relocation of the child case

[Dez]

Greetings Soc,

My case currently is about a relocation of the child gone bad. My (almost 11 year old) son was moved 2,700 miles away 18 months ago, and I have not seen him since. I objected to the relocation, but lost the fight because I failed to file a motion to restrain the move.

The mother has been in contempt re failure to mediate, interfering with visitation and not making the child available for our phone visits.

I have slowly been putting a case together to address these issues, and was also going to seek custody of my son. I have detailed phone records of over 30 missed visits, taped statements from my son re his treatment and living situation.

Everything mom said in her declarations in support of the relocation, and those of her friends were not true, and time has proven that. My son's step father can't stand him. Mother's marriage is on the rocks and she has literally been living downstairs with my son for almost 3 months.  

My son hates his school, homelife, etc. A very bright, gifted, articulate child, the school is already talking about failing him this year. He almost did last year, but went to summer school. He has only his mom there, all other family and loved ones are here. He told me he feels unloved by his mom, and thinks about running away all the time.

 

Currently, my son's mom wants me to write her a letter stating that I want our son to live with me. If I write her she will do the legal paperwork and put him on a plane. This has been relayed to me by my son...mother won't talk to me. He said she wants a letter and an email won't do.

I kind of feel like she's jerking us around again. She told my son to call me and ask me if I wanted him just over a year ago, and the next day told him no way would she let him live with me.

I am thinking of just moving forward with my plans to seek custody myself. At present, we have a Temporary PP, and WA state has jurisdiction.

Questions:

1. Are the declarations of a party (re relocation) considered as changable  circumstances? (IE, stated advantages, conditions, etc.)

2. Do you see a significant change of circumstances here?

3. Is there an emergency order which I can seek for immediate return of the child?

4. Considering the mom's offer, how would you proceed with this?

Sorry this is long...but it is really a much longer story.

Thank you for your time.

[socrateaser]

>Questions:
>
>1. Are the declarations of a party (re relocation) considered
>as changable  circumstances? (IE, stated advantages,
>conditions, etc.)

Declarations are allegations of fact. They are presumed true, but subject to impeachment by the adverse party or disbelief by the court.

Changed circumstances are those that clearly affect the child's best interets, apart from how those circumstances affect the parent(s). A move that's granted, is not a change, because the court granted the move. If the child's grades have deteriorated since the move, that would be a substantial change affecting the child's best interests. Is it enough? By itself, no, but with other proof, maybe.
>
>2. Do you see a significant change of circumstances here?

"Substantial" change. (legally, substantial means "clear and convincing.") "Significant", legally, means "noticable change," and that's not enough.
>
>3. Is there an emergency order which I can seek for immediate
>return of the child?

Emergency order requires proof of actual or likely imminent irreparable harm. I don't see anything in your facts that proves this is about to occur.

>
>4. Considering the mom's offer, how would you proceed with
>this?

There is no legal reason why the other parent would need your letter stating that you want the child to live with you. Tell her to send you a signed and notarized statement that reads:

"The parents, having bargained in good faith, and at arms, length, free from any undue influence, both voluntarily agree that their minor child, CHILDSNAME's, best interests will be served by his father, FATHERSNAME, being designated primary custodian by the court, and that transfer of the child into father's custody should be ordered to take place immediately."

When you get the signed statement, sign before a notary, and then file it with the court with a motion requesting that the court make appropriate orders consistent with the parent's wishes and the child's best interests.

DO NOT SIGN BEFORE THE OTHER PARENT SIGNS. I don't know what she may be up to, but I don't think you should take any chances.
>
>Sorry this is long...but it is really a much longer story.

They're ALL longer stories.

[Dez]

Greetings Soc,

Thank you, and very good advice as always. You are a wealth of helpful knowledge and a Godsend to us folks that need legal advice but don't have a Lawyer on retainer.

Re your response to my queries:

1. What form should the statement from mom be in? (IE, bracketed format that is used for court doc's, or informal as in a letter form?)

2. Should the case number be included?

3. If the formal bracketed format is needed, what would you title the doc?

4. The PP would have to be amended or re-written, support orders amended/changed. When should these changes be considered?

Thank you for your time.

[socrateaser]

>
>Greetings Soc,
>
>Thank you, and very good advice as always. You are a wealth of
>helpful knowledge and a Godsend to us folks that need legal
>advice but don't have a Lawyer on retainer.
>
>Re your response to my queries:
>
>1. What form should the statement from mom be in? (IE,
>bracketed format that is used for court doc's, or informal as
>in a letter form?)

Ideally you want a stipulated court order, so all the judge need do is read it and sign it. If you can't get that level of formality, then get a letter, and use it as evidence to support your motion for an order. Then, the mom can write a response to your motion, stating that she doesn't oppose entry of the order, and the court will sign.

So, you can go either way.

>
>2. Should the case number be included?

That would be good.

>
>3. If the formal bracketed format is needed, what would you
>title the doc?

"Stipulated order re Custody and Parenting"

>
>4. The PP would have to be amended or re-written, support
>orders amended/changed. When should these changes be
>considered?

All in the same stipulated order, if possible. Just write the whole thing up and file it with a motion for entry of stipulated order re custody and parenting. You can even request it using a "joint motion" for entry, which means that both parties sign the motion and then the court will not wait for any response from the other party, because it will already be there in the motion.

[4honor]

http://apps.leg.wa.gov/RCW/default.aspx?cite=26.09.260

[Dez]

Thank You. :)