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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7454
Experience:  Experienced Family Law Attorney
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I live in the state of WA and have been divorced for 3 and a

Customer Question

I live in the state of WA and have been divorced for 3 and a half years. We have 3 children. We had a case manager assigned to our case to help us follow the pp. which favored my ex husband due to a fraudulent parent eval. We didn't go to trial and should have but my ex:blackmailed me into signing the pp and financial plan together because I went to his house to return a carseat after mediation when he wouldn't settle and he called the police saying I violated the restraining order. We both always went to one another's homes. The case manager order stated she was on for two years. His attorney doctored the order to read she would stay on until both parties agreed to dismiss her or court dismissed her. She has been biased from the beginning, believed the hearsay he tells her, would write false reviews stating I was causing conflict with no evidence. I completed the court ordered requirements the fall of 2013 but she refuses to dismiss herself and my ex pays her to basically punish me whenever he feels like it. All money related as he tries to withhold the children from me in this phased approach which ended after the first year when the court ordered requirements were completed. He is in contempt in numerous occasions for withholding children, then trying to set me up by calling the police or just recently cps? The children tell me and said dad tells them not to tell. This is my 5 day weekend he has my youngest all weekend at a ball tournament and thinks he is keeping him until the case manager says its ok. I need some sort of emergency court order to have my children returned and the case manager dismissed who acts like a guardian Adleidum being paid to be my ex's puppet on a string. Two years ago when she violated her role as case manager I hired an attorney to file a grievance which I still have. She disappeared for a year then reappeared when I didn't file it. There must be some sort of statue of time limitations to remove this woman.
Submitted: 12 days ago.
Category: Family Law
Expert:  LegalGems replied 12 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 12 days ago.

I am very sorry to hear this; that must be very upsetting especially with the holiday season. So basically a court order regarding children can always be modified, based on a change in circumstance. If the case manager is not acting without bias/prejudice, that is grounds for removal. You mention that an attorney was hired and then the case manager disappeared -this would apparently be in breach of the court order, as the court order states that the case manager will act as case manager until further court order or agreement by the parties. Voluntarily leaving would give cause for one parent to bring a court motion requesting that the case manager be dismissed, and a new manager assigned if the court deems that appropriate.

As for emergency orders, those are typically only made when there is risk that the child will be placed in imminent harm. If that is not the case, then the proper method is to seek a contempt citation if the other parent is violating the court order (ie denying court ordered visitation). A contempt citation requires a knowing and willful violation of a court order, and can result in sanctions such as daily fines, the award of legal fees, even jail time. It must be knowing, and willful.

Also, the refusal to allow court ordered visitation can be the basis for requesting a change in custody/visitation, as that may be deemed parental alienation. Normally the court looks with disfavor upon the parent that is negatively affecting the child's relationship with the other parent, as that is deemed against the public policy interest of a child have an ongoing and continuous relationship with both parents.

A parent can request a guardian ad litem:

http://apps.leg.wa.gov/rcw/default.aspx?cite=26.12.175

basically an attorney for the child, to ensure the child's best interests (versus a parent's best interest) is being advocated for.

Similarly the court may either order the child to undergo evaulation or to meet with the judge in chambers, to see how the children are dealing with this, and make the appropriate orders.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 12 days ago.

Forms for modification are here:

https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=32

information on contempt is here:

http://www.washingtonlawhelp.org/files/C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/attachments/3924DBC5-D3F6-EA9C-59A8-32E54CCBA96A/3107en_contempt-of-court-in-family-law-cases-the-basics.pdf

Customer: replied 12 days ago.
Hi- I understand there is a book of rules and regulations for case managers, parent evals, guardian adleidums, people who work for the court or privately hired are to follow. Can you let me know what section the case manager would fall under? Can you steer me in the direction of case law to support my grievance I will be following up filing from 2014. The endless inconsistency, biased opinion, and complete gray area on her role to try to suppress me at all costs when my ex wants her to. We had a phased approach the first year where I had to complete the court orders and see a therapist a year of UA's all to prove I was compliant with no issues. In the fall of 2013 I was in the final phase for almost 50/50 with the kids. She wrote me off and was in the background. A year and a half later my ex tries to set me up because he wants me to pay child support that was deferred and I told him I have the children actually more than 50 percent so it needs to be modified ti 50/50. It was deferred the first two years. He has spent the last two years trying to set me up or harass me with the case manager who pops in and out when he asks her to with no rhyme or reason. I am supposed to pick my youngest up at his home tonight or he is to deliver him. What should I do? The police can't do anything unless its an emergency physically but I feel this is emotional abuse to all of us. Do I take the other two to his home tonight as the case manager is telling me to. I don't want my youngest alone but I don't want conflict. I can meet with an attorney tomorrow. I need someone who specializes in this type of thing with case managers. Ca you recommend someone in Seattle or Bellevue?
Expert:  LegalGems replied 12 days ago.

There is a grievance process if one wishes to report the case manager; please see:

http://www.kingcounty.gov/~/media/courts/JuvenileCourt/documents/dependency-casa-grievance-process.ashx?la=en

http://www.kingcounty.gov/~/media/courts/JuvenileCourt/documents/dependency-casa-program-complaint-form.ashx?la=en

Each county has their own form. Not all counties have this program in which case the court would appoint a guardian ad litem.

13.34.100 deals with this issue and allows a parent to make an objection - please see:

http://apps.leg.wa.gov/rcw/default.aspx?cite=13.34&full=true

The police will enforce a parenting order if the order is clear-so for example if mother has the child from sunday 10 - 5 pm pursuant to a court order, the police will enforce that. If the court gave the case manager authority to settle disputes that arise out of court hours, then that would need to be complied with but if there is ongoing bias their authority can be challenged in court.

Case law is a premium service and I'm not set up for that. If you open a new question and note that case law research is being requested, if an expert is online that does that they will respond with an offer.

Per my agreement with the site, I cannot give specific referrals unfortunately- but an attorney can be located here:

http://www.wsba.org/resources-and-services/find-legal-help

and one can check online reviews at sites such as lawyers.com, martindale.com, avvo.com

Expert:  LegalGems replied 7 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!