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Division of property ?: 1. Divorced a year ago ( Finalized in Pierce County Seattle as I resided in Kansas)
2. No contact since.
3. Call a year later wanting stuff out of my parent's shed left behind he said he didn't want
- We had no property to split.
- I am selling my parent's house for them
4. History of violence
5. Family adamant on traveling from California to Kansas to retrieve it
6. I don't want to call law enforcement, but if I have to I will.

Anything in my possession at time of finalization is mine?

In our decree it states. ( checked box)
" Respondent's Personal Property: The personal property that Respondent ( Me) has or controls is given to Respondent as his/her separate property. No transfer of property between Petitioner and Respondent is required. "

Anything in my possession at the time of finalization is mine?

Thank you for your time.

Asked about 2 years ago in Divorce

Boaz’s answer: The decree states that personal property you have or control is awarded to you. However, the personal property was located in your parent's shed, so there may be dispute as to whether the decree term applies since it was in your parent's possession, and possibly their legal control.

The decree, separately or combined with other filed orders, may show it was mutually understood that your parent's were simply storing it on your behalf and you had sole legal control of the property, and/or there was mutual intent to award that property to you. In that case, the property award applies. If not, he could adjudicate the issue. A lawyer would need to know more facts before offering an opinion.

What he cannot do, however, is unilaterally (or send others on his behalf) attempt to retrieve the personal property he now claims is his, and/or trespass on your parent's property, especially given his history of violence. He needs to address any legal dispute in court. If/when you call law enforcement, that's exactly what they should tell him.

Answered about 2 years ago.

Can my son's dad change my son's school without my consent?: We have split custody and because of my ex moving we agreed to change my sons school in my district. It was more geographically and because of work schedules more logical. My son has been at the school now since September. We verbally agreed on this without changing the parenting plan. He is now threatening to change my son's school because of a disagreement. Can he do this??

Asked almost 6 years ago in Child Custody

Boaz’s answer: You will need to clarify the facts before a solid answer can be given. That said, assuming you have a "split-custody" (i.e., 50/50 shared residential) parenting plan order from Washington State that includes standard joint decision-making for educational decisions, a change in schools will require agreement of both parties. Even if you don't, however, unless the parenting plan order provides otherwise, an opposed change in schools will typically require filing a petition for modification and subsequent court order authorizing the change in schools before it can be done. It is not in your child's best interests to keep moving from one school to another without a good legal basis for it, and mere disagreement on an unrelated issue is clearly not enough.

Answered almost 6 years ago.

Does a court have the power to modify the parenting plan, and mandate parents to go for arbitration instead of mediation on almo: Parenting plan says mediation, typically fails. It's a waste.

Asked almost 6 years ago in Family

Boaz’s answer: A Washington State Family Law Court generally has the legal authority to modify a parenting plan or custody decree if the party seeking modification can provide a legal basis (i.e., "adequate cause") to do so. The full scope of legal bases to justify a modification action are in Revised Code of Washington (RCW) 26.09.260). If, at the show cause hearing, the court rules there is a legal basis (i.e., "adequate cause") to modify the plan, the case moves to the discovery stage where information is obtained for purposes of settlement and, if necessary, trial.

In King County, and many other counties, following the discovery stage and prior to the trial date, the parties must attempt to resolve disputed issues through a form of alternate dispute resolution (i.e., mediation or arbitration). However, unless the parties agree to arbitrate, mediation must be attempted instead. Arbitration is not mandated. It is optional and requires both parties' agreement.

Answered almost 6 years ago.