A trial court generally can only modify a Washington parenting plan if it finds, based on new facts since the prior plan, that there has been a substantial change in circumstances of the nonmoving party or the child. The court must also find the modification is in the child’s best…
A wife recently appealed a trial court’s decision not to grant a domestic violence protection order (“DVPO”) in a divorce proceeding. She argued that RCW 7.105.225(1)(a) required the court to issue the DVPO after a finding of domestic violence and that the court incorrectly interpreted the statute to require it…
Two federal courts have granted preliminary injunctions enjoining the Department of Education (“Department”) from implementing or enforcing the new Final Rule, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance in certain states. The States of Louisiana, Mississippi, Montana, and Idaho filed suit in…
In some circumstances, a Washington juvenile court may decline or waive jurisdiction and transfer a case, resulting in the juvenile being tried as an adult. The U.S. Supreme Court set forth the factors to be considered by a juvenile court in making a decision to decline jurisdiction in Kent v.…
Arbitration and alternative dispute resolution can save parties to a Washington divorce some of the expense and stress of litigation. The ability to challenge a decision resulting from a voluntary arbitration may be limited, however. In a recent case, a father sought court review of an arbitration decision relating to…
RCW 77.15.080 authorizes fish and wildlife officers to temporarily stop a person, based on articulable facts they are engaged in fishing, harvesting, or hunting activities. to ensure they are in compliance with Washington fish and wildlife laws. A defendant recently challenged his firearms conviction, arguing he was improperly stopped by…
It can be difficult for a student who has faced disciplinary action for alleged misconduct to successfully show a Title IX violation by the school in the investigation and disciplinary process. Even if they cannot show sex-based discrimination, in some cases, the student may be able to show the school…
In many Washington criminal cases, defendants challenge the evidence the state wants to use against them. In a recent case, a defendant appealed his conviction, arguing the trial court erred in admitting evidence obtained from his vehicle and evidence of previous criminal convictions. According to the appeals court’s unpublished opinion,…
A trial court in a Washington divorce case has broad discretion to justly and equitably distribute the property. The court must analysis the relevant factors as set forth in RCW 26.09.080. The court may distribute both community and separate property and does not need to find exceptional circumstance to support…
Allegations of domestic violence can affect a Washington custody case. A Washington appeals court recently considered whether a child could pursue a Domestic Violence Protection Order (“DVPO”) against his mother after another court denied his father’s petition to modify custody based on the same domestic violence allegations. Walla Walla County…