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

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 The Intent to Relocate was withdrawn & their attorney told me I did not have to go to the hearing because it would be stricken.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?

Opposing attorney appeared at status conference and case was dismissed based on the Intent to Relocate being withdrawn by opposing party.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. If I understand your question correctly, yes. You need a substantial change of circumstances to modify your existing plan.


  2. 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 clients in all parts of Washington. He can be reached at 206-587-3757 or at the email address at piercefamilylaw.com Mr. Pierce is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Washington law. This response is only in the form of legal education and is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Pierce strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

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