days from the order to file a Motion to Revise that order; the motion to revise is heard by a Judge. My AVVO Legal Guides on motions to revise may provide more information which is relevant to your inquiry. Go to my AVVO home page. Scroll down and click on “Legal Guides”; then select those Legal Guides which are relevant to your situation. Please mark what you like as “helpful”. Thanks for your support. © Bruce Clement

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  • I am currently seeking a relocation back to my home state. There are temporary orders in place I'm primary parent.

    I'm currently seeking a relocation from Washington state back to my home state with my children. My home state is the children's home state as well. I was granted primary parent during temporary orders. Also my ex is taking me back to court For a ...

    Bruce’s Answer

    The "home state" of the child is the state where the child has lived for the last six months. You should seek a court order allowing the relocation before you move. My AVVO Legal Guides on relocation and interstate custody jurisdiction may provide more information which is relevant to your inquiry. Go to my AVVO home page. Scroll down and click on “Legal Guides”; then select those Legal Guides which are relevant to your situation. Please mark what you like as “helpful”. Thanks for your support. © Bruce Clement

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  • If i have my kids for 3 weekends a month can i get my support order reduced so i don't pay my ex for time she doesn't have kids?

    after only 3 weeks notice my ex took my kids across the us to minnesota last fall, now my ex is moving back to my area and i will have our 2 children for at least 3 weekends each month. Is there a way i can go about modifying my support order to r...

    Bruce’s Answer

    I agree with Mr. Couture. My AVVO Legal Guides on child support may provide more information which is relevant to your inquiry. To get to my AVVO Legal Guides, click on http://www.avvo.com/attorneys/98003-wa-bruce-clement-2837.html?ref=header. Scroll down to “Resume”; click on "Contributions” and “Legal Guides”; then select those Legal Guides which are relevant to your situation. Please mark what you like as “helpful”. Thanks for your support. © Bruce Clement

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  • Ex-husband wants to amend the amount because he has cancer and fears reduced income.

    The cancer may be terminal. He owns a home, has a spouse that doesn't work and has had shared leave paying his salary in full for the last year. Will the court in WA state allow a reduction before there is any true impact on his salary? He take...

    Bruce’s Answer

    I agree with Mr. Couture. My AVVO Legal Guides on spousal maintenance may provide more information which is relevant to your inquiry. To get to my AVVO Legal Guides, click on http://www.avvo.com/attorneys/98003-wa-bruce-clement-2837.html?ref=header. Scroll down to “Resume”; click on "Contributions” and “Legal Guides”; then select those Legal Guides which are relevant to your situation. Please mark what you like as “helpful”. Thanks for your support. © Bruce Clement

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  • How can a person be jailed on misdemeanor contempt/no bail and $10,000 fine and no court date scheduled? Pierce CO WA

    In regards to a five year long divorce where the ex spouse is fighting over spousal maintenance, secondary education payments and long since written off unsecured debt. The children are 25 and 23. The defendant has no job or means of support him...

    Bruce’s Answer

    You should discuss this situation with a criminal defense attorney. Inability to pay is normally a defense against contempt for nonpayment of a financial obligation. My AVVO Legal Guides on contempt may provide more information which is relevant to your inquiry. To get to my AVVO Legal Guides, click on http://www.avvo.com/attorneys/98003-wa-bruce-clement-2837.html?ref=header. Scroll down to “Resume”; click on "Contributions” and “Legal Guides”; then select those Legal Guides which are relevant to your situation. Please mark what you like as “helpful”. Thanks for your support. © Bruce Clement

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  • What's the difference between a Collaborative and a Cooperative Divorce? Does the process make a difference in the outcome?

    I believed we were in the process of a Collaborative Divorce, going on several months now. Now my attorney informs me that she is not trained in Collaborative Process, and that in fact we are conducting a Cooperative Divorce. We all signed a CR2A ...

    Bruce’s Answer

    (1) In a collaborative law case, the attorneys and clients must sign an agreement that if they litigate, they will have to hire new attorneys. "Collaborative divorce" is a carefully defined procedure. "Cooperative Divorce" is not the same at all. (2) A CR2A agreement will normally be binding even if you made a mistake, unless you can prove that the agreement was induced by fraud. The mere fact that the agreement is "unfair" will not be enough to set aside the CR2A agreement. My AVVO Legal Guides on mediation and the division of assets may provide more information which is relevant to your inquiry. To get to my AVVO Legal Guides, click on http://www.avvo.com/attorneys/98003-wa-bruce-cl.... Scroll down to “Resume”; click on "Contributions” and “Legal Guides”; then select those Legal Guides which are relevant to your situation. Please mark what you like as “helpful”. Thanks for your support. © Bruce Clement

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