curious about the uccjea and the pkpa

[mebackrsg]

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

My daughter and her boyfriend never married. No custody order was in effect. She moved back her from South dakota almost 8 months ago. She allowed her boyfriend to take their 21 month old daughter for a 3 wk visit in SD. He did not return her as promised and we immediately filed the custody, parenting plan, and additional paperwork. She also filed and ex parte restraining order that expires in two weeks. she then left for SD to retriever her daughter upon arriving and giving the sheriff her paperwork to be served, he returned with the fathers emergency paperwork filed 6 days after my daughter. The question is not about that issue. her attney has it handled and is asking for it to be dismissed as wa has already exercised jurisdiction, and her attorney is asking for their case to be dismissed. My question is this. What about her date here? The hearing there has been continued out a week past the date that they are to appear here in court. If they don't show, the restraining order it null and void, as well as the part stating that her daughter is to be with her until the hearing. Can that date be extended by the court? Or do they have to let it slide? Can she appoint someone here to fill in for her and explain the situation. This is so frustrating. The father didnt file anything until he caught wind that my daughter was in town. This is a very small town of 300 people tops. He then rushed to the court house monday morning and filed some pretty nasty allegations. At that point, he has now has 4 weeks to file if he has such concerns, but didnt until he found out she had come to get her. She hasn't been able to see her daughter, he is keeping her hidden basically. According to the laws, and what my daughter has been told by her attorney. The judge is obligated to dismiss the fathers because one proceedings have been started in the childs home state. and simultanious proceedings are prohibited. The law was designed to prevent situations like this. I dont understand why they have to wait another 2 weeks for the hearing. They should be able to request an emergency hearing as did the father, and get this settled. My daughter is stuck in SD until this hearing. any advise?

 

[Ronin]

What is the name of your state (only U.S. law)? washinton
My daughter and her boyfriend never married. No custody order was in effect. She moved back her from South dakota almost 8 months ago.

She allowed her boyfriend to take their 21 month old daughter for a 3 wk visit in SD. He did not return her as promised and we immediately filed the custody, parenting plan, and additional paperwork. She also filed and ex parte restraining order that expires in two weeks. she then left for SD to retriever her daughter

upon arriving and giving the sheriff her paperwork to be served, he returned with the fathers emergency paperwork filed 6 days after my daughter.

The question is not about that issue. her attney has it handled and is asking for it to be dismissed as wa has already exercised jurisdiction, and her attorney is asking for their case to be dismissed.

My question is this. What about her date here? The hearing there has been continued out a week past the date that they are to appear here in court. If they don't show, the restraining order it null and void, as well as the part stating that her daughter is to be with her until the hearing.

Can that date be extended by the court? Or do they have to let it slide?

Can she appoint someone here to fill in for her and explain the situation. This is so frustrating. The father didnt file anything until he caught wind that my daughter was in town. This is a very small town of 300 people tops. He then rushed to the court house monday morning and filed some pretty nasty allegations.

At that point, he has now has 4 weeks to file if he has such concerns, but didnt until he found out she had come to get her. She hasn't been able to see her daughter, he is keeping her hidden basically.

According to the laws, and what my daughter has been told by her attorney. The judge is obligated to dismiss the fathers because one proceedings have been started in the childs home state. and simultanious proceedings are prohibited.

The law was designed to prevent situations like this. I dont understand why they have to wait another 2 weeks for the hearing. They should be able to request an emergency hearing as did the father, and get this settled. My daughter is stuck in SD until this hearing. any advise

It's much easier to understand your post if you break it up instead of jumbling everything into a long-winded paragraph

Your attorney should be, and probably already is, properly responding to any court actions filed in South Dakota and addressing the jurisdictional matters, while also managing the pending matters in the Washington courts.

As long as these court hearings are not on the same day, it is entirely possible for the daughter to not miss either of them. But her attorney should be advising her on how to best manage these.

The law was designed to prevent situations like this...

The laws are not necessarily designed to prevent these situations, but they do serve to eventually straighten out the little messes created in cases like this.

 

[BL]

I take it the father is established as legal father ?

Did the father get served mom's petition and summons ?

Did mom get served the father's petition and summons ?

The Lawyer seems to be on top of it .

The Law won't get involved now as it's a civil matter .

The two States will have to communicate , if the motion to dismiss isn't outright granted , to determine which State has jurisdiction to hear the matter .

As you said WA. should .

It doesn't fall under the PKPA at this point .

As far as the UCCJEA , there isn't any orders to enforce right now .

Where there is allegations of serious issues concerning a child , a court ,even in another State will rule with caution.

 

[mebackrsg]

addition to original post

I understand that the courts need to be careful in cases concerning children. The mothers papers were given to the sheriff to serve and yes both were served with the others papers. The father has felony drug charges, as well as a list of other charges that show a pattern of reckless behavior.
The mother has a clean record. What frustrates me is he didn't file anything until the last minute. And his claims are things that she was sleeping on a mattress on the floor when she has a toddler bed. that she was in size 3 clothes and should have been in size 5. She wears a 3t. That she had a diaper rash that should have seen a doctor, but he didn't take her. He has shown no interest in the child until now.
If I thought my grand daughter was better off with him and if my daughter was a bad mother in anyway, I would support him totally. However this is a case of him trying to get back at my daughter and not because he wants the best for the child they share.