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What is Custodial Interference?

Posted by Elise Buie | Feb 01, 2017 | 0 Comments

A client may come to our office in a panic when the other parent has kept their child in violation of the parenting plan. In addition to speaking to their family law attorney regarding a potential habeaus corpus, or contempt action they are interested in learning about custodial interference, but what is it?

If a parent “takes, entices, retains, detains, or conceals the child” with the intent to deny access of the other parent to his or her child in violation of the court-ordered parenting plan they may be charged with custodial interference under Washington State law. Custodial interference may be charged in the first degree under RCW 9A.40.060 which is a felony or RCW 9A.40.070 which is a gross misdemeanor for a first time offense.

 

For a charge of custodial interference rises to the level of first degree if, in addition to the taking or concealing the child, the parent also:

  • Intends to hold the child permanently or for a long period of time;
  • Exposes the child to a substantial risk of illness or physical injury; or
  • Causes the child to be removed from the state where the child usually lives.

Custodial Interference in the second degree applies where a parent or relative of a child takes or conceals a child without the intent to hold the child for a long period of time, or in a manner that does cause substantial risk of illness or physical injury to the child. This applies where the parent is found to have violated the terms of the parenting after a finding of contempt under RCW  26.09.160(3); or the parent has “engaged in a pattern of willful violations of a court order making residential provisions for the child”.

Although custodial interference applies to parents, it is also extended to other relatives or third parties acting upon the parent's directions.

While custodial interference may technically apply, police action or criminal charges will not necessarily be automatic. You should speak with your attorney as quickly as possible in these situations for assistance in determining the best approach to regaining your child.

As experienced family law lawyers, we understand that custody disputes can be stressful and confusing. For insight into your child custody situation, or for guidance in resolving your custody dispute call the family law attorneys at Elise Buie Family Law Group, PLLC for a free consolation.

About the Author

Elise Buie

Passionate, creative, problem-solving attorney who crafts solutions rather than obstacles. Elise spends significant time educating her clients on healthy communication skills. Elise also ensures that her clients make informed decisions by understanding the future emotional and financial implications of their decisions. Your family's future is our first priority. Elise teaches her clients new skills to empower them in the future as they adjust to the new family structure. While divorce ends a marriage, it is the beginning of your new, often times, more authentic life. Elise will help you begin that new life with new skills to handle any future challenges.

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At Elise Buie Family Law Group, PLLC, we represent clients from Seattle and Bellevue, Washington, and the surrounding region, including all of King County and the cities of Redmond, Kirkland, Bellevue, Edmonds, Issaquah, Kenmore, Kent, Federal Way, Shoreline, Des Moines, Bainbridge Island, Vashon, Auburn, Renton and Puyallup. We love working with clients from Seattle's unique, eclectic neighborhoods: West Seattle, Fremont, Ballard, Madrona, Queen Anne, Greenwood, Ravenna, Maple Leaf, Wedgewood, View Ridge, Laurelhurst, Windermere, Madison Park, Magnolia, South Lake Union, Capitol Hill, Broadmoor, Phinney Ridge, Crown Hill, Yarrow Point and Mercer Island.

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Elise Buie Family Law Group PLLC
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