Can my wife be responsible for returning out child for an unscheduled visits?

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Can my wife be responsible for returning out child for an unscheduled visits?

I have a parenting plan with my son’s mother that clearly states her visitation rights. She has chosen to not take him on her scheduled visits as planned for the past 3 years. She would just take him sporadically at her convenience. Then she just decided to move out of state 4 months ago so of course she really couldn’t follow the plan of taking our son every 2nd and 4th weekend of the month. Anyway, she has now decided to move back here and is planning on taking our son only when it is convenient for her again. Since we have designated times scheduled for her visitation, but she chooses not to follow those scheduled times, is it fair or I guess legal for me to request that if she picks up our son on a non-scheduled visit that she also be responsible for bringing him back. Our plan says receiving parent will pick up child.

Asked on February 9, 2012 under Family Law, Washington

Answers:

Hong Shen / Roberts Law Group

Answered 10 years ago | Contributor

Technically she is not responsible since the order says it is the responsibility of the receiving party. However, you can always stipulate with her since she is not on her schedule. If she disagrees, then you may have to go to court trying to enforce the schedule.


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