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What is the sequence of steps of filings in a relocation trial?

Discussion in 'Other Family Law Matters' started by J Loccon, Nov 6, 2019 at 8:21 PM.

  1. J Loccon

    J Loccon Law Topic Starter New Member

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    Jurisdiction:
    Washington
    I am wondering if someone could be so kind as to tell me what the steps are involved in a permanent relocation trial of mother and child in the correct sequence. I am trying to understand.

    Here are some of the filings but I probably left out some and I am not sure if this is the correct order:

    1) Note for motion docket

    2) Note for trial setting

    3) First set of interrogatories and request for production

    4) Order Compelling Discovery

    5) Motions in Limine

    6) suSubpoena Duces Tecum Upon Oral Examination

    What other motions or filings are there in a trial of this sort and what order are they in, typically?

    Thank you very much
     
  2. army judge

    army judge Super Moderator

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    You need a lawyer, YOUR lawyer.

    No one can tutor you on a discussion site about complex legal matters.

    You hire yourself a lawyer, or be prepared to have sand kicked in your face, and steamrolled in the courtroom by the other party's lawyer.
     
    Zigner likes this.
  3. zddoodah

    zddoodah Well-Known Member

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    This is something about which only a local family law attorney is likely to be able to opine in detail.
     
  4. J Loccon

    J Loccon Law Topic Starter New Member

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    I am neither of the parties. I am trying to learn and understand. Not sure why you post on this site if your answer is "get a lawyer"
     
  5. J Loccon

    J Loccon Law Topic Starter New Member

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    I know that. not very helpful. Not why I post here
     
  6. J Loccon

    J Loccon Law Topic Starter New Member

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    Hi. In my concrete example, a family has lived in Washington for a few years, then divorce and custody battle for their minor child happen. Mother and child have moved away to a different state 2 years ago and father has moved to a different county in Washington. Currently, for every court motion the parents have to go to the same court in the same county which handled their divorce and custody battle. Mother likes this because Washington, in particular the judges in that particular court, are very supportive of the mother (she just sends her lawyer for hearings). Father hates it because all judges know him and categorically rule against him (and because he has to drive back to that county for every court hearing, being pro se). Mother knows how good that particular court has been and will vehemently oppose for the case to be transferred to a different court.

    if 2 people, for instance, used to live in Washington and one of them moved to Maine 5 years ago and the other to Hawaii 2 years ago, surely the court cannot expect them to have to travel to Washington every time a motion needs to be filed or heard

    What would be the procedure to either change the court venue to another county in Washington (where no judge has ever met father or mother) or, even better, to New Mexico where mother and child live?

    Thank you
     
  7. army judge

    army judge Super Moderator

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    Neither have to return to Washington in the example you used above.

    They must return, however, because the child is under the jurisdiction of the Washington courts.

    I suggest you talk to a Washington lawyer if you desire a more detailed explanation.

    I told you once, I'll tell you again, legal discussion sites CAN'T address complex legal matters.

    Legal discussion sites can address simple legal questions.

    However, these days people can use internet search engines to answer many of their questions.

    One shouldn't expect to diagnose red, blue, and green spots on their arms by visiting https://www.webmd.com/default.htm

    One might be able to understand what a rash is, but https://www.webmd.com/default.htm won't illustrate how one removes a tumor in the groin.

    I urge you to hire a lawyer, or accept and embrace defeat.
     
  8. army judge

    army judge Super Moderator

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    Lawyer: Objection, your honor, asked and answered.

    Judge: Sustained, counsel, move on.
     
  9. PayrollHRGuy

    PayrollHRGuy Active Member

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    The reason most of us post here is to help people that actually have a problem. Not answer random, hypothetical questions.
     
    army judge, Zigner and justblue like this.
  10. zddoodah

    zddoodah Well-Known Member

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    Well...if you know that only a local attorney is likely to be able to answer your question, then what is your purpose in posting here? Are you thinking that lawyers who practice in all areas of the law and who are admitted in every state post here regularly? That's certainly not the case. We can provide answers to general legal questions, but outlining specific procedural steps for every conceivable legal situation isn't something well-suited for an internet message board.

    The court that issued the divorce judgment or custody order maintains jurisdiction to enforce and modify it unless a change of jurisdiction is warranted. In the case of two persons who divorce in State X and one of them moves to State Y and the other to State Z, then jurisdiction could be transferred to whichever of State Y or State Z is now the residence of the child. However, where the divorce occurs in State X and one parent and the child move to State Y, while the other parent remains in State X, jurisdiction cannot be transferred to another state. Whether venue within State X can be changed is a local matter that requires revue of the applicable venue law and possibly some case research.

    File a motion for change of venue.

    Not possible, as long as the father continues to live in Washington (unless both parents consent to such a change).
     

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