When the parenting plan doesn't say who picks them up from school what is the default?

Asked over 1 year ago - Seattle, WA

Our parenting plan only says the father picks them up from the mothers home by 3:45pm, but there is no bus that drops them off. I pick them up on my days (and his days- but because its a new school we cant humanly make it there until min. 3:55pm depends on seattle traffic downtown) These are his visitation days would it not be his responsibility to get them on his days? we share 50/50. But I am the primary. He has them Wed-Mon morning every other wk, but gets them at my home due to the school.

Attorney answers (3)

  1. Dave Hawkins


    Contributor Level 20


    Lawyer agrees

    Answered . There is no default. You have a badly written PP and you need to take action to fix it either by agreement or mediation. If you cannot agree and try to go to court, the Commissioner wll not be happy with you so you should do something to resolve the issue without court action.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This... more
  2. Thuong-Tri Nguyen

    Contributor Level 20

    Answered . If the parenting plan states that the father is to "pick [the children] up from the mothers home by 3:45pm", it would seem to me that it would be the mother's responsibility to have the children ready to be picked up at her house by 3:45 PM.

    If there is a new school, the parents likely need to work together to change the parenting plan to meet the new reality.

    On another hand, some parents are inflexible and are always looking for ways to cause troubles.

    You should review the parenting plan carefully to see what its provisions on dispute resolutions are.

  3. Bruce Clement


    Contributor Level 19

    Answered . No one is required to pick up if the parenting plan is silent on that issue. You may have to file a motion or petition for a minor modification to remedy this defect. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on parenting plans and visitation for more information about the legal issues raised by your inquiry. Click on my photo. On my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful.”

    This AVVO Answer is provided for general educational purposes only. By using or participating in this site you... more

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