I filed a petition to relocate my children to a different state with the courts and my ex was served. My ex along with his atty sent the objection by mail on the 30th day and per the RCW it states there is a 3 day waiting period. He did not use any legal forms that I'm aware of - is this grounds for an ex parte?
State/Country relating to Question: Washington
I have an attorney who is new to family law and we aren't sure which way the commissioner will go with things. I would just like to know how to research the law and what courts will or will not bend on.
Thank you for using Just Answer. I am a licensed attorney with experience in family law matters. I will be happy to assist you with your question.
You mentioned that you would like to do additional research on Washington state law on the topic of child relocation. Here is a link to some very good information that you can read through:
Each county in Washington state is supposed to have developed a form that is supposed to be used when a party wishes to file a relocation objection. There is also a standard statewide form that can be obtained from the State Courts' website. If either of these forms is not used, there are two other ways for an objection to be filed: either 1) a petition for modification of the parenting plan pursuant to relocation, or 2) some other court proceeding, such as a motion for a temporary order, which would provide adequate grounds for relief. A letter to the judge or to the relocating party is not sufficient to satisfy the objection requirement.
RCW 26.09.500 provides that after the 30 days has expired (with a 3-day waiting period if the objection was served by mail), either party may request an ex parte hearing and file with the court an order modifying the residential schedule in conformity with the relocating party's proposed visitation schedule. So, in answer to your question, it is up to the court to determine whether or not the objection is sufficient under Washington law, but at any rate, Washington law does allow you to request an ex parte hearing.
Hope this helps.
To clarify, my ex and his attorney sent a letter to my attorney with a heading on it that said "Objection to relocate" and it stated that they were doing additional research. I do not think they filed anything with the courts. A week ago his atty called mine and let him know he'd be receiving paperwork in the mail. What we received was a letter and basically a decleration signed by my ex. It stated in the letter he'd be requesting a guardian at lietem for my children but basically what you have researched is if he has not filed ANY form with ANY court within the 30 days then it's grounds for ex parte and the court could finalize my paperwork, is that correct? THANK YOU SO MUCH.
Yes, that's how the statute reads. If an objection is not filed (and in my opinion, it doesn't sound as though the paperwork submitted by your ex's attorney qualifies as an objection) within the 30 plus 3 days (for mail notification), you can request an ex parte hearing, at which time the judge may finalize your paperwork.
23 years of experience; former prosecutor, magistrate, child support attorney
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