QUESTION

Can I do anything about a mom dropping our child off late for weekend visits?

Asked on May 09th, 2011 on Child Custody - Western Australia
More details to this question:
Several times now she has been about 1/2 hr late dropping baby off for court ordered weekend visits. Can or will the commissioner do anything about it? He also told her to bring what the baby needs. She usually doesn't send enough formula, diapers or clothes. Once she brought just a sweatshirt and 4 diapers. Last Friday, it was two pair of pajamas and a baby that badly needed a bath. The diaper is always soaking wet. We know she's using meth, we've reported her to CPS. The father feels bad having to take the baby back to her each week knowing the baby is not being taken care of well at all. Is there anything we can do? Anything that can set matters straight in court & have this baby protected?
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4 ANSWERS
Answered on May 11th, 2011 at 12:11 PM
In Washington State, you can bring a motion for contempt to enforce the parenting plan.

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Answered on May 11th, 2011 at 11:09 AM
In Washington it is difficult for the court to deal with detail issues like late drop offs, though it can hold the parent in contempt of the parenting plan. However, it the mother is using meth, the father may be able to bring an action to modify the parenting plan to have the child reside with him.

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Answered on May 11th, 2011 at 10:58 AM
Where are you in the case so far? Is trial set? How about mediation? GAL on board? I take it there's at least a temporary parenting plan in place? If you live in Western Washington, please feel free to call my office to set up a free, no obligation consultation-in person or by phone-with an experienced family law attorney about your case. Your options may include motion for contempt, motion to change temporary parenting plan, if any, etc...but I'd need to confer with you about everything before knowing for sure.

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Answered on May 11th, 2011 at 10:58 AM
Move to have her found in contempt of violating specific language in the orders. It may take a time or two, but eventually the courts will see this is a serious problem. In the final orders,spell out consequences for being late. It can help to do some research on travel times, distances,etc. Good luck.

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