Suspend Fathers Visitation or...??? Help!

[JuliaPauline08]

What is the name of your state (only U.S. law)? Washington State

I will be going to court on Wednesday to either suspend my kids' father's once monthly supervised visitation, or to request an order of protection between him and the kids, due to ongoing reports from mutual friends that he is using meth and heroin.

I will also be filing a motion to find him in contempt of the parenting plan, in which he was ordered to attend outpatient drug treatment for his severe marijuana dependency (I have no problem with recreational marijuana but his use is beyond excessive) and anger management classes. He is not following this order.

My questions are... Which would be most likely to succeed, suspension or protection order? And if I were to go for the suspension, what forms would I fill out? Since this will all be taken care of in ex parte court and I live 3 hours from the courthouse we have to go to (the county in which the parenting plan was initially filed) I would like to have everything ready and filled out prior to taking off from Shelton to Mount Vernon.

 

[Proserpina]

What is the name of your state (only U.S. law)? Washington State

I will be going to court on Wednesday to either suspend my kids' father's once monthly supervised visitation, or to request an order of protection between him and the kids, due to ongoing reports from mutual friends that he is using meth and heroin.

I will also be filing a motion to find him in contempt of the parenting plan, in which he was ordered to attend outpatient drug treatment for his severe marijuana dependency (I have no problem with recreational marijuana but his use is beyond excessive) and anger management classes. He is not following this order.

My questions are... Which would be most likely to succeed, suspension or protection order? And if I were to go for the suspension, what forms would I fill out? Since this will all be taken care of in ex parte court and I live 3 hours from the courthouse we have to go to (the county in which the parenting plan was initially filed) I would like to have everything ready and filled out prior to taking off from Shelton to Mount Vernon.

What proof exists? What time-table did the court order in terms of completing the classes?

 

[JuliaPauline08]

Eyewitness accounts of seeing used meth pipes in his vehicle, and other eyewitness accounts of him purchasing heroin and being at known drug houses.

In the parenting plan I wrote and filed he was to enroll immediately in those classes, the judge emphasized this in his ruling. My kids father was not present but obviously has a copy of the parenting plan, so he knows it's in there (assuming he has read it).

 

[JuliaPauline08]

He is also verbally abusive to me during visits (I am to supervise them) in front of the kids (screaming, name calling, etc)

 

[Proserpina]

Eyewitness accounts of seeing used meth pipes in his vehicle, and other eyewitness accounts of him purchasing heroin and being at known drug houses.

Well, you're going to need every one of those witnesses to testify in court.

In the parenting plan I wrote and filed he was to enroll immediately in those classes, the judge emphasized this in his ruling. My kids father was not present but obviously has a copy of the parenting plan, so he knows it's in there (assuming he has read it).

Please save me from looking earlier - how old is this parenting plan?

You really need to look at the parenting plan and see exactly how it was written - because from your wording, he doesn't actually have to do anything other than enroll. It isn't saying he must complete anything

 

[Proserpina]

He is also verbally abusive to me during visits (I am to supervise them) in front of the kids (screaming, name calling, etc)

Hang on - he's already got supervised? What do you want the court to do? You've got just about the max the court can give you short of pulling visitation altogether (and that's not going to happen easily). You can request a different supervisor - was there a GAL involved in the case? It might be a good idea to request a GAL at this point.

 

[JuliaPauline08]

The parenting plan was entered on Feb 6 of this year.... And I have several people willing to write declarations for me to file with everything else.

It says "Mr Peters is to enroll in and complete an outpatient drug treatment program and an anger management program as soon as possible." It doesn't give an exact date he is to do these things by but I would think 6 months is more than a reasonable amount of time to wait??

 

[JuliaPauline08]

A friend of mine has volunteered to supervise visitation, that's part of what I'm hoping to accomplish on Wednesday.

Basically I am looking for a temporary suspension (probably only of this months visit) and drug testing. I agree that something is off with him and the reports I'm getting from friends are just strengthening my worry. I don't want the kids exposed to that, as I know it comes out in your sweat and can be absorbed by others' skin... Not worth the risk to two small children.

 

[JuliaPauline08]

So I guess the best course of action, taking a step back, would be simply to ask for a drug test on him at this point to find out if I should even move forward, correct?

 

[Proserpina]

The parenting plan was entered on Feb 6 of this year.... And I have several people willing to write declarations for me to file with everything else.

It says "Mr Peters is to enroll in and complete an outpatient drug treatment program and an anger management program as soon as possible." It doesn't give an exact date he is to do these things by but I would think 6 months is more than a reasonable amount of time to wait??

I think if nothing else, you need to modify that to allow for a contingency plan. You've got supervised, and you want to change supervisors (perhaps not surprisingly) - that'll be relatively easy (well, more a slamdunk actually - the only factor you may want to consider is cost). What happens once he's completed treatment? Is there any long term plan?

 

[Proserpina]

So I guess the best course of action, taking a step back, would be simply to ask for a drug test on him at this point to find out if I should even move forward, correct?

I'd start with filing to modify - you need a clearer game plan. Get a GAL on board, too - virtually every court-house in the state has a dinky little office (and they are dinky and little!) where you'll be able to select the GAL (or one will be designated for you) and start the scheduling process.

So ultimately - file to modify first. Request the GAL, and because the court is already aware of his dependency issues I see nothing wrong with requesting a drug test. Obviously pot isn't likely to be much of an issue, but if he drops for heroin that's a completely different animal.

 

[Eekamouse]

Has he been arrested for drug possession in the past? Any convictions?

 

[Proserpina]

Has he been arrested for drug possession in the past? Any convictions?

At this point it's probably not going to matter a great deal - the parenting plan from earlier this year acknowledges and addresses the issue (somewhat). If this was a brand new custody determination? His past use can be a huge deal. But less so now.

(Of course if he's convicted tomorrow of distribution that will change things)

 

[JuliaPauline08]

No possession charges but multiple DV calls to our home have resulted in innumerable "verbal warnings" for constantly having marijuana on his person.

 

[JuliaPauline08]

He was also on the radar of local police in Sedro Woolley, WA for selling marijuana in 2012... To the point where an officer came to the house (this is how I found out about him selling) and told him that if he got so much as one more report of marijuana being sold out of his home, that our children would be taken... Ugh. That is what ultimately ended our relationship.