- I have been served with divorce papers including a proposed
parenting plan. What happens if I do not respond?
The most likely outcome is that the court will find you in default
and sign off and enter the proposed parenting plan of your spouse,
Thus, it is very important that you respond promptly once you are
served with divorce papers.
-
The is a court hearing date for temporary orders sent with
the initial divorce papers including a motion for a temporary parenting
plan. What is the role and effect of a temporary parenting plan
entered?
At the time of the hearing, the court will likely enter a temporary
parenting plan based primarily on the declarations of the parties.
The parenting plan will determine the visitation rights of both
parents until the case is settled, a modification of the plan is
entered, or the court rules on the parenting plan at the end of
trial.
- At the time of the court hearing, can't I just appear at court
and tell the judge my side of the story and be treated fairly on parenting
issues?
Yes, you can appear without any preparations. However, most Washington
courts will only make their decision based on the record before
them. This generally means they will only review declarations and
affidavits that have been properly served and filed. Most county
courts have their own particular rules on how this is to be accomplished
as well as time requirements. There are also mandatory forms that
must be completed and presented properly to the court and the other
party. Thus, one must ensure that they are aware of how to respond
properly or the court may base it's ruling on the parenting plan
entirely on the position of the other spouse and will likely not
permit you try to give testimony on the day of the hearing.
- My former spouse is not complying with the parenting plan. What
can I do to enforce the plan and receive my visitation?
If the violation of the parenting plan is significant and your
former spouse will not willingly comply with the plan, you may considering
bringing a motion for contempt. A motion for contempt is basically
a request to the court to enforce a prior court order and for the
court to try to coerce the other party to comply with the parenting
plan with the use of fines, sanctions as well as imprisonment.
|