If my ex and I have a parenting plan that says he can’t leave the kids for over 4 hours and we don’t always follow this, can I enforce it at any time to get my kids?

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If my ex and I have a parenting plan that says he can’t leave the kids for over 4 hours and we don’t always follow this, can I enforce it at any time to get my kids?

We do not always follow the 4 hour clause in the parenting plan. But he is leaving the kids (ages 8 and 9) with his 19 year old stepson who I suspect of verbally abusing the kids. Can I go get them? Do I need a police officer or a court order?

Asked on July 30, 2012 under Family Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you do not have a court order approving the "parenting plan" that you have written about then you will have a hard time getting the court to enforce its provisions.

If you believe that the adult step son is verbally abusing your children, then you need to take them to some professional such as a therapist to discover what is going on. If there is verbal abuse, the therapist will write up a report for you, you then consult with a family law attorney and then you move forward in trying to resolve the problem if your "ex" is unwilling to step up and do the right thing.


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