Child Custody/Modification of PP Case - Dismissed. Can I re-file evidence?

Asked over 3 years ago - Spokane, WA

Objection to Relocate/Petition to Modify PP was set to be heard with status conference taking place a week later. The Intent to Relocate was withdrawn & their attorney told me I did not have to go to the hearing because it would be stricken. I went to the docket call & requested a bench conference. The commissioner said the Intent to Relocate is gone so there is nothing I can do. If the hearing was stricken, I thought the status conference was attached. I left messages w/ judge office. No one returned my call so I did not go. Then I received a notice that the case was dismissed and I failed to appear to status conference. I re-filed to Modify the PP w/o relocation with the same evidence used in the case that was not actually heard by a commissioner. Can I do this. What do I need to know?

Additional information

Opposing attorney appeared at status conference and case was dismissed based on the Intent to Relocate being withdrawn by opposing party. I re-filed to Petition the court to Modify PP based on other criteria with the same evidence that would have been heard in the last proceeding had it not been stricken or dismissed. Can I present the same evidence?

Attorney answers (2)

  1. Glenn E. Tanner

    Contributor Level 14

    Answered . If I understand your question correctly, yes. You need a substantial change of circumstances to modify your existing plan.

  2. Rodney George Pierce

    Contributor Level 14

    Answered . If you wish to modify the parenting plan whether or not the other party is going to relocate, you may do so. I suggest that you review RCW 26.09.260 as to the criteria for a major or minor modification.

    LEGAL DISCLAIMER Mr. Pierce is licensed to practice law in Washing with an office in Seattle and services... more

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