Alan Scott Funk’s Answers

Alan Scott Funk

Seattle Family Law Attorney.

Contributor Level 10
  1. Can a judge or commissioner amend their decisions after a party has left the court room?

    Answered over 2 years ago.

    1. Alan Scott Funk
    2. Breckan Scott
    3. Dave Hawkins
    3 lawyer answers

    It is normally a bad idea to leave the courtroom without reviewing and acknowledging receipt of the court order. When a party leaves without signing an order, the court will usually mark, “refused to sign” or “left without signing”. That probably translates to “threw a fit and left in anger”. It is not unusual for orders to need clarification or additional information after the court issues an oral decision. In that case, the parties appear before the court again to address the disputed...

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  2. What if a GAL is favoring over the petitioner that paid him? If therapist is seeing the child, how much weight is given by judge

    Answered almost 3 years ago.

    1. Alan Scott Funk
    2. Frances Turean
    3. Bruce Clement
    3 lawyer answers

    Recommendations of a GAL are only one factor considered by the court. A good GAL report will include a summary of all documents reviewed and all witnesses interviewed. The report will contain a summary of important documents, and a summary of each witness interviewed. The report should contain some analysis of the information. The report should draw conclusions from the information. All conclusions should be supported by the factual information. A good report will include more than...

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  3. Sent a text message to my ex-husband regarding schedule. How long should I wait for a response back?

    Answered 10 months ago.

    1. Alan Scott Funk
    2. Bruce Clement
    3. Jeffrey Alan Robinson
    3 lawyer answers

    There is not a strict rule for this type of communication. A good rule of thumb is: be reasonable. If court action becomes necessary, make sure you can print your text message. If you cannot print the text message, I recommend you send an email. You can always send a text message duplicating the email and/or notifying your ex to check email. You can also call to communicate about this issue and then follow up with an email confirming the discussion. You might consider switching to 1st...

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  4. What is the procedure to retract a motion?

    Answered over 2 years ago.

    1. Alan Scott Funk
    2. Mark L. Alexander
    2 lawyer answers

    Filing a Notice of Intent to Relocate does not schedule a hearing. If you also filed a motion, in King County, you call the clerk's office and inform them you want to strike the hearing. I expect Pierce County would be similar. If you had a shared custody arrangement, you should consult with an attorney to review the factors listed in RCW 26.09.520.

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  5. Residential schedule question Help Please

    Answered over 2 years ago.

    1. Alan Scott Funk
    2. Frances Turean
    2 lawyer answers

    From what you wrote, it is difficult to determine the specific provisions in your parenting plan. Who is scheuled to be with the children on Mid-Winter Break this year? What priority is section 3.2? Typically Mid-Winter Break will have priority over section 3.2 (the normal schedule in place while the children are in school). If your parenting plan has the Mid-Winter break with a lower priority than section 3.2, that is probably an error. If the parenting plan is unclear, or...

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  6. How to dispute a GAL report

    Answered about 3 years ago.

    1. Alan Scott Funk
    2. Bruce Clement
    2 lawyer answers

    Yes. a GAL report can be refuted, but it takes a lot of work and you really should have the assistance of an attorney. You can obtain the GAL file: 1. See RCW 26.09.220(3) and WAC 246-924-445 (parties are entitled to all underlying data and should request information prior to deposition and/or trial). a. The forensic history questionnaires, b. Parenting history surveys, c. Personal history checklists, d. Personal problems checklists, e. Interview notes from party interviews, f....

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  7. What is the difference between filing a lawsuit versus filing a complaint in State Bar Association regarding legal malpractice?

    Answered almost 3 years ago.

    1. Alan Scott Funk
    2. L. Maxwell Taylor
    3. Raymond Scott Costantino
    3 lawyer answers

    The bar association can address an attorney's ethical violations. If an attorney violates the he rules of professional conduct, he or she can be disciplined. Below is a link to the rules. http://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=ga&set=rpc The bar association will investigate complaints of ethical violations, (called grievances) but receive a lot of grievances that do not qualify as ethical violations. You contact the bar to find out how to start this provess....

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  8. My boyfriend is a type 1 sex offender can he legally live me me and my 1 year old son in WA state

    Answered over 5 years ago.

    1. Alan Scott Funk
    2. Erasmo John Compatore
    3. Melissa Marie Denton
    3 lawyer answers

    If your boyfriend is not also the father of the child, you should also review RCW 26.09.191 with an attorney. If the father of the child seeks court orders, the court has no discretion on the issue. If a parent resides with an adult or a juvenile who has been found to be a sexual predator under chapter 71.09 RCW or under an analogous statute of any other jurisdiction, the court shall restrain the parent from contact with the parent's child except contact that occurs outside that person's...

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  9. What to say while having a psychological evaluation done?

    Answered over 2 years ago.

    1. Dave Hawkins
    2. Alan Scott Funk
    3. Karin Quirk
    3 lawyer answers

    I wrote a legal guide for AVVO on this topic: I hope you find it helpful, -Alan Funk

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  10. Non compliance from a pre trial conference hearing.

    Answered about 1 month ago.

    1. Matthew Robert Kaminski
    2. Dave Hawkins
    3. Alan Scott Funk
    3 lawyer answers

    If the judge issued a court order, the order can be enforced. The judge may not have intended for the discussion at the pre-trial conference to constitute a court order. If the judge's comments were not in the form of a written order, a motion for temporary orders may be filed. At a hearing on temporary orders the court can enter a temporary parenting plan. That parenting plan will be in place pending further court order or trial. Your boyfriend need not retain counsel to address these...

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