My question involves a child custody case from the State of: Washington
This is a long story but I will try and make it short. I (father) have primary physical custody of our three children, twins that are 16 and 14 year old. The divorce paperwork was filed by her and she agreed that due to medical illnesses (yes more than one) that she is unable to care for the children full-time by herself. One of the twins has a rare genetic condition that needs intensive medical treatment and also affects her comprehension (she's at a 5th grade level). The 14 year old has ADHD/ODD and can be a handful if not on a very strict schedule with very clear rules and consequences. All of which is documented by several therapist and doctors.
My ex agreed to and had planned to relocate with myself and our children to another state because we both agreed our child's medical needs could be managed and treated in another state better. In November I applied for a transfer within my company and she agreed to that. Shortly after that her boyfriend moved in with his two daughters. On December 18, 2012 I told her that corporate had "signed off" on the transfer and I could get my start date at any time, she agreed with that and sent me several housing listings in the state we are looking to move to.
She had no problems at all with relocating the children to another state until January 6, 2013. Her boyfriend (we all lived together in one house. They lived in the mother-in-law apartment) was arrested for domestic violence against me. My ex took our two youngest children without my consent or knowledge but left our oldest with me. She refuses to give me an address for the children and told me that I could contact them via cell phone. My oldest told me that when my ex showed up she packed bags for the two younger kids. She was told by her brother that the other child was left alone with the boyfriend (he plead not guilty and was released on his own recognizance until trial) at a local Walmart. I found this out when I got back from the court filing the paperwork.
She told our children that I assaulted her and I should be in jail not the boyfriend. Just for the record I did not assault her (we did get in a screaming match which was not good for the kids I know) and the police took pictures of my injuries (I was the only one with any) and arrested him. She brought the two youngest to her boyfriend's arraignment hearing and told me that she "saw a doctor and if you don't let me keep the two younger children then that will dictate what I do next" in front of the two youngest children. She also told the prosecuting attorney for the domestic violence charge that she wanted to have me charged with assault on her, again in front of my two youngest children. The prosecuting attorney told her that she would need to go to the local police department to file that as this hearing was about the boyfriend's charges. The prosecuting attorney actually told her that our children had been traumatized enough and that the arraignment hearing was not an appropriate place for them to be. She suggest fairly forcefully that the children should wait outside the courtroom, which they did. I was granted a no contact order for domestic violence until the trail date.
We are divorced and do have a custody/parenting plan which states that I have primary physical custody of the children. She has visitation from Friday at 8:00 pm till Sunday at 5:00 pm. I have not seen my children or had any contact with them since Monday at 7:00 am except for when she showed up a the arraignment hearing with the two youngest at 1:00 pm. She has had no contact with the oldest child that she left with me. My ex has not voiced any objections to me taking the oldest child to the new state and in fact told me she did not care if the oldest went. I have sent my child (she has her own cell phone) that my ex took several text messages with no response. On January 8, 2013 at 9:00 am I got a message from the clinic where my daughter gets treated asking me where my child was as she did not show up for treatment. This treatment is vital to the well-being and health of my child. She cannot go more than two days past her scheduled date for treatment. I also got a call for the other child that he missed his doctor appointment.
On January 7, 2013 at 8:00 am (after she left with the kids) I found out my report date at the new job in the new state is January 21, 2013. I informed the ex at the arraignment hearing and immediately went down to the courthouse and filed an Notice of Intended Relocation and Proposed Parenting Plan. After I came home and talked to my oldest I went back and filed the following:
Motion/Declaration for an order to show cause re contempt (refusing to tell me where the children are and not following the parenting plan).
Is there any other paperwork that needs to be filed?
I am thinking that I should file an Ex Parte Order for Relocation as well.