WA state child custody and visitation laws, father's right to have children visit overseas
Olympia, WA
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Posted about 1 year ago in Child Custody
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Father's right to have children visit overseas.:
My wife filed for divorce in Olympia. I now live and work in Berlin, Germany. We have daughters, ages six and ten. My wife believes she can dictate when and where I will see them.
I am looking for a lawyer now, but would love a professional opinion on a few immediate questions. 1. I would like the girls first visit to be Ocotber 25th thru November 2nd. Since I am a teacher myself, education is very important. These dates purposfully and closely coinside with a school break. My wife says no, I must visit them in Olympia. Otherwise it will be a 5 month span to Christmas till they see me again. These are unexceptable scenarios to a reasonable request. I need my daughters to visit me in MY home, not their MOM's. Berlin is my home now. What would a judge say? 2. I do not make much at my job. My wife lives in a waterfront home next door to her millianare parents who are paying her legal fees. I know this won't matter in court, but what is a judge likely to award if I ask for financial support for the traveling expenses associated with picking up and returning the girls during visits. My wife refuses to pay anything, since "moving was my choice" (this drives me crazy since the divorce was entirly her choice and I am suffering all of the reprecussions). Anyway, what would a judge say? I have bent over backwards to make this process as smooth as possible - mosltly at my expense. My wife has only negotiated with things that she either did not care so much about, or knew would not fly in court. I do not want to be unreasonable but I draw the line at reasonable time with my children but I don't know what reasonable in other cases like this is? Is asking for fourteen weeks too much or not enough? What will a judge be likely to grant if they all coincide with school breaks? Would a judge consider granting more time since the girls can attend my widely respected interantional primary school (at no cost) when ever they are here? Okay that is a few more questions than intended but I would really apprectiate some insight into this type of case. - Is this your question? Add additional information Answers (1)Forrest Lee Wagner
This attorney is licensed in Washington.
Posted 5 months ago.
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The fact of the matter is neither parent can dictate the terms of visitation to the other. You have apparently left the country, and your wife and your children stayed behind. Possession really is nine-tenths of the law when it comes to custody. You can demand visitation all you want but your wife is not obliged to agree with your vision of what an appropriate residential arrangement would be, nor are you obliged to concur with her assessment of the situation. The judge will make the decision if the two parents are not able to come to an agreement.
The question is what kind of residential schedule would the judge find appropriate for your two children. Frankly, the answer is impossible to provide in a cursory q and a forum like this, but a few general observations can be offered. First, assuming you have a good relationship with your children, and further presuming you labor under no significant parental deficits such as chemical dependency, anger managment, criminal history, mental health, etc, you will eventually be able to have your children visit you in Berlin. But some caution may be in order. You've got two pretty young children. Their comfort and security is more important than anything else, including your new life in Berlin and your desire to integrate your children into that new life. It is possible that children may have some apprehension or anxiety about traveling to a foreign country and staying there away from the other parent (who arguably is the primary parent). The children's sensibilities will be given a lot of consideration. In addition, your situation in Berlin is also subject to some investigation. I am assuming that there is nothing untoward about your relocation, but you will want to make sure that you can provide adequate assurance that your domestic situation is child-appropriate. Ultimately, if everything is in order, your kids will be able to visit you for reasonable intervals in Berlin, but even under the most ideal of situations I don't see how there could be more than two visits per year overseas. Parents who relocate a great distance from their children's hometown are going to be limited in their residential time by sheer geography,if nothing else. A week or two at Christmas, and four to six weeks in the summer is really the maximum practical amount of time in situations You also asked about the cost. The law says that long distance transportation costs associated with visitation must be proportionalized between the parties in the same percentages as the parties' respective net incomes. A couple of published cases state that apportionment is mandatory and the court has no discretion to do anything else. Another case says that the court has discretion in this regard, so there is a division of appellate authority. I think it is unlikely that a court would levy a higher percentage against you for these costs, but I guess there is a slight possibility of that if your move was frivolously undertaken without good defensible reasons. Obviously, the correct answer to your question is very much fact-dependent. Your qualities as a parent and your relationship with your chidren will govern what type of parenting plan you will end up. As always, consultation with qualified local counsel is vital to your situation.
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