Help in Washington State

[twosilly]

case is in WA

I am the aunt in need of much information. This case regards three children. A 14 yr old boy and twin 10yr old girls. All of whom have been uprooted and moved to California 6 weeks ago, to live with Father and stepmother. The children do not want to be there.

The 13 yr old (14 now) has cried to me on the phone, he does not want to be there, he went to the judge to be heard, the judge felt that the 14 yr old needed to make amends with his father. This is not whats happening. The hate in his voice is worse than ever. He asked me to find out please what he can do to make the court listen to him.

The father is now punishing the kids for their "attitudes". They have been cut off from friends, family and all activity's. The 14 yr old has stated to me personally that he will not try in school, and quit all sports.

The children have been allowed less than 10 hours of phone calls collectivly to their Mom, grandparents, and my son and I  in the past 6 weeks. These children have been raised in the same neighborhood as us for their entire lives.

The custoidial parent is requesting No Parenting time occur even thought tickets have been purchased with the required amount of prior notice to the custiodial parent. That the cp requests that parenting time be denied until further notice from the court.

There is a hearing scheduled for tomorrow but you all need help in how to adequately deal with this "No contact". Orig the cp parent allowed a cell phone to be purchased for the three children prior to the move. That it was hidden on the upper shelf of the daughters closet. That they moved to CA to live a minimum of 3 weeks in two motel rooms and now are in a home but continue not to be allowed contact with their mother.

How to address the courts in the most effective way to assure parental contact for the children with both parents and relatives, friends given their situation ? How can I give the help that the 14 yr old boy has asked of me? What can I do to give him hope that this is not forever?

Thank you for any advice in this matter... Aunt Si Si





 

[wendl]

Twosilly,
I am in WA state as well, what court (county) are you dealing with??


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

[twosilly]

Snohomish County... Everett courthouse.

[wendl]

lol my case is also in Snohomish County. I have had great experience with a few of the commissioners there, usually we have gone before the same one.

I will pm you later with a name of a good attorney in Everett.

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

[twosilly]

I have a question, at what age can a child retain a good lawyer? someone to speak for him in the world of adults?
I honestly hate to see a 14 yr old boy growing up with this much hate
towards the legal system.

twosilly

[wendl]

Ok thru the courts mom is the ncp and dad the cp right.
What is the current visitation order now?

I would suggest at the next hearing that you request the court to order kids in counseling AND a GAL be appointed. A GAL basically helps determine what is in the best interest of the children, they usually go to both residences to see the homes etc.

How long has dad and kids lived in CA, did the cp file with the courts an intent to relocate the chidlrent and did the ncp object to this???


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

[twosilly]

Yes, through a court hearing ending July 23rd, the father is cp, mother is ncp, the kids then left with their father (who was in the process of moving out of the neighborhood here) to CA.
The first new parenting plan is just being finished up as i type in the court, (new being since the divorce was 5 years ago) and i believe the kids get to come up this friday to Sunday. They get to come up Thanksgiving/ then Christmas.
My sister tried to get a GAL in July, the attorny's and judge would not let it happen.
The dad and mom have had split custody till July for 5 years with the father taking a new job in Ca. Kids beds etc were at dads, so kids slept there more. The court appointed Dr for the kids to see and both parents, said kids would be better with dad. She was not counseled well prior to that appt. He was.
The ncp objected very loud, judge only heard this Dr., and even misquoted the Dr in the final papers. The ncp then became the ncp.

does this help explain?

[NWMom]

Well I too live in WA state in Pierce County.  There are some questions you first have to answer before any good advice can be given.

1 How is it the mother became the NCP?

2 Was there permission granted by Mom and Court before the move?

3 Where in CA are the children now? (County)

4 Which court has jurisdiction WA or CA

5 What is it exactly that Mom would like to see happen? ie change in custody, etc

In my case my Ex moved without permission and I fought against the move after the fact because he just packed up one day and left without any notice.  We had him in court in WA for contempt but unfortunately the commisoner let it be handled in CA.  However this was a good thing because I found the most wonderful attorney to handle my case.  Yesterday I just found out that the Child Evaluator has advised the court to allow a change in custody based on the facts that were presented to her during the evaluation.  Now the problem is that WA has financial jurisdiction and CA only has Custody.  Therefore I have to now go back to WA court to have the orders changed from me paying to him paying after our Oct court date.  It seems like it never ends...

One suggestion that you will have  without a doubt read many times in here before is to DOCUMENT everything.  I bought the Parenting Time Tracker and it was worth every nickel for my case.

In CA it is required by law that the parties go through mediation before any hearings and that is where my oldest son was able to voice his opionion through the letters he had written to me.  What is hear say in the court room is admissable in mediation and 730 Evaluations.  So Document everything even if it doesn't seem like much at the time.  Be prepared for a large legal bill for I am about $30,000 into fees to date and of course it is not over yet.  If the children are in Orange County and you would like the name of my attorney you can send me an email or PM. =)

Good Luck!

[twosilly]

1)Mom became NCP after a 6 month battle to keep the kids. His lawyer won. She has just changed lawyers and when calling his office to let them know? the Sec told her, "It's about time" she repeated it rather shocked, saying" I'm am seeking counsel elsewhere" the secretray said much slower "It's about time"..
Does this give any hint to her lawer? she was stunned, as no one in our family has ever had to do this, we just didnt know.

2) Judge ruled kids left in 48 hours. (Being the only witness to that scene, lets just say it was child cruelty)

3) Kids are in "Woodland Hills"

4) Washington Court, Snohomish County.

5) Mom would love change in custody, (she is in a beautiful house, much more financially secure, etc...family and neighborhood we grew up in and many are still here as adults) She wants the kids to have a voice, a fair voice. She knows she lost the kids due to the fact she was honest, and had a bad laywer.

I understand the cost issue, as she used up a large savings account to fund everything to this point, but the well is not dry. His is very dry.

Congradulations on the "Yesterday I just found out that the Child Evaluator has advised the court to allow a change in custody based on the facts that were presented to her during the evaluation. "

I will work on how to send the PM and or email... I also need my sister to come on her, it might help her case, and from what i see.. it will help her peace of mind.... Thank You !

[true]

Hey there,

I am so glad that you finally opted to seek out these good people who are here for the same reasons that you are "in the best interests of children".
Remember stay calm, document, continue to be positive and remember you are not alone there are many out there who can at least offer advice or suggestions.

huggles,
true