What can be done if my ex is violating the custody order? 5 Answers as of June 28, 2011

My daughter's father is refusing to give me my daughter for the summer. The court order states that I cover only her travel expenses. Her father is saying I cannot have her unless I fully pay for him to bring her to and from. My husband is in the military and deployed, we have a 3 1/2 year old daughter and I am 8 months pregnant. There is no way I can get her there and take her back. He refuses to let her fly alone even though I have researched it and have testimonies of many families that have done/do it. I had even bought him and her a ticket and he refused it because I wasn't paying his way back home. Do I have to get a lawyer to see my child? I don't think I should have to since she is my child and he has done this over and over. Due to this constant occurrence every visit do I have any ground to stand on with just regaining my full custody so I know the rules will be followed?

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Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
Under Washington law what you would generally need to do in this kind of situation is to file a motion to hold him in contempt of the parenting plan. Ask the court to award you your attorneys fees for having to bring the motion. Usually one contempt hearing gets things straightened out, but if he continues to violate and gets held in contempt several times, the court might be willing to look at modifying the parenting plan to reduce his access to the child.
Answer Applies to: Washington
Replied: 6/28/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
From your description of events, you are probably going to have to go back to court. You are probably going to have to bring a contempt action against the father. From your description, I don't see any other good way of enforcing your rights. Under some circumstances, repeated contempt findings can be a basis for a change in the parenting plan.
Answer Applies to: Washington
Replied: 6/28/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
You need to seek to have the Father held in contempt. A lawyer can help you set that up so you maximize your chances of success and perhaps are awarded fees. In Washington, several findings of contempt can be a basis for changing the parenting plan.
Answer Applies to: Washington
Replied: 6/28/2011
Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
It sounds like court intervention is necessary. If this has happened before, it is likely to happen again. I would suggest that you meet with an attorney immediately. If your ex is violating the custody order, the court needs to know.
Answer Applies to: Washington
Replied: 6/28/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You need to file a motion for contempt.
Answer Applies to: Washington
Replied: 6/28/2011
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