I am doing everything I can, to protect my 4 year old daughter.

  Rebecca was taken from Washington state illegally in 
  July of 1998 by her non custodial mother.

  Her mother has made false allegations against me.  
  Allegations that were heard, and dismissed in a 
  Washington court. Meanwhile a court in King county 
  was issuing an arrest warrant for Theresa Endicott,
  Rebecca's mother. For unrelated crime.  Theresa 
  left Washington state to avoid jail time in King
  county.

  I have co-operated fully with CPS, and law enforcement.
  I have passed a poly-graph concerning these allegations.  
  I still have legal custody of Rebecca.  The courts of 
  Washington state have not restricted my access to 
  Rebecca.  The court has in fact issued several civil 
  orders demanding the return of Rebecca Briggs to me,
  Jeff Briggs, her father.

  The prosecutor in Chelan county sent the letter below to 
  my attorney. The law is clear.  Please judge for yourself.

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               RCW 9A.40.060
 
 

 
 Custodial interference in the first degree.  (1)

A relative of a child under the age of eighteen 
or of an incompetent person is guilty of custodial 
interference in the first degree if, with the intent 
to deny access to the child or incompetent person by 
a parent, guardian, institution, agency, or other 
person having a lawful right to physical custody of 
such person, the relative takes, entices, retains, 
detains, or conceals the child or incompetent person 
from a parent, guardian, institution, agency, or other 
person having a lawful right to physical custody of 
such person and:
      (a) Intends to hold the child or incompetent 
person permanently or for a protracted period; or
      (b) Exposes the child or incompetent person 
to a substantial risk of illness or physical injury; or
      (c) Causes the child or incompetent person to 
be removed from the state of usual residence; or
      (d) Retains, detains, or conceals the child or 
incompetent person in another state after expiration 
of any authorized visitation period with intent
to intimidate or harass a parent, guardian, institution, 
agency, or other person having lawful right to physical
custody or to prevent a parent, guardian, institution, 
agency, or other person with lawful right to physical
custody from regaining custody.
      (2) A parent of a child is guilty of custodial 
interference in the first degree if the parent takes,
entices, retains, detains, or conceals the child, with 
the intent to deny access, from the other parent having 
the lawful right to time with the child pursuant to a 
court-ordered parenting plan, and:
      (a) Intends to hold the child permanently or for 
a protracted period; or
      (b) Exposes the child to a substantial risk of 
illness or physical injury; or
      (c) Causes the child to be removed from the state 
of usual residence.
      (3) A parent or other person acting under the 
directions of the parent is guilty of custodial 
interference in the first degree if the parent or 
other person intentionally takes, entices, retains, or 
conceals a child, under the age of eighteen years and 
for whom no lawful custody order or parenting plan has 
been entered by a court of competent jurisdiction, 
from the other parent with intent to deprive the other 
parent from access to the child permanently or for 
a protracted period.
      (4) Custodial interference in the first degree
 is a class C felony. 

 [1998c 55 § 1; 1994 c 162 § 1; 1984 c 95 § 1.]

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