On the 15th October my wife of 24 years dropped a bomb the she doesn't love me, leaving with 3 children aged 10,11,14,

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Customer: Hi there, on the 15th October my wife of 24 years dropped a bomb the she doesn't love me, leaving with 3 children aged 10,11,14, and no further reason given. Wendy (ex-wife) also said she is looking for a rental but is having trouble as there are no rentals available. So I came up with a solution that I would move into my camper trailer at the back of our semirural property and she can stay in the house so our kids can have a secure roof over them and I told her that time was not a problem and I was happy to live in the camper until she found a rental and I would even help her physically and financially. As a disabled pensioner with multiple back fractures and Wendy our 10 and 15 year old children being my carer's. I moved into the camper on Friday and my children preferred to stay in the camper with me as Wendy hasn't left the room since the 15th except to purchase more alcohol and to use the toilet. She has done no household duties or been a carer in any way for the last 18mths. I have cooked every meal since the 15th, done all the laundry and all home duties as well as keep my campsite shipshape. We also have recently got 2 puppies and have a old dog and cat. Last night I went to go inside as I wanted to pop it my 11yo son's mango seed in the fridge as he had watched a instructional video on how to raise a mango tree yesterday. On reaching the back door I found the flyscreen locked which we have never done since we purchased the house 2.5years ago. I went around to our carport door and I had to unlock the never locked flyscreen and attempted to enter the kitchen. Wendy rushed me at the door and tried to slam me and Pedro (17week old jack Russell ) in the door I pushed the door and Wendy back as half of my body was inside, immediately after wholly entering the kitchen she has immediately started screaming numerous rants along the lines of me being pshyco, murderer, intruder and proceeded to physically assault me with fists, nails and kicks. Whilst protecting myself from her I dropped my keys which she immediately went for, in the struggle we both ended up on the floor with Wendy getting up and kicking me over my body from head to toe with Pedro wrapped in my arms trying to protect him as he was trying to protect me. Wendy the got a pycnh thru to Pedro and as I was on my back I did the only the I could and I kicked out to push away and yelled do not touch the dog hit me if it helps but don't hurt Pedro. She let me get to my feet then went back into punching I dropped Pedro ad her obvious aim was to hurt him and grabbed both of her wrists and pushed her up to the oven and held her for a minute or there abouts until she said that she would not strike again. 20 mins later the police have turned up and told me that I have to go and cannot return for 72hrs,they happily gave them my gun cabinet keys which were hiding in the camper 48 hrs prior with concern for kids and myself. I can nearly move and the police at Bunbury station wouldn't charge her with assault and even though I said my only concern is the kids and Wendys not a capable mother in any way. I had already so called the police whilst laying on the ground in pain after exiting my house and I went to meet them out front but they were already there. I would appreciate help in any way as the legal aid family law in Bunbury is three weeks behind and I have contacted you as instructed to by the police.....
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
JA: Family law varies by state. What state are you in?
Customer: Wa
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Answered by Dan Dufresne in 12 mins 1 year ago
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Dan Dufresne, Expert

Good evening! My name is ***** ***** I've been an attorney for 18 years. I look forward to assisting you. Do you have a specific legal question?
Customer
my one and only concern is for my children as she is definitely not in a fit state to be a mother and why can't I put assault charges against her?
Customer
Have you received my question?
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Dan Dufresne, Expert

Hi
Customer
Any ideas
Customer
Can DCP help me?
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Dan Dufresne, Expert

With regard to the assault, police have the discretion to make an arrest based on the totality of the circumstances. With regard to your children, the court will consider the following when reviewing custody: 
Mark K. Baumann Attorney at Law P.S.
Family Law Litigation, Mediation, & ConsultationAboutServicesFor ClientsFor ProfessionalsNews & InfoContact usSearch this website1-***-***-****Defining Best Interest of the Child (BIOTC) in WashingtonDefining parenting under Washington lawYou are here: Home / Family Law forms / Defining Best Interest of the Child (BIOTC) in WashingtonMarch 4, 2021Washington law defines the Best Interest of the Child, and parenting functions in a collection of laws. This page collects them in one place. These are all from RCW 26.09, the divorce chapter, and applies to cases where people are not married and have a child, and nonparental (visitation) and minor guardianship (custody) cases. (Some of the statutes below only include the relevant information.)RCW 26.09.002 PolicyThe best interests of the child are served by a parenting arrangement that best maintains a child’s emotional growth, health and stability, and physical care. Further, the best interest of the child is ordinarily served when the [BIOTC means maintain] existing pattern of interaction between a parent and child is altered only to the extent necessitated by the changed relationship of the parents or as required to protect the child from physical, mental, or emotional harm.
RCW 26.09.002RCW 26.09.004 DefinitionsThe definitions in this section apply throughout this chapter.
(2) “Parenting functions” means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child. Parenting functions include:
(a) Maintaining a loving, stable, consistent, and nurturing relationship with the child;
(b) Attending to the daily needs of the child, such as feeding, clothing, physical care and grooming, supervision, health care, and day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;
(c) Attending to adequate education for the child, including remedial or other education essential to the best interests of the child;
(d) Assisting the child in developing and maintaining appropriate interpersonal relationships;
(e) Exercising appropriate judgment regarding the child’s welfare, consistent with the child’s developmental level and the family’s social and economic circumstances; and
(f) Providing for the financial support of the child.
RCW 26.09.004RCW 26.09.184 Permanent Parenting Plan(1) OBJECTIVES. The objectives of the permanent parenting plan are to:
(a) Provide for the child’s physical care;
(b) Maintain the child’s emotional stability;
(c) Provide for the child’s changing needs as the child grows and matures, in a way that minimizes the need for future modifications to the permanent parenting plan;
(d) Set forth the authority and responsibilities of each parent with respect to the child, consistent with the criteria in RCW 26.09.187 and 26.09.191;
(e) Minimize the child’s exposure to harmful parental conflict;
(f) Encourage the parents, where appropriate under RCW 26.09.187 and 26.09.191, to meet their responsibilities to their minor children through agreements in the permanent parenting plan, rather than by relying on judicial intervention; and
(g) To otherwise protect the best interests of the child consistent with RCW 26.09.002.
RCW 26.09.184RCW 26.09.187 Criteria for establishing permanent parenting plan.(3) RESIDENTIAL PROVISIONS.
(a) The court shall make residential provisions for each child which encourage each parent to maintain a loving, stable, and nurturing relationship with the child, consistent with the child’s developmental level and the family’s social and economic circumstances. The child’s residential schedule shall be consistent with RCW 26.09.191. Where the limitations of RCW 26.09.191 are not dispositive of the child’s residential schedule, the court shall consider the following factors:
(i) The relative strength, nature, and stability of the child’s relationship with each parent;
(ii) The agreements of the parties, provided they were entered into knowingly and voluntarily;
(iii) Each parent’s past and potential for future performance of parenting functions as defined in *RCW 26.09.004(3), including whether a parent has taken greater responsibility for performing parenting functions relating to the daily needs of the child;
(iv) The emotional needs and developmental level of the child;
(v) The child’s relationship with siblings and with other significant adults, as well as the child’s involvement with his or her physical surroundings, school, or other significant activities;
(vi) The wishes of the parents and the wishes of a child who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule; and
(vii) Each parent’s employment schedule, and shall make accommodations consistent with those schedules. I hope I've been able to assist you. Please let me know if you have any additional questions. I'm here to help!
Customer
Thank you for the advice, can DCP help as Wendy has done nothing but sit in her room and abused alcohol for the last 18 months besides driving the kids to school albiet drunk behind the wheel and taken or 11yo to his medical appointments?
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Dan Dufresne, Expert

I'm sorry to hear about your situation.
Customer
Thank you for your help and empathy. Yours sincerely ***** *****
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Dan Dufresne, Expert

Pleasure!
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