What is the remedy when ex-spouse refuses to send child for Spring Break?

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In 2009 the court ordered the Respondent to provide information where the Summer 2009 visitation would take place. Petitioner now insists that she is not obligated to send the child for Spring Break 2011 visitation because she "believes" the court meant Respondent should provide detailed information regarding each and every visit?!? Respondent made airline travel arrangements; notified Petitioner of the date and time of departure; informed Respondent where visitation would take place (Eastern Washington) yet Petitioner sent an email stating she would not send the child. Petitioner refuses to answer telephone calls and has not returned any messages. What can be done?

Attorney Answers

2
Mark L. AlexanderDivorce / Separation LawyerSeattle, WA ·
Filing and personal service of a motion for an order to show cause (for contempt) is the normal remedy for a party who willfully disobeys a court order. After the other side receives notice and has an opportunity to file their written response, at the hearing the judge will decide whether: a) the order was violated; b) whether the party had the ability to obey it; and c) whether the violation was for a good cause. The parent who was wrongfully denied his residential time can ask for a judgment against the offender for his legal fees, the damages (including what he lost for the paid airline ticket), and for makeup time. He might also ask for a finding that she failed to comply with the residential time provisions in the court-ordered parenting plan (see implications in RCW 26.09.260(2)(d)), or separately seek a criminal finding of custodial interference (see RCW 9A.40.070(2)).
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Yevgeny “Jack” BernerDivorce / Separation LawyerEverett, WA ·
What was the reason why the Court Ordered what it Ordered in 2009? Did Petitioner file some kind of motion requesting that information? What happened with 2010 visitation? Did this issue not come up at all last year? Jack Berner
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