Legal Question in Family Law in Washington

Ex wife moving daughter to Japan

My fiance's ex-wife has informed him that she is moving to Japan with his daughter in 6 months. She was recently married to a man that is in the Navy, stationed in Japan.

She ''handed'' him the ''Intent to Relocate'' and ''Proposed Parenting Plan'' last night. It is stamped ''filed'' in the county that their divoce was final. Doesn't she need to have the papers officially ''served'' on him or mail them certified? Do we have to respond since she didn't follow protocal? Also, in her ''Proposed Parenting Plan'' she has offered to give him the following: Christmas Eve, New Years Day, spring break (1 week) and 6 weeks in the summer. She has requested that my fiance pay the round trip airfare for the spring break week. Does this sound like something that a judge would let happen? We plan to counter back with our own parenting plan where WE are the primary custodians with liberal visitation for the mother provided she come BACK TO WASHINGTON to visit. We don't want the child to go to Japan. Our main concern right now is whether we DO or DO NOT have to respond to her ''Intent to Relocate'' due to her failure to serve the paperwork properly? Thank you for any information available.

Asked on 1/27/03, 2:25 pm

1 Answer from Attorneys

Lori Wheat Lori L. Wheat, Attorney at Law
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Re: Ex wife moving daughter to Japan

You may respond to the Relocation case by filing your objection to relocation.

Even if the ex-wife's service was invalid service, it would be wise to either challenge the service or respond with your objection to relocation. However, you may wish to forego challenging the validity of the service because you will most likely be forced to eventually deal with the substantive issue of relocation.

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1/27/03, 3:02 pm

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