Stop Move Petition - Part 2

[almostastepmom]

Hi Soc,
  In WA state and emailed you about putting a stop move on my FI's ex wife.  We wanted to keep her from moving due to the fact that SS didn't want to move into her fiancee's (now husband) house.  He wanted to live with us.
 She went ahead and moved, but never went back to court to file for a petition from the court to allow it.  So my question is,

 1. What do we do now?  Do we file something with our lawyer or directly with the courts?

2.  What will happen to her?  Is there any penlty for doing what she has or because she got married before she moved does that make it ok?

Thanks for your help!
almostastepmom

[socrateaser]

> 1. What do we do now?  Do we file something with our lawyer
>or directly with the courts?

Well, if you didn't get notice, and you can show that the other parent's move will harm the child's interests, then you can theoretically force the court to redetermine custody. In practice this is highly unlikely, but I believe that you can reasonably get some sort of sanction for failing to provide you with the required written notice. You almost certainly would be entitled to attorney fees paid by the other parent.

You must file a motion for contempt based on the statute. You can do this by and through your attorney, or by yourself, but if you do it yourself, you will have to discharge your attorney, and you will not get attorney fees as a sanction, because you're not an attorney.

>2.  What will happen to her?  Is there any penlty for doing
>what she has or because she got married before she moved does
>that make it ok?

The marriage isn't particularly relevant, but it does give her something to argue about. As for what will happen, I think you know what I'm gonna say:

I don't read tea leaves.

[almostastepmom]

We did get notice of her saying she was going to move.  That's when we put the stop move petition in place.  Doesn't she still have to go back to court, married or not, to get an order saying she can move after the judge hears both sides.  She failed to do that!

[socrateaser]

>We did get notice of her saying she was going to move.
>That's when we put the stop move petition in place.  Doesn't
>she still have to go back to court, married or not, to get an
>order saying she can move after the judge hears both sides.
>She failed to do that!

If you filed a petition, you should have had a hearing. Did your attorney do this or you? If it was your attorney, then ask why there's been no hearing. If you did it yourself, and you were represented, then it's possible that the court just isn't paying attention because you haven't discharged your lawyer. Call the court clerk and ask why there's been no hearing date set.

[almostastepmom]

Our lawyer did this for us and no we have had no hearing or heard anything from the courts?  I will call both the lawyer and the court clerk and see why this hasn't been taken care of.
Thanks