if my daughters mother and i both live in the same district and she is moving out side the district can i file contempt of court or anything if our daughter starts school this fall which is just months before the intended move? the PP states "if the move is outside the childs school distric, the relocating parent must give notice by personal service or by mail requiring a return reciept. this notice must be at least 60 days before the intended move." she is packing now according to our daughter and I have not been given any information of when they are moving or where.
can I file contempt if i am not informed of a district change/move before the child starts school but is changing districts in which she qualifies for now?
Family Law Attorney
Its not a contempt matter at this point. You wouldneed to do an objection to the relocation and file a motion to restrain the move. There are very narrow time limits for this. I suggest you contact local Family Law counsel, as these can get complicated.
This post is not meant to be legal advice for a specific situation. Additionally, it does not constitute an attorney client relationship. It is always recommended that you consult with the attorney of your choice before taking action which can affect your legal rights.
Family Law Attorney
Your daughter's mother is relocating your daughter to a new district. She is required to give you timely notice of the relocation. The above quoted part of the parenting plan is explaining how she must give you notice. You have 30 from when you received the notice to object to the relocation and/ or move to modify the parenting plan. There are 11 factors in determining whether or not a relocation will be allowed under RCW 26.09.520. The presumption is that the relocation will be allowed, but the objecting party can rebut that presumption. A relocation is grounds for revisiting the PP, so you may want to consider modifying in order to maximize visitations depending on how far your daughter is moving. Relocations do get complicated, and I strongly suggest you consult with a local attorney right away. I offer one free hour long consultations, as do many other attorneys. Feel free to call our office at 360-737-1492 if you want to schedule a consultation. Best of luck!