Washington State family courts take child custody orders and parenting plans1 very seriously and expect parents to follow them to the letter whenever possible. However, many parents may not be completely satisfied with the custody or visitation arrangements set forth by the court. Many such parents decide to try to simply go against the order and refuse to cooperate. This is referred to as interference with custody and can have serious consequences for parents.

Common types of interference

Custody interference generally occurs by one parent refusing to abide by the visitation schedule in one way or another. This can mean not showing up at meeting points for scheduled visitations or even disallowing a child to talk to the other parent via phone, text, or email. The good news is that, if your visitation or custody rights are being violated in some way, there are several ways to enforce the original parenting plan. For example, an experienced Seattle or Tacoma custody attorney could help you do one or more of the following if necessary:

  •       File a motion requesting that the family court enforce the custody order
  •       Request that the court hold the other parent in contempt if they continue not to comply
  •       Ask the court to impose sanctions for continued noncompliance
  •       Seek criminal interference charges

Interference can be a criminal offense

Under certain circumstances, custodial interference2 can rise to the level of a crime. Washington prosecutors may charge a parent with Class C felony charges if the parent hides the child or takes the child and any of the following apply:

  •       They intend to keep the child for an extended period of time or permanently
  •       They remove the child from the usual state of residence
  •       They expose the child to a significant risk of injury or illness

 Class C felony convictions can mean a fine up to $10,000 and/or up to five years in prison.

As you can see interference with custody can be serious. The experienced family law attorneys at the Dickson Law Group in Seattle and Tacoma, Washington have a thorough understanding of state custody laws and can help you fight for your full parental rights.

References:

1http://app.leg.wa.gov/rcw/default.aspx?cite=26.09.184

2http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.40.060