What does this paragraph mean on a court order?

Question

Warning: Violation of residential provisions of this order with knowledge of its terms is punishable by contemp of court and may be a criminal offense under RCW 9A.040.060(2). Violation of this order may subject a violator to arrest.

This is a parenting plan. This is from a Washington court order. The father lives in Washington and has residential custody and the mother lives in Montana and has the summer visits and holidays. What will really happen if one parent decides not to return the children who are almost 11 years old and don't want to go back? Can the state that the parent lives in arrest them? Can the father come to the state of Montana and have the mother arrested even though he already has a contemp of court warrant out for his arrest in the state of Montana. Your help will be great!

Answer 1

Sort of kindof. Heres the deal. If she doesn't return the kids, shes in contempt. If he comes to Montana, he can get her arrested. But she can also get him arrested. If the children don't want to go back, they still have to. My advice would be to go back to the court and let the kids testify to the effect that they dont want to live with him. If you need more help, Email me. [e-mail]

Answer 2

It means that if you violate the terms of the custody agreement, you can go to jail. It cannot be arbitrarily done unless BOTH parties agree and even then it is best to go back to court.
He can go to Montana even with the outstanding warrant. He will be arrested but he might still show up.
Regardless, he does not even have to go to the state. All he would have to do is file a charge of kidnapping in the state of Washington where the current custody order is in effect and Mom can be picked up if she does not return the children at the appointed time. Don't let it come to that. Go to court in WA and indicate that the children do not want to return to physical custody of their father. They are at an age where the judge can speak to them to find out exactly what their wishes are

Answer 3

States usually honor custody orders by other states. The children have no choice in the matter unless reports of sexual abuse, physical abuse are brought up and they must be promptly reported to the proper agency in the state where it occurred. Charges can be filed for failing to return children per a court order and the person in violation charged with parental abduction. No matter what state the person is caught in they can and may be returned to the state of origin of the custody order to face additional charges besides contempt. Contempt is not the only charge that can be involved. Custodial interference may be a charge in some states.

Answer 4

Parents are arrested and prosecuted for failing to return a child when a court has ordered them to do so. If you can't live with the court order, you should still comply with it until your lawyer can go back to court and get the order changed. If a child is in danger with the other parent, call your attorney or child protective services. Do that as soon as you find out, DON'T wait until your visitation is ending and then make the mistake of trying to use that as an excuse to violate the order. If it is just a matter of a child not wanting to go because they prefer your place but there is no danger issue, they have to go. 'I was protecting my child' is a reason to go back to court, not a reason to ignore the order.

Answer 5

This means that once you have acknowledged the court order and its terms you are bound by law to follow the instructions to the letter. Failure to do this by either party would be seen as contempt of the court, in other words you have no regard whatsoever for its assistance and would not be viewed as appropriate. Further the court could ascertain that any variation by either party to the conditions set out could place the safety and well being of the child(ren) at risk and therefore it would be a criminal offence.
Any change must be firstly accepted by the courts and the order endoresed. I am sure that any such breach would be a federal concern and it would not matter what state you lived in.
Best advice, see your lawyer immediatly if you have any concerns for yopur welfare or that of your children.

Answer 6

If you so flagrantly violate the order, he, among other things, can file for a modification of the order, painting you as a violator and as unfit for any custody. If modified, he could be awarded greater, sole custody and your very limited future visits will be supervised. A Montana court would likely afford such an order full faith and credit. You should probably comply with the order, and file for a modification if, in fact, the children prefer to live with you.

Answer 7

If a parent decides not to return the child who is in the custody of the other parent, he/she will be charged for kidnapping. And as to your other question regarding the issuance of a warrant of arrest for contempt of court, the violator is going to be arrested once he sets foot in the state of Montana.

Answer 8

i live in the uk so i dont know how much help this will be.it does say violation of residential provisions which does mean in theory the mother could be arrested 4 contempt of court,if the kids are not returned.ALSO if the father comes to montana he is liable for the same offence-contempt of court.in uk the court far prefers kids to live with the mum,at 11 they are old enough for their preferance to be an important consideration but they cannot just move home it has to be legal.my advice is get legal help now.the court may grant you interim custordy.good luck!