I'm a non-custodial parent, and my ex moved to a location where visitation is almost impossible. What can I do to see my son?

Asked almost 4 years ago - Spokane, WA

I am not very good with court stuff. I am in good standing with the State. My ex, the custodial parent, took my boy to another part of the state where it is impossible for me to visit very often. What can I do to see my boy?

Attorney answers (2)

  1. Joshua Nihan Foreman

    Contributor Level 6

    Answered . To the excellent answer above I would add this: the ex is in contempt if he or she failed to give you the required notice of the intended relocation.
    Any noncustodial parent who receives a Child Relocation Act notice, and who objects to the relocation, should IMMEDIATELY object AND file and serve a temporary restraining order on the other parent.
    I represented "Dad" in a Child Relocation Act objection mock trial, that was decided by a real Superior Court judge, at a King County Bar Association CLE (I won). If you object to the relocation of your child, you should contact me or another lawyer who is experienced in relocation cases immediately.
    PLEASE READ: I am not your attorney. No attorney-client relationship is created between you and me by you reading this answer. My analysis is based on Washington State law and the limited facts available to me; you should get your own lawyer and take that lawyer's advice after he or she has all the facts.

  2. Elizabeth Rankin Powell

    Contributor Level 20

    Answered . You file a Summons and Objection pursuant to the child relocation statute. The forms are on the forms page at http://www.courts.wa.gov Your ex cannot move out of the school district where she resides without notice to you and the court if you object. If the situation warrants, the court can reverse the primary residential placement. This is simply not self help law. I can happily refer you to Kelly Padgham in Spokane, she can help you.

    Hope this helps. Elizabeth Powell

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