So my ex wants to take my son to alaska for the summer. In our parenting plan its states that there has to be consent from both parents. Well i havent consented to it because its 3 months i dont get to see my son. He says he is going anyways.
I'm not admitted in your state, but I think you need to file a motion to prevent the other parent from taking your child to Alaska during the summer. You should retain counsel to file a motion for contempt or other motion that is appropriate in your state.
I would need to see your plan. However, based upon your post, you can either file a motion for instructions now with the court asking the court direct your "ex' to not take the child to Alaska for the summer; or you can wait until he does so and then file a motion for contempt [RCW 26.09.160] and for an order directing the return of the child and sanctions against him.
I know waiting for the violation is not a great option. If you want to be proactive, before you can go to court you need to first attempt to submit this dispute (now) to dispute resolution under your plan (usually section V of the Plan), as RCW 26.09.184 requires you to do so (so that the dispute resolution provisions are not frustrated. If he agrees, go to this mediation and, if unsuccessful, go to court. If he does not agree, you go to court immediately.
I'd also talk to a lawyer about this problem for help and to keep pointed in the right direction.
I would suggest seeing a family law attorney immediately, to write a letter to your ex spouse, reiterating the provisions of your parenting plan, and specifically threatening a motion for contempt if he takes your son. You could write the letter yourself, but the purpose is to 1) hopeful prevent him from going, and 2) show that you gave notice and threatened contempt, with the intent of showing that letter to the court when you bring the motion. The court will not be pleased that he violated the order having been put on notice before hand.
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