When a court finds a parent has engaged in a history of acts of domestic violence, a permanent Washington parent plan may not require mutual decision-making or a dispute resolution process other than court action if the court finds a parent has a history of acts of domestic violence. RCW 26.09.191. A mother recently challenged a parenting plan that required joint decision making for health care and the court’s failure to enter a restraining order after she presented substantial evidence of a history of domestic violence.
According to the appeals court’s opinion, the parties got married in 2013 and had a child in 2014. They divorced in August 2015. The parenting plan acknowledged a “[h]istory of intimidation and verbal abuse. . . in the presence of [the] child,” but the trial court did not impose restrictions.
The father started a relationship with another woman in February 2015 and they had a child.