Petition to stop a move

[almostastepmom]

Soc-
  We filed a petition to stop my SO's ex from moving his two kids into her new boyfriends home.  We did this due to the fact that his son came to us in tears on three occassions stating that he would not move and would become VERY upset when the subject was talked about.  We know she has already started to move their things, even though in her written notice states that she won't move until July 29th, 2005.  
  We haven't heard anything about this from our lawyer and we don't know what to do next... What exactly is the "punishment", if any, if she does move them now?

We are in the state of WA

[socrateaser]

>Soc-
>  We filed a petition to stop my SO's ex from moving his two
>kids into her new boyfriends home.  We did this due to the
>fact that his son came to us in tears on three occassions
>stating that he would not move and would become VERY upset
>when the subject was talked about.  We know she has already
>started to move their things, even though in her written
>notice states that she won't move until July 29th, 2005.  
>  We haven't heard anything about this from our lawyer and we
>don't know what to do next... What exactly is the
>"punishment", if any, if she does move them now?
>
>We are in the state of WA

Here's the law, if you want to read it yourself: [a href=http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=26.09]RCW 26.09[/a] (scroll down to section .405).

The legal presumption is that the move will be permitted. There are a number of factors that the court must consider, however, after you cut through the baloney, it's all about whether the court views the move as being in the child's best interests or not. Your hearing is entitled, by statute, to priority over other matters on the family court calendar.

You must prove that the child will be harmed by the relocation. Evidence of why it would be good/bad for either parent is inadmissible -- only the effect on the child will be considered. Depending on the local court rules, you may (almost certainly will) be ordered into mediation before the court will hear the case.

As for punishment for moving prior to the hearing, if the court finds that the move is in the child's best interests, then there will be no punishment. If the court finds that it is not in the child's best interests, the court could make you the primary caretaker.

However, the chances of this actually happening are usually nonexistent, unless the child is severely harmed by the move.  The fact that the child is crying about it is interesting, but not particularly persuasive -- the question is, why, is the child crying, and is this a real injury or just a whining kid?

[almostastepmom]

My only question is how do you prove emotional injuries?

[socrateaser]

>My only question is how do you prove emotional injuries?

Easy. When a person is suffering from extreme emotional distress, they seek professional intervention from a psychiatrist, psychologist, physician or other mental health expert. If the person doesn't seek help, then the court will presume that the person didn't require any, and visa versa.

Is the child suffering extreme mental distress, such that professional intervention is in the child's best interests? Have you had the child evaluated? Did you pay money for this evaluation? If you did, then you have suffered a injury for which compensable damages may be assessed.

If not, then the judge will likely view the circumstances as just a child unhappy about a move (which is fairly common).

[almostastepmom]

When this child told his mother that he did not want to move because it was an uncomfortable feeling that he got when he was there and that he would feel better moving in with his father, she put him into therapy.  

We were not consulted about it nor were or have ever been informed about meetings, possably going with him, etc... She keeps it all a seceret and the only way we know is when the kids tell us.  We have called to talk to the therapist and they say they can't talk about what goes on.

The children (S-11 & D-10) have both shown instrest in moving in with us and each time they do, their mother sends them back to therapy.  Except this time, when SS told mom about this she responded to him as such; You will never live with your father and the home I live in is the only home you will ever have.

We would love to have the child evaluated, but do you think it should be with a new therapist or his old one?

[socrateaser]

>When this child told his mother that he did not want to move
>because it was an uncomfortable feeling that he got when he
>was there and that he would feel better moving in with his
>father, she put him into therapy.  

This is very good, because the mother, by putting the child into therapy, has impliedly admitted that the child is suffering extreme emotional distress over the pending move.

I would definitely subpoena the therapist and his/her records to the hearing.

>We were not consulted about it nor were or have ever been
>informed about meetings, possably going with him, etc... She
>keeps it all a seceret and the only way we know is when the
>kids tell us.  We have called to talk to the therapist and
>they say they can't talk about what goes on.

Really? Is there a court order prohibiting you from having access to the child's records? This is the WA statute on the subject.

RCW 26.09.225. Access to child's education and health care records.
(1) Each parent shall have full and equal access to the education and health care records of the child absent a court order to the contrary. Neither parent may veto the access requested by the other parent.

You can ask the other parent sign an authorization permitting you access to the info. If she refuses, then you can move for contempt against her for frustrating your access to the child's healthcare records. If the therapist continues to refuse to cooperate, then you will have to subpoena him/her for a deposition or to trial.

>The children (S-11 & D-10) have both shown instrest in moving
>in with us and each time they do, their mother sends them back
>to therapy.  Except this time, when SS told mom about this she
>responded to him as such; You will never live with your father
>and the home I live in is the only home you will ever have.

Can you prove this? If you can, great, but if not, then you need to stop venting about it, because it will distract you from doing the things necessary to win your case.

>We would love to have the child evaluated, but do you think it
>should be with a new therapist or his old one?

Yes, I would take the child to a different therapist, assuming that you have parenting time during periods when a therapist is available. Otherwise, you will need to get the court to appoint an evaluator.

I'd start by talking to the existing therapist, followed by a deposition, and if you believe that the therapist is blowing smoke, then I'd ask for a second evaluation.