Legal Question in Family Law in Washington

My xwife refused to co-sign a passport application so that I can travel out of country with my child in 2 months. Our decree stipulates the following, "Neither parent shall take child out of the country without prior written consent (includes email) of the other parent. Consent shall not be unreasonably withheld. Notice of a planned trip shall be provided at least 14days in advance of travel and must include a written itinerary detailing the dates/times of travel and contact information where the child will be staying." I have provided her with the necessary information as stipulated above. What form do I need to file with the courts requesting her to sign the application?


Asked on 5/20/10, 3:10 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

If I were you, I would write my ex-wife a letter, sent by certified mail with a return receipt. In the letter, I would recite the paragraph that you recite above from the Parenting Plan, then indicate that you have given her ample notice (two months) and if she continues to refuse to cooperate in getting a passport for your child that you will file a motion in court to get the passport application signed.

Tell her that she has 7 days to comply, or call you to make arrangements to meet at a passport issuing office, such as a post office, to sign the application. If nothing happens or she refuses to cooperate, then you file a motion to enforce the Parenting Plan in the court where the Parenting Plan was issued. Depending on the county, you'll have to give between 5-14 days' notice.

You'll need the motion and a declaration in support of the motion, as well as a note for motion calendar (the specific form depends on which county this is from). You'll need to file copies with the Court clerk, a working copy to the judge, a copy to be served on your ex-wife, and a copy to keep for yourself. Check out courtforms.wa.gov for specific templates.

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Answered on 5/25/10, 10:59 pm


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