AN
ACT Relating to modification of a parenting plan or custody decree; and
amending RCW 26.09.260.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
26.09.260 and 1991 c 367 s 9 are each amended to read as follows:
(1)
Except as otherwise provided in subsections (4), (5), (7), and (9)
of this section, the court shall not modify a prior custody decree or a
parenting plan unless it finds, upon the basis of facts that have arisen since
the prior decree or plan or that were unknown to the court at the time of the
prior decree or plan, that a substantial change has occurred in the
circumstances of the child or the nonmoving party and that the modification is
in the best interest of the child and is necessary to serve the best interests
of the child.
(2)
In applying these standards, the court shall retain the residential schedule
established by the decree or parenting plan unless:
(a)
The parents agree to the modification;
(b)
The child has been integrated into the family of the petitioner with the
consent of the other parent in substantial deviation from the parenting plan;
(c)
The child's present environment is detrimental to the child's physical, mental,
or emotional health and the harm likely to be caused by a change of environment
is outweighed by the advantage of a change to the child; or
(d)
The court has found the nonmoving parent in contempt of court at least twice
within three years because the parent failed to comply with the residential
time provisions in the court-ordered parenting plan, or the parent has been
convicted of custodial interference in the first or second degree under RCW
9A.40.060 or 9A.40.070.
(3)
A conviction of custodial interference in the first or second degree under RCW
9A.40.060 or 9A.40.070 shall constitute a substantial change of circumstances
for the purposes of this section.
(4)
The court may reduce or restrict contact between the nonprimary residential
parent and a child if it finds that the reduction or restriction would serve
and protect the best interests of the child using the criteria in RCW 26.09.191.
(5)
The court may order adjustments to the residential aspects of a
parenting plan upon a showing of a substantial change in circumstances of
either parent or of the child, and without consideration of the factors set
forth in subsection (2) of this section, if the proposed modification is only
a((:
(a)
Modification in the dispute resolution process; or
(b)
Minor modification in the residential schedule that:
(i)
Does not change the residence the child is scheduled to reside in the majority
of the time; and
(ii)
Does not exceed twenty-four full days in a calendar year or five full days in a
calendar month; or
(iii)
Is based on a change of residence or an involuntary change in work schedule by
a parent which makes the residential schedule in the parenting plan impractical
to follow)) minor modification in the residential schedule
that does not change the residence the child is scheduled to reside in the
majority of the time and:
(a)
Does not exceed twenty-four full days in a calendar year; or
(b)
Is based on a change of residence or an involuntary change in work schedule by
a parent which makes the residential schedule in the parenting plan impractical
to follow; or
(c)
Does not result in a schedule that exceeds ninety overnights per year in total,
if the court finds that the decree of dissolution or parenting plan does not
provide reasonable time with the nonprimary residential parent at the time the
petition for modification is filed, and further, the court finds that it is in
the best interests of the child to increase residential time with the
nonprimary residential parent in excess of the residential time period in (a)
of this subsection. However, any motion under this subsection (5)(c) is
subject to the factors established in subsection (2) of this section if the
party bringing the motion has previously been granted a modification under this
same subsection within twenty-four months of the current motion. Relief
granted under this section shall not be the sole basis for adjusting or modifying
child support.
(6)
A nonprimary residential parent whose residential time with the child is
subject to limitations pursuant to RCW 26.09.191 (2) or (3) may not seek
expansion of residential time under subsection (5)(c) of this section unless
that parent demonstrates a substantial change in circumstances specifically
related to the basis for the limitation.
(7)
If a nonprimary residential parent voluntarily fails to exercise residential
time for an extended period, that is, one year or longer, the court upon proper
motion may make adjustments to the parenting plan in keeping with the best
interests of the minor child.
(8)
A nonprimary parent who is required by the existing parenting plan to complete
evaluations, treatment, parenting, or other classes may not seek expansion of
residential time under subsection (5)(c) of this section unless that parent has
fully complied with such requirements.
(9)
The court may order adjustments to any of the nonresidential aspects of a
parenting plan upon a showing of a substantial change of circumstances of
either parent or of a child, and the adjustment is in the best interest of the
child. Adjustments ordered under this section may be made without
consideration of the factors set forth in subsection (2) of this section.
(((5))) (10) If the court finds that a motion to
modify a prior decree or parenting plan has been brought in bad faith, the
court shall assess the attorney's fees and court costs of the nonmoving parent
against the moving party.
