Washington Motion to Limit Notice of Intent to Move with Children (Ex Parte) is a motion that can be filed by a parent in the state of Washington who is seeking to limit notice of an intent to move with a child. This motion is typically used when a court order is in place that limits the relocation of a child. The filing parent must provide evidence that a relocation is necessary to protect the safety and welfare of the child. There are two types of Washington Motion to Limit Notice of Intent to Move with Children (Ex Parte): (1) Ex Parte Motion for an Order Limiting Notice; and (2) Motion and Order Limiting Notice. The Ex Parte Motion for an Order Limiting Notice is a request for a court order without the other parent being present. The Motion and Order Limiting Notice is a request for a court order with both parents being present.
Washington Motion to Limit Notice of Intent to Move with Children (Ex Parte)
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FAQ
In Washington State, when two unmarried parents have a child, custody defaults to the mother. However, if paternity is established for the father, his rights as a parent will hold equal weight in court.
191 requires the Court consider evidence (including arrests and convictions) relating to criminal acts, domestic violence, substance abuse, and child abuse, neglect, and abandonment. The Court must evaluate claims that a parent has an impairment which interferes with a parties' performance of parenting functions.
When a parent is awarded primary physical custody of a child (custodial parent), the other (noncustodial) parent will have regular visitation rights under Washington's child custody guidelines. At a minimum, the noncustodial parent must receive one weeknight visit and every other weekend.
If the custodial parent wants to move outside of the child's existing school and Washington's relocation law applies, then the custodial parent has to provide written notice about the move to the non-custodial parent. The custodial parent is required to provide this notice at least 60 days before the move.
The term ?191 factor? comes from a section number of the Revised Code of Washington (RCW) ending in ?191.? The full citation of the code section is RCW 26.09. 191. Generally speaking, 191 factors are any dangers, such as abuse and addictions, which bear on the emotional and physical safety of the child in issue.
You can also ask the court to prohibit weapons and to order your spouse or ex-spouse to surrender weapons to the police or sheriff. A court may grant an Immediate Restraining Order (Ex Parte) the same day as the request is made, even without notice to the other spouse, if necessary to provide safety.
There is no set age at which a child can refuse visitation in the state of Washington. The courts will never sanction a parent if they have an independent child who simply refuses to visit the other spouse. If a parent is preventing visits, the judge can enforce the visitation order or even hold the parent in contempt.