Family Law

Washington Appeals Court Affirms Dismissal of Custody Modification Petition for Lack of Adequate Cause

July 19, 2024 | by Blair & Kim, PLLC

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 interests and necessary to serve the child’s best interests. RCW 26.09.260. RCW 26.09.270 requires a court to deny a modification motion unless adequate cause to hear the motion is established in the affidavits. A mother recently challenged court orders dismissing her modification petition and denying her motion for reconsideration.

Pursuant to the permanent parenting plan, the child lived primarily with the father. The mother could have visitation every other weekend if certain conditions were met. According to the appeals court’s unpublished opinion, there were limitations on the mother’s visitation due to her “long-term problem with drugs, alcohol or other substances. . .” The parenting plan further provided that visitation would be revoked if she consumed drugs or alcohol.

Modification Petition

The mother petitioned for modification in 2023, alleging the father engaged “in a pattern of emotional and psychological abuse as well as coercive control over [the child].”

Washington Court Did Not Have Authority to Review Parenting Plan Arbitration Decision

June 20, 2024 | by Blair & Kim, PLLC

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 certain parenting plan disputes.

The parties got married in 2014 and had two children together before separating in early 2022. They filed a joint separation petition, but the mother subsequently withdrew. The father amended the petition to seek dissolution.

The parties later signed a CR 2A Stipulation and Agreement that stated they agreed the agreement was “fair, just and equitable” and were signing “freely, knowingly and voluntarily. . .” The agreement indicated it was the parties’ “full and final settlement on the issues in this divorce, including most of the provisions for the final parenting plan, the provisions for the child support order, and property division. It also stated the parties would negotiate the open items of the parenting plan, and if they could not reach an agreement, they would mediate the remaining items with the first available of three listed mediators. If they failed to reach a mediated settlement, they agreed to binding arbitration.

Former Husband Cannot Be Required to Name Ex-Wife Sole Beneficiary of Retirement Accounts in Washington Divorce

May 24, 2024 | by Blair & Kim, PLLC

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 awarding part of one spouse’s separate property to the other. Additionally, it may be fair and equitable for the court to award one spouse’s separate property to the other spouse who has less earning capacity. A former husband recently challenged a division that awarded the former wife a share of his retirement and pension, including his premarital retirement assets.

According to the appeals court’s unpublished opinion, the parties were married for about ten years when they separated in 2019. In March 2021, the wife petitioned for legal separation, and that petition subsequently became a petition for dissolution. The trial focused on the property distribution. Although there was a prenuptial agreement, the trial court found it was unenforceable.

The wife had worked as a flight attendant and later became a stay-at-home mother after the children were born. She worked as an Amazon courier when the trial occurred. She had about $85,000 in her retirement account.

Collateral Estoppel Precludes Child from Seeking DVPO after Washington Court Denied Custody Modification

May 13, 2024 | by Blair & Kim, PLLC

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 Proceedings

When the parents divorced in 2016 or 2017, the parenting plan named the mother as primary parent and gave the father visitation.

According to the unpublished opinion of the appeals court, the father petitioned for an immediate restraining order protecting him and the child from the mother in Walla Walla County in June 2022. At the same time, he petitioned for modification of the parenting plan, alleging the mother had been verbally and physically abusive toward the child and that the child refused to go back to her home. He attached a large number of text messages between the mother and the child. The trial ultimately found there was “no substantial change of circumstances” and denied the father’s modification petition and awarded the mother attorney’s fees.

Washington Appeals Court Affirms Parenting Plan Awarding Residential Placement to Father

April 11, 2024 | by Blair & Kim, PLLC

Pursuant to RCW 26.09.191(5), a court in a Washington custody case may not draw presumptions from the provisions of the temporary parenting plan when it enters a permanent parenting plan. The court must instead base the permanent residential custody on the child’s best interest as determined at trial. The court generally must consider the factors set forth in RCW 26.09.187(3)(a), which relate to the child’s relationship with each parent, knowing and voluntary agreements between the parties, each parent’s performance of parenting functions, the child’s developmental level and emotional needs, the child’s relationship with significant people and involvement in activities and with the physical surroundings, the wishes of the parents and the child if mature enough, and each parent’s employment schedule. A mother recently challenged a parenting plan, arguing the trial court had improperly drawn presumptions from the temporary plan and had improperly applied the factors.

According to the appeals court’s opinion, the original parenting plan in Arizona granted substantially equal parenting time. The father had moved to Spokane by the time it was entered.

The father petitioned for modification in Spokane County, alleging the mother had moved to Virginia. A temporary parenting plan gave him primary placement and allowed the mother visitation in Spokane. Three factors were at issue in the appeal.

Washington Mother Required to Undergo Specific Type of Therapy to Have Equal Residential Time

March 14, 2024 | by Blair & Kim, PLLC

In a recent Washington custody case, a mother challenged a parenting plan that required her to undergo a particular form of therapy to receive equal residential time with the child. An appeals court reviews the provisions of a parenting plan under a manifest abuse of discretion standard, meaning the trial’s decision is manifestly unreasonable or based on untenable grounds or reasons.

The parents were in a committed intimate relationship from the middle of 2015 to late 2018. They had a child in September 2017. Each party had alleged intimate partner violence against the other. The mother was arrested for domestic violence in September 2018, but the father’s petition for a protection order was dismissed for lack of evidence.

The mother petitioned for a parenting plan, among other things. The court entered a temporary parenting plan that gave the parties equal residential time and joint education and healthcare decision-making. The court appointed a parenting coordinator who conducted a parenting evaluation.

Washington Appeals Court Affirms Finding of Committed Intimate Relationship

February 12, 2024 | by Blair & Kim, PLLC

Washington family law recognizes Committed Intimate Relationships (“CIRs”), which are stable relationships, similar to a marriage, in which the parties live together knowing that they are not lawfully married. CIRs have also been referred to as “meretricious relationships.” Washington courts consider five factors to determine if a CIR exists: whether the parties have continuously cohabitated, the length of the relation, the relationship’s purpose, whether the parties pooled their resources and services, and the parties’ intent. If the court determines there is a CIR, it then must determine the parties’ interest in the property acquired during the CIR and distribute the property in a just and equitable manner. Connell v. Francisco.

A man recently challenged a court’s finding of a CIR and division of property. The parties were in a romantic relationship from 2008 to September 2020, according to the appeals court’s unpublished opinion. They purchased a home and lived together from December 2012 until they broke up. The female partner made the down payment on the home, but they otherwise paid bills equally. They had two children.

The female partner alleged the male partner committed domestic violence. She petitioned for division of the property of a CIR. She separately petitioned to establish parentage of the children and sought a parenting plan and dissolution of the CIR.

Washington Mother Held in Contempt for Withholding Child During Father’s Time on the Sabbath

December 28, 2023 | by Blair & Kim, PLLC

Trial courts have broad discretion to create a parenting plan, and abuse that discretion only if they make a decision that is manifestly unreasonable or based on untenable grounds or reasons. In re Marriage of Littlefield. A mother recently appealed a parenting plan allowing the father parenting time on the Sabbath both parents claimed to observe according to the Seventh-day Adventist faith.

The final parenting plan identified the mother as the primary parent and the parties entered an order by agreement for the father’s visitation.

The father objected when the mother moved for relocation. A temporary order allowed the move and gave the father one weekend a month for eight hours each on Friday, Saturday, and Sunday.

Mother Did Not Violate Washington Custody Order by Claiming Child on Her Taxes

November 25, 2023 | by Blair & Kim, PLLC

Who gets to claim the children as dependents on their tax returns can be a contentious issue in a Washington custody case. A father recently sought a contempt order against the mother when she claimed one of the children as a dependent.

According to the appeals court’s unpublished opinion, the parties entered into an agreed child support order when they divorced in 2009. The trial court’s final child support order provided that the mother would have the right to claim the child identified as T.A.R. as a dependent on her taxes and the father had the right to claim the child identified as M.A.R. The order further provided that “WHEN THERE IS ONLY ONE CHILD ELIGIBLE FOR TAX DEDUCTION PURPOSES,” the mother would have the right to claim the children for even years and the other parent would have the right to claim them “for the opposite years.”

After learning the mother claimed T.A.R. in the 2021 tax year, the father moved for an order to show cause why the mother should not be held in contempt, arguing she violated the order when she claimed T.A.R. in 2021 after M.A.R. had turned eighteen. He argued the alternating clause applied after M.A.R. turned eighteen because T.A.R. was then the only “child.” He acknowledged he could have claimed M.A.R., but argued he only would have received $500 by doing so, while he would have a $6,000 tax exemption if he claimed T.A.R.

Due Process in a Washington De Facto Parentage Proceeding

October 20, 2023 | by Blair & Kim, PLLC

In some circumstances, Washington family law may recognize a person as a de facto parent, or a person who is not a child’s biological or adoptive parent, but who has the rights and responsibilities of a legal parent. A person seeking to be declared a de facto parent must prove the elements set forth in RCW 26.26A.440(4) by a preponderance of the evidence. They must show that they lived with the child for a significant period, consistently took care of the child, engaged in “full and permanent” parenting responsibilities without expectation of compensation, held the child out as their own, and established a parental relationship with the child that was “fostered or supported” by another parent of the child. Additionally, they must show that continuing the relationship is in the child’s best interest.

A mother recently appealed a court order awarding her former romantic partner the rights of a legal parent to her child. According to the appeals court, the mother’s relationship with the petitioner began while she was pregnant with the child and continued until the child was about nine years old. The petitioner was not the child’s biological father, but petitioned for de facto parentage after his relationship with the mother ended. The mother wanted to move out of state to be closer to her family, but remained in Clark County to respond to the petition.

Proceeding

The petitioner alleged he provided the child “emotional and material support.” He filed documents, including evidence the school listed him as the child’s guardian and emails with the child’s teacher, principal, and school counselor. He also submitted transcripts of videos in which he and the mother stated he would be the child’s father and the child called him “daddy.”