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Mother has legal custody and father was recently given temporary custody, procedure under WA laws to get child back
if you have a valid court order that gives you custody or residential time with the child, and the father is in violation of that order, you have 2 legal options: contempt of habeas corpus.
contempt is easier, but you won't get law enforcement to go look for the child. follow these steps:
1. prepare motion / decl for order to show cause re: contempt.
2. prepare proposed order on show cause re: contempt (this will set out return hearing
3. call your ex and tell him you will be going to ex parte to obtain the show cause on a certain date and time. better yet, email him so you have proof that you notified him.
4. go to ex parte at the appointed time and obtain the order
5. serve copies of motion/decl and order on father
6. note the return hearing on the fam. law motions calendar
7. confirm hearing 2 - 3 days ahead of time
8 attend the hearing, bring a proposed order on show cause re: contempt
to prove contempt, you need to show the other party had
1. knowledge of order
2. ability to comply with the order.
many courts also think there is a bad faith element, which i think is a combination of the first 2 factors
the sanction for contempt is make-up residential time and/or money. if the court finds contempt, it must also impose a sanction.
2
What lousy answers by the two attorneys. Neither asked whether during the time the child was with the father whether there was a bonding that occurred. Perhaps the child is in a better situation and more stable situation now with the father during this time. Perhaps rather than the mother demanding a "return" of the child she should decide whether to change the custody arrangement into a joint custody rather than she having full custody. This may work out better for the parties rather than a full fledged legal battle that will leave battle scars and in the end is not in the best interest of the child.
The answers provided by the attorneys are setting this up to be a combat rather than perhaps finding a mediated settlement. The legal battle should be the last resort. Just handing over a child and demanding the child back could be considered "bad faith" as well. This situation may not be as "cut and dry" as the attorneys assumes it to be. Obviously the mother felt it was in the best interest of the child to have the child stay with the father for a period of time.
