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My son is in the midst of a divorce. His wife says her lawyer

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My son is in the midst of a divorce. His wife says her lawyer has retained an injunction against him, stating his daughter is afraid of him and he has been telling her about the divorce proceedings, which are lies. He has not received any paperwork, though it appears to me he should have been served by now - it has been atleast 4 days. The divorce papers are due to be signed on Monday (tomorrow), but now he cannot attend the proceedings because of the injunction and must depend on his lawyer to speak for him. His lawyer seems somewhat intimidated by the opposing lawyer because he was her mentor when she was in law school. Is there anything that he can do to reverse this injunction? Isn't there supposed to be a court date for him to respond to the injunction? She is saying she will leave the state (Washington) as soon as the divorce decree is signed. Should he sign? Thank you for your help in this matter. Laura Note: His daughter is 8.
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
Yes, if there was an injunction he would have been served and notified of a court hearing regarding the injunction. Although a temporary injunction can be issued without a court order, he would need to be served and given a court date for a formal hearing. Further, if they have agreed to issues regarding custody and visitation, those would then to be changed if there is an injunction in place.

As to relocation, unless both parents agree or the court approves, she cannot just pick up and move to another state as that impacts the father's rights to any share custody or visitation arrangements. Generally a parent wanting to move would need to petition the court for approval and would have to change the parenting arrangements or else they would be in contempt of court.

I would agree that he not sign anything without verifying the status of this injunction and relocation. He should carefully review his divorce papers or any settlement agreements he may have to make sure he is not agreeing to any relocation or request for injunctions in those papers.





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Customer: replied 5 years ago.

 

Thank you for your prompt reply! Would you double check to see if in the state of Washington he has to agree to her leaving the state? He has been told there is nothing he can do to stop her. Also, the parenting agreement between them has not been signed yet, so I take it that now would be the time to put in place anything concerning her move (if he agrees) like who pays airfare, whether his daughter would fly alone, etc.?

Expert:  Attorney & Mediator replied 5 years ago.
Thank you for your reply.

Yes, he should make sure specific terms regarding relocation and travel expenses, etc...

As to the statute you can access those below. In a nutshell, she needs to issue notice of relocation within 60 days before the proposed relocation to give the father 30 days or more to file objections and set the matter for court review.

Quoting Washington laws on relocation:

NOTICE REQUIREMENTS AND STANDARDS FOR PARENTAL RELOCATION
26.09.405Applicability.
26.09.410Definitions.
26.09.420Grant of authority.
26.09.430Notice requirement.
26.09.440Notice -- Contents and delivery.
26.09.450Notice -- Relocation within the same school district.
26.09.460Limitation of notices.
26.09.470Failure to give notice.
26.09.480Objection to relocation or proposed revised residential schedule.
26.09.490Required provision in residential orders.
26.09.500Failure to object.
26.09.510Temporary orders.
26.09.520Basis for determination.
26.09.530Factor not to be considered.
26.09.540Objections by nonparents.
26.09.550Sanctions.
26.09.560Priority for hearing.



_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Customer: replied 5 years ago.
Thank you again, you have been very helpful!! Just one more quick question - Can he file an injunction to keep her from leaving the state since no notice of a planned relocation has been filed to his knowledge?
Expert:  Attorney & Mediator replied 5 years ago.
No an injunction is not used this way. If she leaves, he would need to file a motion for contempt for violating the state law and force her to return to answer for the violations and possible change in custody if she refuses to return.

His lawyer should be helping him with all of this. If she is not good, I would suggest he change lawyers.

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Thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.




Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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Customer: replied 5 years ago.
Thank you so much you have been very helpful.
Expert:  Attorney & Mediator replied 5 years ago.
My pleasure to have assisted you. All the best to your son.

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