Legal Question in Family Law in Washington
parenting plan and dispute resolution
Our parenting plan does not specify times for the holiday exchanges. My ex says threatening demand letters to my lawyer refusing to relinqish the children unless I agree in advance that I will bring the children back at her selected time, although she is designing her own time at will when she has her holiday. She is now ordered a show cause for contempt of parenting plan for not returning the children at her set time although our parenting plan has not ordered time exchange as well as dispute resolution prior to court. My question is for you is this legal for her to 1. demand I meet her set schedule for holidays and if I don't I am in violation of parenting plan (which does not have a specified time?)2.Can she by pass the dispute resolution and go straight to court?
1 Answer from Attorneys
Re: parenting plan and dispute resolution
It is legal for her demand it, but you are equally legally able to reject it. It is hard to win a contempt hearing if they person making the motion does not have a precise point to show violation of the parenting plan. You should get counsel. She can by-pass dispute resolution for contempt, but if you defeat her contempt action you could get attorney's fees.
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