Child Travel Rights Clarification

Summary

Without a custody order in washington, both parents have equal rights. You are not obligated to send your child if safety concerns exist. Consider filing for emergency custody or a restraining order. Communicate calmly with your spouse and document interactions. Consult a local attorney for personalized advice.

Full Conversation

I left my abusive spouse and we share a child. He purchased a plane ticket for her to fly out of state to visit alone. She does not feel safe going alone and there is no custody order or parenting plan yet as divorce has not been filed. I need to make sure I am within my legal rights by refusing to send her but am concerned about the ramifications as the ticket has already been purchased
Hey ****, I'm sorry to hear about your situation. In California, without a custody order, both parents generally have equal rights to make decisions regarding your child. Here are some key points to consider:
- You are not legally obligated to send your child without a custody agreement.
- You can file for an emergency custody order if you believe your child is in danger.
- Document your concerns and communication with your spouse.
Would you like to know more about filing for custody or any other legal options?
I am in Washington and the spouse is in Alaska
Thanks for sharing, ****. Since you're in Washington and your spouse is in Alaska, the situation involves both state laws. Generally, in Washington:
- Without a custody order, both parents have equal rights.
- You can file for a temporary restraining order if necessary.
- Consider filing for custody in Washington for protection.
Would you like to explore how to file for custody or discuss other legal actions you can take?
I need to know if I am required to send her or not
Case Rating: *
In Washington, without a custody agreement, you are generally not obligated to send your child if you have concerns about their safety. If you feel it's necessary, you can file for a temporary restraining order or emergency custody to ensure your child's protection. Would you like more information on how to proceed with these options?
I need advice on how to relay this information to her father. He is prone to explosive and retaliatory responses when he doesn’t get his way
Case Rating: *
Communicating with someone prone to explosive reactions can be challenging. Here are some tips to relay the information effectively:
- Stay calm and composed during the conversation.
- Use clear and factual language; avoid emotional triggers.
- Document the conversation for your records.
- Consider having a neutral third-party present or communicating through writing.
If you need more information on legal protection or any other assistance, feel free to ask!