What are my options if my ex doesn't relinquish children at the end of his visitation?
2 attorney answers
When a court order gives you parenting time (i.e. December 30), you have the authority to delegate the responsibility for care of the children (i.e. babysitters, relatives, etc.) If your ex is refusing to obey the court ordered parenting plan, he can be held in contempt.
See RCW 7.21,,
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It is important to sit down with an attorney and go over the details of your parenting plan before you take any action. The devil is always in the details.
Now with that out of the way, if your parenting plan says what your description suggests it says, then your ex is only legally obligated to take your child to the airport. You do not have the right to tell him to take the child somewhere else just because you think it should be easier for him.
Your ex, on the other hand, does not have the right to tell you who has to be there to pick up the child. You, your sister or any other responsible adult you choose can pick your child up. Your ex will look stupid try to say to a court you abandoned your child when you have emails saying your sister will pick the child up and your sister is there at the airport.
So have your sister pick up your child at the airport on December 30th.
But it is probably also worth having a local attorney lined up to help if your ex decides to try and withhold the child. It can easily take a week to get in to see a new lawyer in Clark County these days. You do not want to have to start looking on December 31.
I really hope that helps.
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