Family Law

Washington Appeals Court Applies ADR Provision to Enforcement Action in Divorce

December 12, 2022 | by Blair & Kim, PLLC

Parties to a Washington divorce may reach an agreement to resolve the issues in their case. A CR 2A agreement, named after Washington Superior Court Civil Rule 2A, can resolve a number of issues, including property distribution and debt allocation. CR 2A agreements may also include an alternative dispute resolution requirement.

A husband recently appealed an enforcement order, arguing the matter should have been resolved through the alternative dispute process set forth in the CR 2A agreement. According to the appeals court’s opinion, the parties got married in 1991. They separated in 2017 and the husband filed for divorce at the end of 2018. The marital estate was worth about $194 million. The parties entered into a CR 2A Agreement and Separation Contract that allocated some property and made financial management arrangements in August of 2019.

The agreement allocated a development project to the husband and allowed him to borrow up to $3 million from the wife with 6% interest. She could choose to either invest the loan into the project or make the loan part of the equalizing payment. If she chose not to invest in the project, the agreement required the husband to pay the equalizing payment with 7.5% interest from the date she notified him of that decision. The payment would be due within 12 months of entry of the divorce decree. If the payment was not paid timely, it would accrue 12% per annum interest.

Washington Parenting Plan Restrictions Due to Domestic Violence

November 22, 2022 | by Blair & Kim, PLLC

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.

Washington Nonparental Visitation

October 28, 2022 | by Blair & Kim, PLLC

A non-parent may petition for Washington child visitation if they are a relative, have “an ongoing and substantial relationship with the child,” and show a likelihood the child will experience harm or a substantial risk of harm without visitation. RCW 26.11.020. In a recent case, a child’s grandparents appealed the trial court’s dismissal of their petition for visitation with their grandchild.

The father had residential time with the child under the parenting plan. He lived with his parents for a period of time, such that the child stayed with his grandparents during his father’s residential time with him.

According to the appeals court’s opinion, the father had issues with drugs and mental illness. He was arrested following an incident involving the mother, her brother, and the child. At some point thereafter, the father’s whereabouts became unknown to the parties. The mother continued to allow the grandparents limited visitation with the child. She attended the visits, sometimes with a relative. The grandparents claimed they were supportive of the mother, but the mother and her family claimed the grandparents were rude, controlling, and aggressive.

Wife Denied Modification of Washington Spousal Maintenance

September 19, 2022 | by Blair & Kim, PLLC

A former spouse seeking modification of Washington spousal maintenance must generally show a substantial change in circumstances. A former wife recently challenged the denial of her request for modification.

According to the appeals court’s unpublished opinion, the parties married in 1991 and divorced in 2014. The wife was a stay-at-home parent. The husband co-owned two businesses with a partner and had an annual income averaging $598,244 in the three years before the divorce.

The wife sought spousal maintenance. According to a vocational evaluation, she had not worked in over 21 years and needed retraining. It described the effect her multiple chronic medical conditions had on her ability to work. She was qualified for low or unskilled positions, which were generally not appropriate due to her balance and lower back issues. Her medical issues limited the training and work she could do and could require time off beyond the norm. The evaluator also noted the importance of the wife working for an employer large enough to be subject to Family Medical Leave.

Washington Court Denies Grandmother Visitation

August 7, 2022 | by Blair & Kim, PLLC

Parents have a fundamental right to make certain decisions regarding their children, including decisions regarding visitation with grandparents. A nonparent relative may petition for visitation if they have an ongoing and substantial relationship with the child and harm or the substantial risk of harm to the child is likely if the court denies visitation. RCW 26.11.040. The court will order visitation if it is in the child’s best interest and there is a likelihood of harm or the substantial risk of harm if visitation is not granted. Washington family law presumes the decision of a fit parent to deny visitation to a nonparent is in the child’s best interest and does not create either a likelihood of harm or a substantial risk of harm. RCW 26.11.040(2). To overcome the presumption, a nonparent seeking visitation must show by clear and convincing evidence that visitation is necessary to prevent harm or the substantial risk of harm to the child. RCW 26.11.040. The petitioner must state the specific facts supporting the petition in an affidavit. The trial court will only hold an evidentiary hearing if it finds it more likely than not the petition will be granted based on the petition and affidavit. RCW 26.11.030.

A grandmother recently appealed a court’s denial of her petition for visitation. The child and both parents lived with her grandmother after the child was born in 2015. The father and child moved out after he learned the mother was using drugs again. The father was granted full custody. The parenting plan prohibited contact between the mother and child until the mother could show she had been sober, employed, and stable for an extended period of time. The parenting plan also stated the grandmother’s home was not appropriate for the mother and restricted the grandmother from driving the child due to her history of DUIs.

After the custody case concluded, the father allowed the mother’s grandparents to visit the child. They sometimes took her to visit the grandmother. The grandmother also sometimes spent holidays and the child’s birthday parties with the father’s family. The relationship between the father and grandmother soured, however, due to disagreements regarding the child and concerns about the grandmother’s use of alcohol. The father then limited the grandmother’s time with the child.

Modification of Washington Spousal Maintenance after Remarriage

June 6, 2022 | by Blair & Kim, PLLC

Washington spousal maintenance generally ends if the spouse receiving then maintenance remarries. In some cases, however, the parties may agree or the divorce decree may provide that maintenance continue beyond remarriage. In a recent unpublished case, a former husband challenged a court order that maintenance continue even after his wife’s remarriage.

The parties’ divorce was finalized in 2018. The decree provided that the husband would pay the wife spousal maintenance for 10 years. The maintenance provision was on a mandatory pattern form used between 2016 and 2019. Under the termination section, it stated that maintenance would end on the death of either spouse or the remarriage or registration of a new domestic partnership of the spouse receiving maintenance unless a different date or event was stated below. Directly below, it stated, “The husband shall pay maintenance for 10 years.”

The wife had been a stay-at-home mother during her marriage to the husband and was not currently employed. The husband earned about $140,000. The wife married someone earning approximately $215,000 per year in 2019.

Joint Title Gift Presumption Not Applicable to Washington Property Characterization

April 8, 2022 | by Blair & Kim, PLLC

Inherited property is generally characterized as separate property in a Washington divorce, but what if the spouse signs a quitclaim deed adding the other spouse to the title? The Washington Supreme Court has clarified that the joint title gift presumption does not apply when a court divides property in a divorce. The court must instead determine whether the spouse intended to convert the property to community property.

According to the opinion, the wife’s mother died the year after the parties married and left half her estate to the wife, some of which would be through future distributions. The wife inherited a 50% interest in a property in Arlington and the parties moved there.

In 2003, the parties started a horse breeding and training business. They decided to purchase property in Ford in 2005 with a loan secured by the Arlington property. The lender required the husband to be added to the Arlington property title. The wife executed a quitclaim deed conveying her interest to her husband and herself “to establish community property.” She did not remember signing the deed and said she had only done so because it was required by the loan. She claimed they only intended to keep the loan until they could sell the Arlington property. She testified she did not intend to convert it to community property.

Washington Court Denies Mother’s Motion to Relocate

February 9, 2022 | by Blair & Kim, PLLC

A parent may think there is nothing they can do if the parent who has the child most of the time wants to relocate. Washington family law, however, has a process for a parent to object to the relocation of a child in some circumstances.

In a recent unpublished opinion, a Washington appeals court considered whether the trial court had properly denied a mother’s request to relocate with her child. The child, E.S., was born in August 2012. The parents, who were not married, separated in 2015. They initially had an informal arrangement, under which E.S. primarily lived with his mother but was with his father two or three nights a week.

A parenting plan signed in 2018 established that the father would have E.S. Wednesday to Sunday every other week. The plan could be modified by agreement of the parties and E.S. subsequently began staying with the father 5 nights of every 14.

Washington Appeals Court Upholds Mother’s Felony Harassment Conviction

January 20, 2022 | by Blair & Kim, PLLC

Some custody cases can become so acrimonious they result in Washington civil protection orders and even criminal court. In a recent unpublished case, a mother challenged her convictions of felony harassment and felony violation of a protection order.

When the parents divorced, the mother was awarded sole custody of the children. After the father obtained treatment for a brain injury he incurred in the military, he was given visitation. The mother would not comply with the visitation order and the father was given sole custody in September 2018.

According to the appeals court’s opinion, the father found the mother attempting to break in to his home the day he took custody. She physically attacked him and his father.

Washington Annulment and Fraud Involving the Essentials of Marriage

January 9, 2022 | by Blair & Kim, PLLC

Washington public policy favors a presumption that a marriage is valid. Case law has held that a party seeking a Washington annulment must show the marriage is invalid by “clear, satisfactory, and convincing evidence.” A marriage is invalid if one party was induced to enter into it by “fraud involving the essentials of marriage” and the parties have not voluntarily cohabitated after the fraud was discovered. RCW 26.09.040.

A man recently challenged a denial of his petition to invalidate his marriage, alleging the wife had misrepresented her prior relationship with another man. The parties’ mothers were long-time friends. The husband went to Vietnam with his mother in 2015 and met the wife. He visited her again in 2016. He asked her if she had ever had any prior relationships and she said she had not. They started talking about marriage later that year. The husband applied for a K-1 visa in 2017.

When the wife got to the U.S. in August 2017, she asked the husband to get a marriage license the next day. The couple married as soon as the 3-day waiting period passed. They slept in separate bedrooms that night. According to the appeals court’s opinion, the parties were only sexually intimate once, later that month.