UCCJA, Hawaii, Washington. Cases in both states for paternity

Status
Not open for further replies.

Bumperlt

New Member
There is a very long story behind the facts, those I'll spare you. I am in desperate need of help. I am saving for a lawyer but time is not on my side.

March 30 2008, Ex girlfriend takes my son back to california, where she had been living for a year. She left Washington March of 07.

April 30th 2008, She moves to Hawaii. I am suppose to get our son back in august, instead she files a restraining order preventing me from seeing or talking to her or him. A month goes by, case gets continued.

October 13th 2008, I fly to hawaii to appear for court, I win, restraining order is dissolved based on lack of evidence, exaggerated circumstances, and false situations, dispite her lawyer's best attempts.

Same day, I am served paternity paperwork for a paternity case started in Hawaii. I do not believe she has been in hawaii for 6 months at this time, unless she lied to me.

October 23rd 2008, I file paternity paperwork in washington, which hopefully still has jurisdiction.

My question is this, there was a 2 month period where a restraining order was in effect because of a continuance. It was dissolved as soon as a judge heard the facts. Was the 6 month clock (UUCJA) paused for the 2 month period the restraining order was in effect?
 
My question is this, there was a 2 month period where a restraining order was in effect because of a continuance. It was dissolved as soon as a judge heard the facts. Was the 6 month clock (UUCJA) paused for the 2 month period the restraining order was in effect?

I very much doubt it. Did the restraining order did not prevent you from filing the paternity action in Washington? If not, then the restraining order has no effect on the 6 month clock.
 
thats what i was affraid of. my father spoke with a local lawyer and was told this but i havent been able to find anything supporting it. even if it is not the case i am hoping the case will be pulled back to washinhton based on the fact that she has not lived there for 6 months as of the date she filed her petition... even though our son is in hawaii with her.
 
Status
Not open for further replies.

Ask a Question

Back
Top