Hey all,
Better check this ruling out, and its a published opinion, reads like a travelogue:
Parents lived in WA, broke up, mom files for temporary custody and Order of Protection, granted by WA. Mom takes the kids to Montana, dad follows, they reunite for a year, breakup, mom takes the kids back to WA.
Mom refiles for temporary custody and Order of Protection, granted by WA. Dad files for custody in Montana arguing the 11 months there establishes residence beyond the 6 month requirement for custody. Montana orders the mom and kids to return and not leave. The mom refuses and is cited for contempt and Montana: "requests the assistance of the appropriate law enforcement agencies in the states of Washington and Montana in facilitating such
transfer."
Then, dad gets a writ habeas corpus in WA and gets the kids back with the help of the cops, goes to Montana with them. Mom follows them, attends a hearing on custody saying she wanted to work things out and wanted the kids for Xmas, court said no, dad allowed it anyway.
Mom promptly takes the kids back to WA. Dad gets another writ of habeas corpus in WA but can't enforce it in WA because mom is hiding in a DV shelter and the WA cops won't assist the Montana Court.
Mom files for jurisdiction in WA claiming home state for the kids and that the WA Orders of Protection can only be preserved in WA, dad moves to dismiss. The WA and Montana judges have a phone hearing and all decide that Montana has jurisdiction. Mom then appeals and loses on all counts.
The Court of Appeals ruled that the mom never proceeded beyond tempoorary orders and that when they expired, so did jurisdiction. Also, that juridiction ceases unless a modification proceeding has been commenced.
Mom attempted arguments that she fled to Montana and then to WA to escape DV, that WA was more appropriate venue to enforce the original WA Orders of Protection that should have been continued. The WA court held that as irrelevant, as Montana would have been a more suitable venue and that the mom should have sought an Order of Protection and jurisdiction in Montana when she first moved there. As such, the temporary custody and protection orders expired, she never renewed them and WA lost jurisdiction.
Unknown the present status, legally, the kids have to go to Montana and live with dad. Good luck digging them out of the illegal DV hiding places run in this state. Good ruling overall.