The Shelf-Life of an Ex Parte Order.

Ex Parte orders are usually temporary such as a restraining order or one for temporary custody.  In the state of Washington those orders are good for only a fortnight…14 days.  Having said that, it could still be the most excruciating two weeks of your life if you are unfortunate enough to be on the receiving end.

If you are served with an Ex Parte order, that notice of a full hearing is also served with your restraining order on the first or second page.  In most cases, you may be best served spending that time preparing for the hearing rather than just reacting to it without taking the proper legal action necessary.

If you wait until after the hearing to see an attorney that may be very detrimental to your cause.  If you have been the recipient immediately contact Craig Mason.  Attorney Mason is a Spokane area Ex Parte order defense attorney.  When you need a strong, thorough family attorney in Eastern Washington contact Craig Mason at (509) 443-3681.

Don’t Be in Such a Hurry!

Everyone seems to be in a hurry to settle a property claim after being in an accident.  Insurance companies are more than happy to do so.  Vital evidence is lost forever when this happens.  Once you accept payment the story ends and only one party is completely satisfied...guess who that is?  You’re right…the insurance company!

The insurance companies are in even more of a rush to settle your injury claim.  They "make light" of your injuries, especially "soft tissue" injuries, as if ligaments and tendons are optional!

Many injuries will not appear for months after a collision, especially if you had one injury distracting you, and as it heals up the more significant, long-term, injury will be more noticeable.

The general public would not know any better, and so generally, they accept the first offer thinking that is the only one they will ever receive.  Nothing could be further from the truth!  By hiring aggressive representation of your own you find out otherwise.

To protect yourself, you should consult Spokane property claim car accident attorney, Craig Mason.  Attorney Mason has been protecting Spokane area residents from making hasty decisions for decades and he may help you as well.  Give him a call and schedule a meeting at his office by calling (509) 443-3681.

The Proper Focus for Court on Initial Custody Hearings.

In family law court, a bad thing is that there is a lot of perjury.  Many parents want to "win" so badly that they lie under oath to try to achieve it.  A good thing is that such a lie might be the first, second, or third time that parent has told a lie to a judge or commissioner, but it is the 1000th time that the judicial officer has heard a similar lie.  And so it is harder to get away with lying than the dishonest person thinks.

However, "truth" does not exist in court, only "evidence" exists in court.  Your facts for your argument -- indeed, your "life," as it applies to your case -- is boiled down into a thin file of written documents that will be the basis for decision.  Remember, your "life," as the judge sees it, is just the file.  And so preparing your facts is what is important, and what you want are the facts to show your parenting history, your bond with your children, and your financial situation.

"Bashing" the other parent is largely useless, short of the other parent being a child-abusing heroin addict. (And it hurts you to falsely allege such a thing.)  Instead, you must present carefully supported facts that show that you have spent your life serving the best interests of your children, and that you will continue to do so. 

Attorney Mason is very experienced in helping you present what actually matters to the court decisions.  Do not get misled by animosity or attorneys who inflame it.  Keep your focus on the best interests of the children.  Call Spokane family lawyer Craig Mason for a consultation today at (509) 443-3681.

Objection to Relocation.

The law of relocation is evolving in Washington State.  For over two decades, the law has assumed that once a parenting plan has originally determined “primary placement” (“custody”), then that parent with primary placement may move with the children unless the other parent can “rebut” the presumption in favor of relocation after a trial on ten statutory factors involving the relationships, education, and well-being of the child.

A parenting plan is determined by the best interests of the child, but a relocation trial must raise the concerns about the move to a higher standard to “rebut” that presumption that the parent with the most time with the child (primary parent) may move with the child.

However, these days may parents have a 50/50 parenting plan, and so most trial courts had a “relocation trial” on the 10 factors, without a presumption.  But, a recent court of appeals case said that as neither parent has the presumption in a 50/50 plan, the relocation trial must follow the rules of a normal modification (which requires a threshold finding of “adequate cause” before a modification can proceed).  This change is working its way through the system.

In other words, relocations have always been legally technical, but now, more than ever, you will want Attorney Craig Mason to lead you through this evolving legal thicket, whether you are seeking to relocate, or seeking to stop a relocation of your children.

In Eastern Washington, Craig Mason is a well-known divorce attorney who will guide you through the process of objecting to relocation.  This has an impact on the rest of your life and your kids.  Call Attorney Craig Mason today at (509) 443-3681.

Relocation after Divorce.

Even if you have had a custody arrangement that has worked for years, it is possible that the parent with primary placement has a job opportunity, or a re-marriage opportunity, that is just too good to pass up.

If you are going to move with the child, you must provide a Notice of Relocation to the other parent, and if you learn that the other parent is going to move, and you oppose the move, you must file and Objection to Relocation.

Washington courts presume that they will allow the parent with the child the majority of the time (“primary placement”) to move with the child, unless the relocation can be “rebutted” by showing harm to the child from the move. Any objection must “rebut” the presumption that the parent can move on the basis of statutory factors that address the harm to the child from removing the child from an established environment and from established relationships.

Such a life-altering step for you and your minor child needs careful thought and superb representation.  There are many and varied statutory factors that the court must consider before making such a ruling.  For many years, Craig has been representing parents in litigating the factors to allow, or to prevent, a relocation of the children. Go into court with veteran Spokane child relocation attorney Craig Mason.  Call him today at (509) 443-3681.

Hold the Phone…They are Trying to Take my Kids.

In a divorce proceeding the other side may issue an “emergency” order to seize property, children, etc.  Often these orders are issued without proper notice giving the other side virtually no time to read or respond to them.  A phone call from the ex-parte courtroom as the orders are about to be signed is not enough notice to do more than stagger into an ambush and lose!

No matter how one-sided and disreputable this may seem to claim an “emergency” when there is none, it is a fact of life. 

Emergency orders, though often abused, exist for good reasons.  Courts issue ex parte orders to “play it safe” when another party has made “hot allegations” that the other parent or partner is a danger to the person requesting the order.  “Just in case,” the courts often grant the ex parte order.

That said, there are unethical attorneys out there who will intentionally abuse “play it safe” tendency in the system and use ex parte orders to grab the children, the house, and the community funds. It is imperative that you do all you can to respond quickly.

In the face of this trauma, a professional family attorney with your interests at heart can undertake the fight on your behalf. That attorney is Spokane divorce lawyer Craig Mason.  Get a very experienced family attorney on your side today by calling 509-443-3681.

De Facto Parentage

Have you taken over the role of a parent for a child, perhaps in a marriage in which the other parent was absent or unfit, and now you are divorcing and fear losing contact with your step-children?  Or have parents simply abandoned some children with you for years, leaving you to bond with them, and now a parent has returned and wishes to end your role in the children’s lives?  You might seek a de facto parentage action.

In Washington, the four factors the court will evaluate are:

(1)  Did the biological parent or legal guardian of the child foster this parent-like relationship?

(2)  Did you and the children live together in the same household?

(3)  Did you assume the obligations of parenthood without expectation of financial compensation (ruling out most foster parents). 

(4)  Did you parent the children long enough to form a strong, bonded, dependent, and parent-like relationship?

If so, then the court may protect your rights to visitation with these children. 

For this complex matter, contact Craig Mason of Mason law at 509-443-3681 for a consultation to protect the hearts, souls and well-being of these children to whom you have given so much.

“He said…She said.”

When a divorce proceeding degenerates to this, it can be a sign that things have turned nasty, and the courts tend to find both parties “equally” to blame.  If the conflict gets too "hot," in reality or by allegation, the court may enter some form of “no contact” order.

In the State of Washington, there are different types of orders designed to prevent contact between two people…even if those people have lived under the same roof for years.  This can take on many and varied meanings of “contact”.

In this day and age prohibited contact can include texting, emailing, Facebook, even the old-fashioned three-way communication where you have someone speak to another person on your behalf.  People are accustomed to referring all orders preventing contact as “restraining orders”.  The type of order and who issues it will more specifically determine the restraints.

Next time, we will examine these different types of orders and their meaning.  For now, if you are served with court papers don’t dread making that call to a lawyer.  Spokane area restraining order attorney Craig Mason will take action on your behalf immediately.  Give him a call for a consultation at (509) 443-3681.

The Proper Use of Your Time When Served with a Restraining Order.

When an ex-parte order is served in a divorce case the real work begins.  If you have the proper representation, then your attorney will know exactly how to prepare for the hearing which will take place in about two weeks.  How your attorney handles your case during this crucial period may ultimately affect the outcome.

As stressed-out individuals we often get caught up in responding to “temporary orders”.  These may include who gets the house, the car, who controls the bank accounts UNTIL the trial.  By the time we get around to hiring the proper family lawyer we may already be bogged down.  It takes patience and time to properly respond.

DO NOT WAIT to hire the right person!  That decision becomes easy when you discover the experience and credentials of Spokane, WA divorce attorney Craig Mason.  If your spouse was able to obtain an unjustified ex-parte restraining order Craig will handle it for you.  Call his office located at 1707 W. Broadway Ave. in Spokane at (509) 443-3681.

Hiring the Right Family Attorney.

Family law often involves too much conflict and litigation, whether it is a divorce or unmarried parents establishing a parenting plan, or adjusting child support to changing incomes.  As long as the attorneys on both sides do their jobs, the court is likely to apply the statutes and case law in a very predictable way. 

If the other party begins intensely litigating to put “their” facts before the court, then you must respond with equal intensity to put your facts before the court.  As long as each side does their job getting their facts to the court, then you are right back to where you began, getting the same decision you would have gotten before the intense litigation began.

This is why so many family law clients appreciate Craig Mason as their family law attorney.  Mr. Mason seeks amicable resolution as his first approach to his cases, and he often finds creative ways to formulate agreements that meet the needs of both parties.  However, if the other party, or the opposing attorney, insist upon intense litigation and a “war over the facts,” Craig Mason will work very hard to help you present the documents and witnesses you need to make sure your side of the story is told, so that the court can make a fair decision.

Quashing a Restraining Order.

Okay, so perhaps you got hit with a disturbing piece of paper to start the New Year…a restraining order.  Seriously, why now?  It does not matter when it happens, it hurts all the same.  You may feel distraught, but you are definitely NOT powerless!  It’s time to fight back and quash that restraining order.

If you act quickly in concert with a great family law attorney you can set in motion the process to quash any “no-notice” order on two-days’ notice to the other side.  Sometimes it can happen even more quickly than that, if you can get your defense together right away.  It is important to get to court BEFORE the hearing date set in the order.  For example, when an ex-parte order is served up to fourteen days before your hearing, and if you are restrained from your children, you do not want to wait that long to see them.

All of this may be overwhelming to the layman, but not to a veteran family lawyer.  The right man to call and take immediate action is Spokane restraining order attorney Craig Mason.  Attorney Mason will “go to bat for you” right away.  So do not hesitate even one day.  Call Spokane, WA family lawyer Craig Mason at (509) 443-3681.

Starting 2017 with the Right Attorney.

If you have a family legal issue on your mind as the New Year begins we know it is a heavy burden to take into 2017.  Just as marriage is a part of most lives, unfortunately divorce is also a part of about half of those lives.  Approach this situation with a fresh perspective.  Separation or divorce may be inevitable this year, and hiding your head in the sand won’t change that.

Maybe you have already encountered the first step in the process - the realization that this union is no longer best for you or your family.  You have jumped the first hurdle.  Now you must prepare for life as it will be in the months and years to come.  That cannot be done without professional representation and the right family attorney to represent you in court.

When it pertains to the divorce courts of Spokane and Eastern Washington hundreds of men and women have trusted the services of Craig Mason.  For decades this Spokane area family attorney has helped people navigate through the system to get the most favorable and fairest results possible.

Contact Craig early in the New Year to meet at his office at 1707 W. Broadway.  Call (509) 443-3681.

Parenting Plans on the Holidays

Hopefully everyone got along for the holidays, and all the visitation happened as it was supposed to under your parenting plan.  If the other parent was not cooperative, you are to be congratulated for waiting until after the holidays to seek relief in the courts.  It is very hard to be cheated out of parenting time, and it is even more emotionally freighted during the holidays.

If you do need to file a contempt of court (or defend against an unjustified attempt to hold you in contempt), remember that a contempt of court is a willful violation of a court order, without good excuse.  Most court orders are plainly worded, and so the violation is clear.  Next, the good excuse and willfulness elements interact most of the time.  Perhaps someone accidentally violated the parenting plan, but that is not likely.  More likely, the person violating the order thinks he or she has a good excuse, and the other side thinks the violation was simply a willful desire for the violator to get their way, despite the court orders.

Spokane Washington family attorney Craig Mason will sit down with you to explore these contempt issues.  Mr. Mason has years of experience in bringing and defending contempt actions.  You want and need an experienced representative who knows his way around Spokane County family court.  Give him a call to set up your initial consultation at (509) 443-3681.

Division of Property in Washington State.

In dividing property in Washington State, the court will “characterize” property as community property (acquired by the labor of the marriage partners, or by gift during the relationship) or as separate property (owned before marriage, such as a business, or received as gift to just one spouse even if during the marriage, such as an inheritance).

The court will make a “just an equitable distribution" of both kinds of property. Community property will certainly be divided.  As to separate property, the court may respect the “separate character” of something like a pre-existing business, and leave it with the person who owned that asset prior to marriage, or the court may give the separate property of one spouse to the other spouse at dissolution.  Many factors will be considered by the court, from length of marriage and earning power of each spouse, to who has the children, to something like an award of property instead of a spousal maintenance award.  (HINT:  This is also why a good pre-nuptial property agreement is wise.)

Craig Mason has been a Spokane area family lawyer for decades and will help “your side” sort it out.  Craig has long been a strong defender of his client’s rights in divorce disputes as a practitioner of family law from his office on 1707 W. Broadway in Spokane WA.  DO NOT go into a division of property dispute without representation.  Call attorney Craig Mason at (509) 443-3681.

Types of Restraining Orders.

There are three types of restraining orders that can typically occur in a family law action:   Anti-harassment (RCW 10.14), Domestic Violence (RCW 26.50); or civil restraints issued under the dissolution (RCW 26.09).

If there is a danger or physical harm or other irreparable harm, then you or your attorney can get an order good for up to 2 weeks without notice to the other side (based upon the possibility that the opposing party will commit the irreparable harm before the order prohibiting it can be issued on normal hearing times).  These “no notice” restraining orders are called “ex parte” orders, because you get to go to the court without the normal two-week notice to the other party, and without the other side having a chance to tell their side of the story before the emergency order is issued by the court.

Unfortunately, because these orders can allow the person making the allegations an opportunity to grab the children and the home without notice, they can be abused.  In which case you need to quickly gather your facts and bring a “motion to quash” the restraints.

Craig Mason will aggressively fight for you to get your facts to the court, whether you have legitimate concerns, or you have been abusively restrained.  Call him today to arrange for a free consultation at his Spokane office at (509) 443-3681.

Child Support Modifications

Child support orders can be an afterthought after a dissolution in which the parenting plan was the focus of the litigation.  Sometimes they can be unfair, and a party will seek to modify the child support order as soon as the law allows.  Other times, there can be a substantial change in the financial condition of one parent or the other, perhaps even immediately after the decree was entered.

In Washington, either parent can petition to modify child support at any time (even immediately after final orders in the dissolution) if there has been a substantial change in circumstances.  Otherwise, after a year, there is no need to show a substantial change in circumstances if the order is working a “severe hardship” on either party or the child, or if the child has moved into a new age category (or if post-secondary support – college support – is now requested).  After two years, either parent may modify the child support order simply due to changes in the incomes of either parent, or if the economic tables used to calculate support have changed.  (This type of change in child support may only be sought every two years, at the soonest.)

To negotiate the complexities of pursuing, or defending, a child support modification, contact Craig Mason of Mason Law in Spokane, WA at 509-443-3681.

A Parenting Plan Agreeable to Both Parties.

What is the worst part of the divorce process?  Almost everyone would agree that it is making plans for the proper parenting of your minor children.  They are the innocents in this conflict and their needs should always be paramount.  If one parent or another fights for custody just because they think that they deserve to “win,” the losers will be the kids.

Here are some rules to live by when deciding on joint custody -

1.  It’s not all about you.  Be an adult and do what is best for the children.

2. Assess, honestly, your own schedule and the commitments that you have in your daily life, and do not try to take more time with the children in court orders than you actually have time to give them.

3.  Just because you don’t want to be with your spouse anymore doesn’t make him or her a bad parent.

4.  Keep the lines of communication open, and remember that your spouse is as stressed as you are.  Give each other room to make some mistakes without responding with aggression.

5.  Don’t speak poorly about your ex…to anyone in this cyber age...and never speak poorly of your former spouse in front of the children.

No one wants the boys and girls that you have been raising together to have any more angst than is inevitable, despite your best efforts.  For the proper representation in all matters of family law contact Craig Mason.  Attorney Mason is a strong, experienced child custody attorney in Spokane, WA.  Please call him for a consultation at his office at (509) 443-3681.

You vs. The Insurance Company.

So you are unfortunately the victim of an auto accident that was not your fault.  Now you have to go to battle with Goliath…the insurance companies of North America.  Where do you think they get all of that money for those TV commercials?  First of all, make sure that you call YOUR insurance agent as soon as you can.  It is important to understand exactly what your insurance covers. 

Whenever you talk to an insurance agent take careful notes, even record the conversations if possible.  Check to see if you have coverage with more than one insurance provider through your homeowner’s policy or from signing up for a credit card.  Keep receipts and careful records of any expenses that you incur from pursuing your rightful claim.

When dealing with the big boys with the deep pockets it is important to have a tenacious representative on your side.  That man is Spokane, WA car accident and family law attorney Craig Mason.  He will aggressively fight for get everything that you are entitled to.  Call him today to arrange for a free consultation at his Spokane office at (509) 443-3681.

Know your Attorney.

If you have NO preconceived notion of whom to hire to defend you in a personal injury or family law case wouldn’t it be nice to already KNOW your attorney.  In Spokane the choices are many and varied.  If you get improper representation in your P.I. or divorce case your world could be changed forever.  Know your Spokane attorney BEFORE you hire him!

Look at some of the reviews that have been bestowed on Craig Mason.  “Craig took a case that others said I would get crushed in…not only did we NOT get crushed…we won”.   Eight different Spokane area law firms passed on one of Craig’s clients, but HE took the medical malpractice case and triumphed over a battery of lawyers.  Yet another said “Craig got my children back under very hostile circumstances”.

These reviews are real and the results are “in the books”.  You need to know that the person and firm going into battle for you is a winner!  Trust Spokane personal injury and family law attorney Craig Mason to get you everything that you are entitled to.  Call him today to arrange for a consultation at his Spokane office at (509) 443-3681.

Relocation after Divorce.

Even if you have had a custody arrangement that has worked for years, it is possible that the parent with primary placement has a job opportunity, or a re-marriage opportunity, that is just too good to pass up.  If you are going to move with the child, you must provide a Notice of Relocation to the other parent, and if you learn that the other parent is going to move, and you oppose the move, you must file an Objection to Relocation. 

Washington courts presume that they will allow the parent with the child the majority of the time (“primary placement”) to move with the child, unless the relocation can be “rebutted” by showing harm to the child from the move. Any objection must “rebut” the presumption that the parent can move on the basis of statutory factors that address the harm to the child from removing the child from an established environment and from established relationships.

Such a life-altering step for you and your minor child needs careful thought and superb representation.  There are many and varied statutory factors that the court must consider before making such a ruling. 

For many years, Craig Mason has been representing parents in litigating the factors to allow, or to prevent, a relocation of the children. Go into court with veteran Spokane child relocation attorney Craig Mason.  Call him today at (509) 443-3681.