Child Custody Law Confusion - Help Me Understand

I have a few questions regarding my Sister-in-Law's husbands custody case. Please forgive me if I don not use the correct terminology. Also, part of this information is second hand.

First. At the begining of summer the mother of the child sent up her plane tickets, like always, to fly the child down to Texas for the summer. Texas is the state that the mother, non-custodial parent, lives. The child and all of the court case reside in Washington State. However, the tickets were wrong and against the parenting plan.The child is suppose to come home two weeks before schools stats, as stated in the parenting plan. The Father of the child refused the tickets in May and sent them back to be changed with plenty of time before she was to leave in June. The mother did not change the tickets. My siste-in-law's lawyer told them not to put the child on the plane until the tickets were corrected. Next thing that they new, there was a court confrence call with a judge. The judge did not read the parenting plan (I think-my in laws said that their was no mention of the parenting plan) and the Judge ordered the father to put the child on the plane. What should have happened?

Second problem. Recently they hired a company to serve court papers to the mother of the child. Some how the company messed up. I am not sure how. They apparently didn't do something. But it looks as if it is going to hurt the fathers case. (case-I am not sure what the court cases are for). Is this true? Is so what can they do to fix it. All I know is that all court dates that were set and listed below have all been continued. Is there any information that you could shed on this? I will try to find out more from my sister-in-law about what they are doing. Also a sherrifs department now failed to do something (not sure what) therefore moving another court date. My Sister-in-law in very frustrated because so far they have had to pay for most of this and they cannot afford too. Please helkp with any information that would help them understand what is going on.


Thank You

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Sister-in-Law
spurdsgn@owt.com


Her is the list of the court dates and what they are for. Anyone, with any advice or just information or explaination of what is going on would be great.


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July 18 Contempt of Court (for failure to pay child support) - continued
by fathers attorney because Mother avoided process server & was not served until July 20.

August 8 Contempt of Court (for failure to pay child support) - continued
by Mother's attorney due to him having to be in trial. Commissioner ordered
him to have the Mother appear in 7 days.

August 15 Contempt of Court (for failure to pay child support) - continued
by Mother's attorney due to him claiming that neither him nor the Mother were
served with continuance. Process server doesn't know if it was served or
not.

August 22 Show Cause for Major Modification of Parenting Plan (to shorten
summer visitation & add restrictions for method of travel & exact time frame
for visitation) - Continued

Sept. 1 Contempt of Court (for failure to pay child support) - continued Sherrifs department now at fault for something (i don't know exactlly)

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by sister_in_law:
[b]I have a few questions regarding my Sister-in-Law's husbands custody case. Please forgive me if I don not use the correct terminology. Also, part of this information is second hand.

First. At the begining of summer the mother of the child sent up her plane tickets, like always, to fly the child down to Texas for the summer. Texas is the state that the mother, non-custodial parent, lives. The child and all of the court case reside in Washington State. However, the tickets were wrong and against the parenting plan.The child is suppose to come home two weeks before schools stats, as stated in the parenting plan. The Father of the child refused the tickets in May and sent them back to be changed with plenty of time before she was to leave in June. The mother did not change the tickets. My siste-in-law's lawyer told them not to put the child on the plane until the tickets were corrected. Next thing that they new, there was a court confrence call with a judge. The judge did not read the parenting plan (I think-my in laws said that their was no mention of the parenting plan) and the Judge ordered the father to put the child on the plane. What should have happened?

Second problem. Recently they hired a company to serve court papers to the mother of the child. Some how the company messed up. I am not sure how. They apparently didn't do something. But it looks as if it is going to hurt the fathers case. (case-I am not sure what the court cases are for). Is this true? Is so what can they do to fix it. All I know is that all court dates that were set and listed below have all been continued. Is there any information that you could shed on this? I will try to find out more from my sister-in-law about what they are doing. Also a sherrifs department now failed to do something (not sure what) therefore moving another court date. My Sister-in-law in very frustrated because so far they have had to pay for most of this and they cannot afford too. Please helkp with any information that would help them understand what is going on.


Thank You

[/b]<HR></BLOCKQUOTE>

My response:

I'm sorry that you took so long to write your post - - and all of your effort that went into it. But, there are too many holes in it, too many questions left unanswered, to give you any real suggestions as to what happened, or why, or what will happen.

When you get the FULL and COMPLETE DETAILS, with no holes, then come back here and we'll be glad to try to assist.

However, this doesn't mean that someone else here might not want to take a stab at it.

IAAL



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Is there any expanation that you could possibly give? Most of these things have already happened and my sister-in-law is just trying to understand. I am sure their lawyer is doing the best that he can. They are just very frustrated and are financially streched. If they lose these cases they will lose everything. All they want the mother to do is to follow the parenting plan and to pay child support. Is there anything that I could tell her to comfort her or relax her a little. I read in another topic of a similar situation and the advice told them not to worry because they were doing the right thing.

I could try to fill in as many holes as I can. All I have to do is ask them. I am kind of the middle person because I have a computer.

Sister-in-law

What I do not understand is why the Parenting Plan was not mentioned to the judge ...

Has the child returned from the summer visit?

The child has returned home.

The only information that I can give you now is this:

Lawyer said not to put the child on the plane until the correction. The mother sent a letter to a judge and from that letter they had a court confrence call. If I can recall correctly the Judge would not let them bring the parenting plan into it.

I have contacted my sister-in-law to make sure that this is correct. They are getting back to me as soon as possible. I will post their exact reply.

Sister-In-Law

From my In-Laws:

What I do not understand is why the Parenting Plan was not mentioned to the judge ...


It was a commissioner and I believe the parenting plan was mentioned and that the tickets were against the parenting plan. That fact did not seem to matter to the commissioner she just looked at the first part that said the child was to be with her mother for summer visitation. The parenting plan does not state when child is to leave but child is supposed to be back at least 2 weeks before school starts and the tickets were in violation of that fact. Also we usally purchase the tickets not the mother. We also have sole decision makeing which was also taken away.