her reason for moving is school...however i have written proof via an online forum that she plans to do so out of spite and to get away from me...would this help me in court? also how many offenses of her keeping my son from me on scheduled visits does it take to have a custodial interference charge looked at seriously? it is an ongoing problem. thank you
Family Law Attorney
If you have court ordered residential time with your son, te mother is obligates to give you formal notice of her intent to relocate, which triggers your right to object to the move. If you believe thatshe is not going to give you formal notice, you are legally permitted to file your objection to her relocation and seek restraints against the relocation even though she hasn't made a formal notice.
Once that process is underway, the court is directed to consider a number of factors in deciding whether or not to permit the move. Check out my avvo guide on opposing a relocation for some information on the factors, the process and strategic considerations. Some of the factors may be Impacted by information that indicates that her motivation for moving is perhaps improper or that she is acting in bad faith in proposing to relocate.
As far as custodial interference is concerned, there would generally need to be an extended denial of contact or an effort to hide the child before criminal charges would be considered. However it sounds like you may have grounds for contempt, and if her actions are having the effect of significantly interfering with your court ordered residential time, you should consult with an experienced local attorney about bringing a contempt action.
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Divorce / Separation Lawyer
The prior attorney has provided some good information. You may go to RCW 26.09.520 to review the factors that the court is to review on a request to relocate. It is important to review the statutes (RCW 26.09.405-915) to understand the rekocation process.
The other parent may be in contempt of court for not aloowing the children to be with you on your PP time. Two contempt orders in a 3 year period of time may justify the court in modifying the custodial arrangements (RCW 26.09.260(2)(d)).
I would suggest that you contact a family law attorney and get a 30 minute free consultation. You may contact my office and I will be happy to discuss the issue with you right away.
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.