SPARC Forums

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I was talking to a co worker today, her DH was awarded physical custody (in MT) partial due to mom trying to commit suicide.

In CO it states BM would get TEMP custody of child while Ex was deployed to IRAQ, upon EX returning he was to regain primary custody.

He has returned and she has moved to WA State (without consent). She has now been in WA for 4 months (WA is NOT father friendly)

1)How does he go about getting his kids, his attorney isn't doing anything.

2) Couldn't he register his order in WA and have the Sheriffs office escort him to get his kids??



**These are my opinions, they are not legal advice**

>1)How does he go about getting his kids, his attorney isn't
>doing anything.

Make a written demand that the other parent return the child within three days, and then file a motion for contempt with your county court if she fails to do so.

>
>2) Couldn't he register his order in WA and have the Sheriffs
>office escort him to get his kids??

Yes, but, because in order to get an enforcement order in WA, you must first file a motion for a hearing and let the other parent explain her position, you will then be bound up in a WA court battle.

But, if you file your motion in MT first, then the WA court will not be able to make any orders, unless your ex fails to tell the court that a MT action is pending. And, if she doesn't, then you could bring that to the WA court's attention, which would cause the court to likely dismiss the mother's action, if it occurs.

Then it will be up to the MT court to decide if you should maintain custody, but at least you would be fighting your case close to home.

Thank you, I wll pass this on to her.

**These are my opinions, they are not legal advice**