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I was just served with a temp restraining order, an injunction to keep me from taking my child out of state.

Kent, WA |

I live in WA state, and have a potential job offer, with possibility to get a free education in GA. I am married, and all of my husbands family lives in GA. I have custody of my son, 8 yrs old, and my ex just served me with an injuction to keep me from leaving the state, but also with a temp restraining order ( he has the kids for summer vacation) keeping me from being able to speak, or see the kids. I am not even allowed to pick them up for visitations until 8/22/12, then its up to a judge. Apparently, his attorney advised him that he will get full custody if I leave state, because all of his family live in WA. How is any of this possible? Is he able to keep me from speaking to or seeing my children? Is that even legal, or in the best interest of the kids?

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Attorney answers 3

Posted

You need to retain an experienced family law attorney immediately. The court has already granted 2 important requests of your ex husband and your side needs to be argued now. Don't attempt this on your own.

Posted

If you have an ex, then you should have a parenting plan (if in Washington). If that is the case, then bring your parenting plan to an attorney's office in your county for review of paragraph 3.14, which should be labeled "RELOCATION." If you do not have a current WA parenting plan, then I would give =written notice that you plan to leave the State because you need to relocate for employment reasons. The confusing part of your question is that you say that you have "kids" (plural), but custody of your son. This can be cleared up in your first attorney-client meeting. Curios - what county are you in, what court signed the parenting plan, and who is the attorney that said he will get full custody if you leave the state? (which is not correct).

Asker

Posted

We have two kids together, my daughter is 10, and in March decided she wants to live with her dad. We have never had a parenting plan, I have always been open with visitations with the kids, one was never established. I live in Grant County, and my sons legal residence was with me-no I do not have any order stating that. He also got a temporary restraining order, stating I am not allowed to contact the kids, or disturb them until the hearing date on 8/22/12. The Attorney is Jennifer A. Wing-his attornye. I am just shocked that he can get a restraining order preventing me from even seeing my children, or even talking with them. I am shocked that this could even happen! I plan on getting an attorney Monday, not sure who or where to go, or even what to do. I am just highly confised, and trying to figure out if I need to call and cancel my new job, and all travel arrangements- amounting to a loss for my family of over $3500, and no where to live in WA now. Our house is sold, and the move was scheduled 8/3/12.

Asker

Posted

The hearing is set for August 22, in Kent, WA. I will be flying back from GA to attend the hearing, and will not have a vehicle, is it possible to get a change of venue on the case, to have it heard in the county in which I reside?

John Stocks

John Stocks

Posted

What county? Jennifer Wing does not sound familiar. John S. Stocks VSSF Lawyers

John Stocks

John Stocks

Posted

Hey, that is my birthday. The Kent is 5 minutes from our office. You can try to change venue, but I wouldn't get my hopes up. John S. Stocks VSSF Lawyers

Asker

Posted

It is in King County, I reside in Grant County at the moment. I looked up Jennifer, and she is in Tacoma. I was also reviewing information in the file that was served, and his lawyer stated nothing can be turned in, after August 2nd-13th, because she is not avaiable. Is that legal, I should have the right to reply within in 20 day limit, regardless of his lawyers availability, he shoudl get a different lawyer then, right? I am looking for an attorney right now, just to have a consult with, go over information, and decide whether I stay or go. Again, trucks rented, plane tickets are bought, and now I am not sure what my next step should be. Most of the restraining order statement, is full of lies, and craziness. I just want to be able to talk to my kids, and see them. I pose no flight risk, I have never kept him from seeing his kids, and I would even be willing to stay in WA while my husband takes our other two kids to GA just so I can see them. I am not sure how any court could order me no visits with my kids for a month, including phone conversations, because my ex is "scared of what I might do." Also, the kids keep calling me, should I talk to them? They are the ones calling me, I am not calling them, but I am afraid he will say I broke the restraining order.

John Stocks

John Stocks

Posted

Free consult with Jeff Caffee, Janel Ostrem, or me, John Stocks (Team JJJ). The sooner you get in, the sooner we can: (1) understand your situation fully, and (2) design a plan of action that resolves this bizarre strategy. It is sometimes innocent that attorneys leave on vacation, but other times, it is intentionally timed to create a lag in court action. 253-859-8899 John S. Stocks VSSF Lawyers

Posted

Your custody order would be subject to Washington's RElocation Act. RElocations are complex and should not generally be attempted without counsel. Seek a family law attorney immediately. You can also discuss with him/her options to modify the no contact provisions of the restraining orders prior to the full hearing.

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.

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