AN ACT Relating to parenting; adding new sections to chapter 26.09 RCW; repealing RCW 26.09.010, 26.09.020, 26.09.030, 26.09.040, 26.09.050, 26.09.060, 26.09.070, 26.09.080, 26.09.090, 26.09.100, 26.09.105, 26.09.110, 26.09.120, 26.09.130, 26.09.135, 26.09.140, 26.09.150, 26.09.160, 26.09.170, 26.09.180, 26.09.190, 26.09.200, 26.09.210, 26.09.220, 26.09.230, 26.09.240, 26.09.250, 26.09.255, 26.09.260, 26.09.270, 26.09.280, 26.09.290, 26.09.300, 26.09.900, 26.09.901, and 26.09.902; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. CIVIL PRACTICE TO GOVERN‑-DESIGNATION OF PROCEEDINGS‑-DECREES. (1) Except as otherwise specifically provided herein, the practice in civil action shall govern all proceedings under this chapter, except that trial by jury is dispensed with.

(2) A proceeding for dissolution of marriage, legal separation or a declaration concerning the validity of a marriage shall be entitled "In re the marriage of .......... and .......... ." Such proceeding may be filed in the superior court of the county where the petitioner resides.

(3) In cases where there has been no prior proceeding in this state involving the marital status of the parties or custody or support obligations, a separate custody or support proceeding shall be entitled "In re the (custody) (support) of .......... ."

(4) The initial pleading in all proceedings for dissolution of marriage under this chapter shall be denominated a petition. A responsive pleading shall be denominated a response. Other pleadings, and all pleadings in other matters under this chapter shall be denominated as provided in the civil rules for superior court.

(5) In this chapter, "decree" includes "judgment".

(6) A decree of dissolution, of legal separation, or a declaration concerning the validity of a marriage shall not be awarded to one of the parties, but shall provide that it affects the status previously existing between the parties in the manner decreed.

NEW SECTION. Sec. 2. POLICY. Parents have the responsibility to make decisions and perform other parental functions necessary for the care and growth of their minor children. In any proceeding between parents under chapter 26.09 RCW, the best interests of the child shall be the standard by which the court determines whether, and to what extent, the parties' parental responsibilities should be enforced or their authority to care for the child restricted. The state recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and that the relationship between the child and each parent should be fostered unless inappropriate under the provisions of this chapter. It is recognized that the best interests of the child are served by a parenting arrangement that best maintains a child's emotional growth, health and stability, and physical care. It is recognized that the best interest of the child is ordinarily served when the existing pattern of interaction between a parent and child is altered only to the extent necessitated by the changed relationship of the parents or as required to protect the child from physical, mental, or emotional harm.

NEW SECTION. Sec. 3. PETITION IN PROCEEDING FOR DISSOLUTION OF MARRIAGE, LEGAL SEPARATION, OR FOR A DECLARATION CONCERNING VALIDITY OF MARRIAGE‑-CONTENTS‑-PARTIES‑-CERTIFICATE. (1) A petition in a proceeding for dissolution of marriage, legal separation, or for a declaration concerning the validity of a marriage, shall allege the following:

(a) The last known residence of each party;

(b) The date and place of the marriage;

(d) The names, ages, and addresses of any child dependent upon either or both spouses and whether the wife is pregnant;

(e) Any arrangements as to the parenting plan for the children and the maintenance of a spouse;

(f) A statement specifying whether there is community or separate property owned by the parties to be disposed of;

(g) The relief sought.

(2) Either or both parties to the marriage may initiate the proceeding.

(3) The petitioner shall complete and file with the petition a certificate under RCW 70.58.200 on the form provided by the department of social and health services.

NEW SECTION. Sec. 4. PETITION FOR DISSOLUTION OF MARRIAGE‑-COURT PROCEEDINGS, FINDINGS‑-TRANSFER TO FAMILY COURT‑-LEGAL SEPARATION IN LIEU OF DISSOLUTION. When a party who is a resident of this state or who is a member of the armed forces and is stationed in this state, petitions for a dissolution of marriage, and alleges that the marriage is irretrievably broken and when ninety days have elapsed since the petition was filed and from the date when service of summons was made upon the respondent or the first publication of summons was made, the court shall proceed as follows:

(1) If the other party joins in the petition or does not deny that the marriage is irretrievably broken, the court shall enter a decree of dissolution.

(2) If the other party alleges that the petitioner was induced to file the petition by fraud, or coercion, the court shall make a finding as to that allegation and, if it so finds shall dismiss the petition.

(3) If the other party denies that the marriage is irretrievably broken the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the petition and the prospects for reconciliation and shall:

(a) Make a finding that the marriage is irretrievably broken and enter a decree of dissolution of the marriage; or

(b) At the request of either party or on its own motion, transfer the cause to the family court, refer them to another counseling service of their choice, and request a report back from the counseling service within sixty days, or continue the matter for not more than sixty days for hearing. If the cause is returned from the family court or at the adjourned hearing, the court shall:

(i) Find that the parties have agreed to reconciliation and dismiss the petition; or

(ii) Find that the parties have not been reconciled, and that either party continues to allege that the marriage is irretrievably broken. When such facts are found, the court shall enter a decree of dissolution of the marriage.

(4) If the petitioner requests the court to decree legal separation in lieu of dissolution, the court shall enter the decree in that form unless the other party objects and petitions for a decree of dissolution or declaration of invalidity.

NEW SECTION. Sec. 5. PETITION TO HAVE MARRIAGE DECLARED INVALID OR JUDICIAL DETERMINATION OF VALIDITY‑-PROCEDURE‑-FINDINGS‑-GROUNDS‑-LEGITIMACY OF CHILDREN. (1) While both parties to an alleged marriage are living, and at least one party is resident in this state or a member of the armed service and stationed in the state, a petition to have the marriage declared invalid may be sought by:

(a) Either or both parties, or the guardian of an incompetent spouse, for any cause specified in subsection (4) of this section; or

(b) Either or both parties, the legal spouse, or a child of either party when it is alleged that the marriage is bigamous.

(2) If the validity of a marriage is denied or questioned at any time, either or both parties to the marriage may petition the court for a judicial determination of the validity of such marriage.

(3) In a proceeding to declare the invalidity of a marriage, the court shall proceed in the manner and shall have the jurisdiction, including the authority to provide for maintenance, a parenting plan for minor children, and division of the property of the parties, provided by this chapter.

(4) After hearing the evidence concerning the validity of a marriage, if both parties to the alleged marriage are still living, the court:

(a) If it finds the marriage to be valid, shall enter a decree of validity;

(b) If it finds that:

(i) The marriage should not have been contracted because of age of one or both of the parties, lack of required parental or court approval, a prior undissolved marriage of one or both of the parties, reasons of consanguinity, or because a party lacked capacity to consent to the marriage, either because of mental incapacity or because of the influence of alcohol or other incapacitating substances, or because a party was induced to enter into the marriage by force or duress, or by fraud involving the essentials of marriage, and that the parties have not ratified their marriage by voluntarily cohabiting after attaining the age of consent, or after attaining capacity to consent, or after cessation of the force or duress or discovery of the fraud, shall declare the marriage invalid as of the date it was purportedly contracted;

(ii) The marriage should not have been contracted because of any reason other than those above, shall upon motion of a party, order any action which may be appropriate to complete or to correct the record and enter a decree declaring such marriage to be valid for all purposes from the date upon which it was purportedly contracted;

(c) If it finds that a marriage contracted in a jurisdiction other than this state, was void or voidable under the law of the place where the marriage was contracted, and in the absence of proof that such marriage was subsequently validated by the laws of the place of contract or of a subsequent domicile of the parties, shall declare the marriage invalid as of the date of the marriage.

(5) Any child of the parties born or conceived during the existence of a marriage of record is legitimate and remains legitimate notwithstanding the entry of a declaration of invalidity of the marriage.

NEW SECTION. Sec. 6. DEFINITIONS. The definitions in this section apply throughout this chapter.

(1) "Temporary parenting plan" means a plan for parenting of the child pending final resolution of any action for dissolution of marriage, declaration of invalidity, or legal separation, based on the criteria set forth in section 8 of this act.

(2) "Permanent parenting plan" means a plan for parenting the child, based on the criteria set forth in sections 17 and 18 of this act, to be incorporated in the final order in any action for dissolution of marriage, declaration of invalidity, or legal separation.

(3) "Residential parent" means the parent whose home is designated as the child's residence, based on the criteria set forth in sections 17 and 18 of this act. The residential parent is the child's custodian for any purpose requiring such a designation.

(4) "Child's residence" means the home of the parent designated in the parenting plan as the residential parent, based on the criteria set forth in sections 17 and 18 of this act.

(5) "Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child. Parenting functions include:

(a) Maintaining a loving, stable, consistent, and nurturing relationship with the child;

(b) Attending to the daily needs of the child, such as feeding, clothing, physical care and grooming, supervision, health care, and day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;

(c) Attending to adequate education for the child, including remedial or other education essential to the best interests of the child;

(d) Assisting the child in developing and maintaining appropriate interpersonal relationships; and

(e) Exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances.

(6) "Primary caregiver" means the parent who has taken primary responsibility for performance of the majority of the parenting functions as defined in subsection (5)(b) of this section.

NEW SECTION. Sec. 7. PROPOSED TEMPORARY PARENTING PLAN. (1) On commencement of a proceeding under this chapter, the petitioner shall file a proposed temporary parenting plan, or the parents jointly, if filing jointly, shall file a proposed temporary plan.

(2) The respondent, if not joining in the petition, shall file a responsive proposed temporary parenting plan no later than twenty days after service of the petitioner's proposed temporary parenting plan. If no responsive plan is filed in accordance with this subsection, the petitioner may move to have the petitioner's proposed temporary parenting plan entered as an order of the court. The parents may enter an agreed temporary parenting plan at any time within thirty-five days after service of the petitioner's proposed temporary parenting plan, unless a continuance is granted by the court upon stipulation of the parents or for necessary administrative convenience of the court.

(3) If the respondent files a responsive proposed temporary parenting plan in accordance with subsection (2) of this section, and no agreed temporary parenting plan is entered within thirty-five days after service of the petitioner's proposed plan, a hearing shall be held on the proposed plans not later than thirty-five days after service of the petitioner's proposed temporary parenting plan, unless a continuance is granted by the court upon stipulation of the parties or for necessary administrative convenience of the court. The motion containing the proposed temporary parenting plan may be supported by relevant evidence and shall be accompanied by an affidavit which shall state at a minimum the following:

(a) The name, address, and length of residence with the person or persons with whom the child has lived for the preceding twelve months;

(b) The parent, if any, who has been the primary caregiver for the child as defined in section 6 of this act;

(d) The parents' present current work and child-care schedules; and

(e) Any of the circumstances set forth in section 18 of this act that are likely to pose a serious risk to the child and that warrant limitation on the award to a parent of temporary residence or time with the child pending entry of a permanent parenting plan.

(4) At the hearing, the court shall enter a temporary parenting plan that includes:

(a) A schedule for the child's time with the nonresidential parent where and as appropriate, during which the nonresidential parent may make decisions regarding the child's day-to-day care;

(b) Designation of a temporary residence for the child in accordance with section 8 of this act. The parent whose home is so designated may make all decisions regarding the child's care other than those specified in (a) of this subsection, pending final resolution of the matter;

(d) Restraining orders, if applicable, under section 9(2) of this act.

(5) Notwithstanding subsections (2) and (3) of this section, a parent may make a motion for an order to show cause and the court may enter a temporary order, including a temporary parenting plan, upon showing of necessity.

(6) A parent may move for amendment of a temporary parenting plan, and the court may order amendment to the temporary parenting plan, if the amendment conforms to the limitations of section 18 of this act and is in the best interest of the child. If the court finds that the moving party brought the motion in bad faith, the court may award attorneys' fees and court costs of the nonmoving party.

(7) If a proceeding for dissolution of marriage, legal separation, or declaration of invalidity is dismissed, any temporary parenting plan is vacated unless a parent or the child's custodian moves that the proceeding continue as a custody proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interests of the child require that a permanent parenting plan be issued.

(8) If a custody proceeding commenced in the absence of a petition for dissolution of marriage, legal separation, or declaration of invalidity, (section 32(1) of this act) is dismissed, any temporary order is vacated.

NEW SECTION. Sec. 8. PRESUMPTION IN ISSUANCE OF TEMPORARY PARENTING PLAN. After considering the affidavit required by section 7(3) of this act and other relevant evidence presented, the court shall make a temporary parenting plan that is in the best interest of the child. It is presumed that the child's best interest is served by a temporary parenting plan that best maintains the child's emotional stability in the period pending entry of a final parenting plan. It is further presumed that, absent a showing that any of the limitations in section 18 of this act apply, the child's emotional stability is best fostered by maintaining the pattern of care established over the preceding twelve months. If one parent has been the primary caregiver during the preceding twelve months, that parent's home shall be designated as the child's temporary residence, unless:

(1) Any of the limiting factors in section 18 of this act apply;

(2) The parties have made a voluntary, knowing agreement to the contrary, which the court finds to be in the child's best interest; or

(3) The child's developmental level is sufficiently advanced for the child to decide, and the child desires to reside with the other parent.

NEW SECTION. Sec. 9. TEMPORARY MAINTENANCE OR CHILD SUPPORT‑-TEMPORARY RESTRAINING ORDER‑-PRELIMINARY INJUNCTION‑-SUPPORT DEBTS, NOTICE. (1) In a proceeding for:

(a) Dissolution of marriage, legal separation, or a declaration of invalidity; or

(b) Disposition of property or liabilities, maintenance, or support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse; either party may move for temporary maintenance or for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

(2) As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

(a) Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained or enjoined, requiring the person to notify the moving party of any proposed extraordinary expenditures made after the order is issued;

(b) Molesting or disturbing the peace of the other party or of any child and, upon a showing by clear and convincing evidence that the party so restrained or enjoined has used or displayed or threatened to use a deadly weapon as defined in RCW 9A.04.110 in an act of violence or has previously committed acts of domestic violence and is likely to use or display or threaten to use a deadly weapon in an act of domestic violence, requiring the party to surrender any deadly weapon in the party's immediate possession or control or subject to the party's immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court. The court may order temporary surrender of deadly weapons without notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for response has elapsed;

(d) Removing a child from the jurisdiction of the court.

(3) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

(4) The court may issue a temporary restraining order or preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances.

(5) Restraining orders issued under this section restraining the person from molesting or disturbing another party or from entering a party's home shall bear the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.09 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

(6) The court may order that any temporary restraining order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

(7) A temporary order, temporary restraining order, or preliminary injunction:

(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

(b) May be revoked or modified;

(c) Terminates when the final decree is entered or when the petition for dissolution, legal separation, or declaration of invalidity is dismissed;

(d) May be entered in a proceeding for the modification of an existing decree.

(8) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.

NEW SECTION. Sec. 10. PARENTING ARRANGEMENT‑-INTERVIEW WITH CHILD BY COURT‑-ADVICE OF PROFESSIONAL PERSONNEL. The court may interview the child in chambers to ascertain the child's wishes: (1) As to the child's custodian and as to visitation privileges pursuant to a proceeding under section 32 of this act; or (2) as to the child's residence in a proceeding for dissolution of marriage, legal separation, or declaration of invalidity. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be made and to be made part of the record in the case.

The court may seek the advice of professional personnel whether or not they are employed on a regular basis by the court. The advice given shall be in writing and shall be made available by the court to counsel upon request. Counsel may call for cross-examination any professional personnel consulted by the court.

NEW SECTION. Sec. 11. PARENTING ARRANGEMENTS‑-INVESTIGATION AND REPORT. (1) In contested proceedings under this chapter involving minor children of the parties, and in other proceedings under this chapter if a party so requests, the court may order an investigation and report concerning parenting arrangements for the child in an action for dissolution of marriage, legal separation, or declaration of invalidity or concerning custodian arrangements for the child in a custody proceeding pursuant to section 32 of this act. The investigation and report may be made by the staff of the juvenile court or other professional social service organization experienced in counseling children and families.

(2) In preparing the report concerning a child, the investigator may consult any person who may have information about the child and the potential parenting or custodian arrangements. Upon order of the court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric, or other expert persons who have served the child in the past without obtaining the consent of the parent or the child's parent or custodian; but the child's consent must be obtained if the child has reached the age of twelve, unless the court finds that the child lacks mental capacity to consent. If the requirements of subsection (3) of this section are fulfilled, the investigator's report may be received in evidence at the hearing.

(3) The court shall mail the investigator's report to counsel and to any party not represented by counsel at least ten days prior to the hearing unless a shorter time is ordered by the court for good cause shown. The investigator shall make available to counsel and to any party not represented by counsel the investigator's file of underlying data and reports, complete texts of diagnostic reports made to the investigator pursuant to the provisions of subsection (2) of this section, and the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call the investigator and any person whom the investigator has consulted for cross-examination. A party may not waive the right of cross-examination prior to the hearing.

NEW SECTION. Sec. 12. SEPARATION CONTRACTS. (1) The parties to a marriage, in order to promote the amicable settlement of disputes attendant upon their separation or upon the filing of a petition for dissolution of their marriage, a decree of legal separation, or declaration of invalidity of their marriage, may enter into a written separation contract providing for the maintenance of either of them, the disposition of any property owned by both or either of them, the parenting plan for their children and for the release of each other from all obligation except that expressed in the contract.

(2) If the parties to such contract elect to live separate and apart without any court decree, they may record such contract and cause notice thereof to be published in a legal newspaper of the county wherein the parties resided prior to their separation. Recording such contract and publishing notice of the making thereof shall constitute notice to all persons of such separation and of the facts contained in the recorded document.

(3) If either or both of the parties to a separation contract shall at the time of the execution thereof, or at a subsequent time, petition the court for dissolution of their marriage, for a decree of legal separation, or for a declaration of invalidity of their marriage, the contract, except for those terms providing for the parenting plan for the children, shall be binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties on their own motion or on request of the court, that the separation contract was unfair at the time of its execution.

(4) If the court in an action for dissolution of marriage, legal separation, or declaration of invalidity finds that the separation contract was unfair at the time of its execution, it may make orders for the maintenance of either party, the disposition of their property and the discharge of their obligations.

(5) Unless the separation contract provides to the contrary, the agreement shall be set forth in the decree of dissolution, legal separation, or declaration of invalidity, or filed in the action or made an exhibit and incorporated by reference, except that in all cases the terms of the parenting plan for the children shall be set out in the decree, and the parties shall be ordered to comply with its terms.

(6) Terms of the contract set forth or incorporated by reference in the decree may be enforced by all remedies available for the enforcement of a judgment, including contempt, and are enforceable as contract terms.

(7) When the separation contract so provides, the decree may expressly preclude or limit modification of any provision for maintenance set forth in the decree. Terms of a separation contract pertaining to the parenting plan for the children and, in the absence of express provision to the contrary, terms providing for maintenance set forth or incorporated by reference in the decree are automatically modified by modification of the decree.

(8) If at any time the parties to the separation contract by mutual agreement elect to terminate the separation contract, they may do so without formality unless the contract was recorded as in subsection (2) of this section, in which case a statement should be filed terminating the contract.

NEW SECTION. Sec. 13. DISPOSITION OF PROPERTY AND LIABILITIES‑-FACTORS. In a proceeding for dissolution of the marriage, legal separation, declaration of invalidity, or in a proceeding for disposition of property following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court shall, without regard to marital misconduct, make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors including, but not limited to:

(1) The nature and extent of the community property;

(2) The nature and extent of the separate property;

(3) The duration of the marriage; and

(4) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the parent whose residence is designated as the child's residence.

NEW SECTION. Sec. 14. MAINTENANCE ORDERS FOR EITHER SPOUSE‑-FACTORS. (1) In a proceeding for dissolution of marriage, legal separation, declaration of invalidity, or in a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse. The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to marital misconduct, after considering all relevant factors including but not limited to:

(a) The financial resources of the party seeking maintenance, including separate or community property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as the residential parent;

(b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his skill, interests, style of life, and other attendant circumstances;

(d) The duration of the marriage;

(e) The age, physical and emotional condition, and financial obligations of the spouse seeking maintenance; and

(f) The ability of the spouse from whom maintenance is sought to meet his needs and financial obligations while meeting those of the spouse seeking maintenance.

NEW SECTION. Sec. 15. PROCEDURE FOR DETERMINING PERMANENT PARENTING PLAN. (1) SUBMISSION OF PROPOSED PLANS. Each parent shall file and serve a proposed permanent parenting plan, as described in section 19 of this act, on the other parent. Service shall be made not earlier than the date of entry of the temporary parenting plan, and not later than one hundred eighty days after the service of the petition for dissolution, legal separation, or declaration of invalidity.

(2) If a parent fails to file and serve a proposed permanent parenting plan within the allotted time, the other parent may have his or her proposed permanent parenting plan entered as an order of the court and incorporated in the final decree of dissolution. If neither parent files the proposed permanent parenting plan within the required time, the clerk of the court may move to have the case dismissed for lack of prosecution as required by this section.

(3) AGREED PERMANENT PARENTING PLANS. The parents may make an agreed permanent parenting plan, as described in sections 16 and 17 of this act. The court shall incorporate the agreed permanent parenting plan in the decree or order entered unless it finds that the agreed plan was not made in accordance with sections 16 and 17 of this act or finds that the plan is not in the child's best interests.

(4) MANDATORY SETTLEMENT CONFERENCE. After the service of the proposed permanent parenting plans, but not later than two hundred twenty days after service of the petition for dissolution, legal separation, or declaration of invalidity, or the filing of a joint petition, the parents shall attend a mandatory settlement conference. The mandatory settlement conference shall be presided over by a judge or court commissioner, who shall apply the criteria in sections 17 and 18 of this act. The parents shall in good faith review the proposed terms of the parenting plans and any other issues relevant to the cause of action with the presiding judge or court commissioner. Facts and legal issues that are not then in dispute shall be entered as stipulations for purposes of final hearing or trial in the matter. Any parent failing to participate in good faith may be held in contempt of court.

(5) TRIAL SETTING. Trial dates for actions brought under this chapter shall be set for no earlier than the date scheduled for the mandatory settlement conference, but not later than two hundred forty days after the date of service of the petition for dissolution, legal separation, or declaration of invalidity, or from filing of a joint petition. The final order or decree shall be entered not sooner than ninety days after filing and service and not later than two hundred eighty days after filing and service. Continuance of the trial date and of entry of the final order or decree shall be allowed due to the unavoidable unavailability of a party or witness, the necessary administration of the court, or by stipulation of the parents and approval of the court for good cause.

NEW SECTION. Sec. 16. PERMANENT PARENTING PLAN. In an action for dissolution, legal separation, or declaration of invalidity of a marriage, the court shall make or approve as part of any final decree a permanent parenting plan for each child. A permanent parenting plan shall consist of the following:

(1) Permanent parenting plans shall state whether or not the parents will engage in mutual decision making in designated areas in accordance with the criteria in section 17 of this act. If mutual decision making is not ordered, the court shall designate the reason, in accordance with the criteria in section 17 of this act.

(2) If mutual decision making is not precluded by subsection (1) of this section, then the parents or the court shall designate specific areas for mutual decision making. These areas may include, but need not be limited to, religion, nonemergency medical and dental care, education, and extracurricular activities of the child.

(3) The plan shall state that, in areas not designated for mutual decision making, the residential parent has the authority to make any necessary decisions. The plan shall state that the nonresidential parent has the authority to make decisions regarding the child's day-to-day care while the child is residing in that parent's household.

(4) A dispute resolution process. A process for resolving disputes, other than court action, shall be provided unless precluded or limited by section 17 or 18 of this act. A dispute resolution process may include counseling, mediation, or arbitration by a specified individual or agency, or court action. In setting forth a dispute resolution process, the permanent parenting plan shall state that:

(a) Preference shall be given to carrying out the parenting plan;

(b) The parents shall use the designated process to resolve disputes relating to implementation of the plan and to make decisions in areas specified for mutual decision making prior to seeking court action, unless an emergency exists; and

(c) If the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court shall award attorneys' fees and financial sanctions to the prevailing parent.

(5) Designation of the child's residence. The permanent parenting plan shall designate a child's residence in accordance with the criteria in sections 17 and 18 of this act.

(6) Time with the nonresidential parent. The permanent parenting plan shall specify time for the child with the nonresidential parent, unless precluded or limited by section 18 of this act. The court shall not make or approve any plan requiring a child to spend substantially equal amounts of time residing with each parent unless the court expressly finds that:

(a) The parents have knowingly and voluntarily consented to entry of such an order;

(b) The parents have a satisfactory history of cooperation and shared performance of the parenting functions;

(d) The parents are available to each other, especially by geographic proximity, to the extent necessary to ensure their ability to share the parenting functions; and

(e) The parents have designated a residential parent for purposes of jurisdiction and venue.

(7) Child support. Provisions shall be made for child support in accordance with section 19 of this act.

NEW SECTION. Sec. 17. CRITERIA FOR ESTABLISHING PARENTING PLAN. (1) MUTUAL DECISION MAKING. The court shall not order mutual decision making if one of the following circumstances exists:

(a) Any limitation under section 18 applies;

(b) Both parents are opposed to mutual decision making;

(c) One parent is opposed to mutual decision making, where such opposition is reasonable based on one parent's lack of a history of participation in decision making or the parents' demonstrated inability to cooperate in mutual decision making.

(2) If mutual decision making has not been precluded by one of the circumstances in subsection (1) of this section, then, in specifying areas appropriate for mutual decision making, the parents or the court shall consider all relevant factors, including:

(a) The parents' wishes or agreements and, if the parents have entered into agreements, whether the agreements were made knowingly and voluntarily;

(b) The history of participation of either parent in decision making in any given area;

(d) The unavailability of the parents to each other, especially by lack of geographic proximity, to the extent that it affects their ability to make timely mutual decisions.

(3) DISPUTE RESOLUTION PROCESS. The court shall not order a dispute resolution process, except court action, if any precluding or limiting factor under section 18 of this act applies or if either parent is unable to afford the cost of the particular dispute resolution process. If a dispute resolution process is not precluded or limited, then in designating such a process the court shall consider all relevant factors, including:

(a) Differences between the parents that would substantially inhibit their effective participation in any designated process;

(b) The parents' wishes or agreements and, if the parents have entered into agreements, whether the agreements were made knowingly and voluntarily; and

(c) Differences in the parents' financial circumstances that may affect their ability to participate fully in a given dispute resolution process.

(4) CHILD'S RESIDENCE. (a) In designating the child's residence, the court shall consider the following factors:

(i) Whether there has been a primary caregiver for the child as defined in this chapter;

(ii) The parents' wishes or agreements and, if the parents have entered into agreements, whether the agreements were made knowingly and voluntarily;

(iii) Whether any of the limitations in section 19 of this act apply;

(iv) The relative strength and nature of the child's relationship with each parent;

(v) Each parent's past and potential for future performance of the parenting functions;

(vi) The developmental needs and level of the child; and

(vii) The child's relationship with siblings and with other significant adults, as well as the child's involvement with his or her physical surroundings, school, and other significant activities.

(b) If the court finds that there has been a primary caregiver under (a)(i) of this subsection, then the court shall give this factor the greatest weight in determining the child's residence unless:

(i) Any of the limiting factors in section 19 of this act apply;

(ii) The parents have made a voluntary, knowing agreement to the contrary, which the court finds to be in the child's best interests;

(iii) The child's developmental level is sufficiently advanced for the child to decide and the child desires to reside with the other parent; and

(iv) The court finds that all the other factors of (a) (iii) through (vii) of this subsection, taken together, outweigh the primary caregiver factor of (a)(i) of this subsection.

(c) If the court finds that there has been no primary caregiver, then the court may designate the child's residence and in all cases shall designate time and activities, as appropriate after considering all relevant factors.

NEW SECTION. Sec. 18. LIMITATIONS IN ISSUANCE OF TEMPORARY OR PERMANENT PARENTING PLAN PROVISIONS. (1) A parent's home shall not be designated as the child's temporary or permanent residence, and the permanent parenting plan shall not require mutual decision making or designation of a dispute resolution process other than court action, on a showing that the parent has engaged in any of the following conduct:

(a) Wilful abandonment or substantial refusal to perform parenting functions unless so remote that the court finds it is not adverse to the best interest of the child;

(b) Physical or sexual abuse of a child; or

(2) A parent's time with the child shall be limited by the court as appropriate on a showing that any of the factors in subsection (1) of this section are present.

(3) A parent's involvement or conduct may have an adverse effect on the child's best interests, and the court may preclude or limit any or all provisions of the parenting plan, if any of the following factors exist:

(a) Neglect or substantial nonperformance of parenting functions;

(b) A long-term emotional or physical impairment which interferes with the parent's performance of parenting functions as defined in section 6 of this act;

(c) A long-term impairment resulting from drug, alcohol, or other substance abuse which interferes with the performance of parenting functions;

(d) The absence or substantial impairment of emotional ties between the parent and the child;

(e) The abusive use of conflict which creates the danger of serious damage to the child's psychological development;

(f) A parent has withheld access to the child from the other party with the intent to intimidate or harass the other parent, or to deprive the other parent of access to the child permanently or for a protracted period without good cause; or

(g) Such other factors or conduct as the court finds adverse to the best interest of the child.

NEW SECTION. Sec. 19. CHILD SUPPORT. (1) WHEN AWARDED. In a proceeding in which a parenting plan has been entered, the court shall provide for the payment of support to the residential parent. In cases involving children who have reached the age of majority, or children otherwise emancipated, the court may provide child support, including payments to assist in the procurement of schooling or training. In all decrees providing for child support, the federal social security number of each parent shall be stated.

(2) HOW DETERMINED. In making the determination of child support, the court shall consider the following:

(a) The net income of each parent before and after separation; the earning capacity of each parent; the financial and other resources of each parent; and any foreseeable changes in net income, earning capacity, or financial and other resources of each parent. Net income is defined as each parent's income from all sources, after deduction from the gross income for income tax, social security, union dues, and similar nondiscretionary deductions;

(b) Child support guidelines or other material concerning child-care spending, published by governmental bodies;

(c) Family spending patterns prior to separation of the parents as compared to the relative expenses of the parents after separation;

(d) Loss of contribution from the departing spouse toward the expenses of the former mutual residence;

(e) Special or unusual needs or expenses for the child established either before or after separation; and

(f) Court-ordered or administratively determined obligations of either parent to provide support for children of other relationships that are being met by the obligor.

(3) LIMITATIONS ON APPORTIONMENT. In setting or modifying a nonresidential parent's support obligation, the court shall not apportion support based on the amount of time the minor child resides with the nonresidential parent.

NEW SECTION. Sec. 20. CHILD SUPPORT‑-HEALTH INSURANCE COVERAGE‑-CONDITIONS. In entering or modifying a support order under this chapter, the court shall require either or both parents to maintain or provide health insurance coverage for any dependent child if the following conditions are met:

(1) Health insurance that can be extended to cover the child is available to that parent through an employer or other organization; and

(2) The employer or other organization offering health insurance will contribute all or a part of the premium for coverage of the child.

A parent who is required to extend insurance coverage to a child under this section is liable for any covered health care costs for which the parent receives direct payment from an insurer.

This section shall not be construed to limit the authority of the court to enter or modify support orders containing provisions for payment of medical expenses, medical costs, or insurance premiums which are in addition to and not inconsistent with this section. "Health insurance" as used in this section does not include medical assistance provided under chapter 74.09 RCW.

NEW SECTION. Sec. 21. MINOR OR DEPENDENT CHILD‑-COURT APPOINTED ATTORNEY TO REPRESENT‑-PAYMENT OF COSTS, FEES, AND DISBURSEMENTS. The court may appoint an attorney to represent the interests of a minor or dependent child with respect to provision for the parenting plan in an action for dissolution of marriage, legal separation, or declaration concerning the validity of a marriage, or with respect to the child's custody, support, and visitations in custody actions pursuant to section 32 of this act. The court shall enter an order for costs, fees, and disbursements in favor of the child's attorney. The order shall be made against either or both parents, except that, if both parties are indigent, the costs, fees, and disbursements shall be borne by the county.

NEW SECTION. Sec. 22. SUPPORT OR MAINTENANCE PAYMENTS‑-TO WHOM PAID. (1) The court may, upon its own motion or upon motion of either party, order support or maintenance payments to be made to:

(a) The person entitled to receive the payments; or

(b) The department of social and health services pursuant to chapters 74.20 and 74.20A RCW; or

(2) If payments are made to the clerk of court:

(a) The clerk shall maintain records listing the amount of payments, the date when payments are required to be made, and the names and addresses of the parties affected by the order; and

(b) The parties affected by the order shall inform the clerk of the court of any change of address or of other conditions that may affect the administration of the order.

NEW SECTION. Sec. 23. SUPPORT OR MAINTENANCE PAYMENTS‑-ORDER TO MAKE ASSIGNMENT OF PERIODIC EARNINGS OR TRUST INCOME‑-DUTY OF PAYOR TO WITHHOLD AND TRANSMIT. The court may order the person obligated to pay support or maintenance to make an assignment of a part of his periodic earnings or trust income to the person or agency entitled to receive the payments: PROVIDED, That the provisions of RCW 7.33.280 in regard to exemptions in garnishment proceedings shall apply to such assignments. The assignment is binding on the employer, trustee or other payor of the funds two weeks after service upon him of notice that it has been made. The payor shall withhold from the earnings or trust income payable to the person obligated to support the amount specified in the assignment and shall transmit the payments to the person specified in the order. The payor may deduct from each payment a sum not exceeding one dollar as reimbursement for costs. An employer shall not discharge or otherwise discipline an employee as a result of a wage or salary assignment authorized by this section.

NEW SECTION. Sec. 24. ORDER OR DECREE FOR CHILD SUPPORT‑-NOTICE OF MANDATORY WAGE ASSIGNMENT‑-SOCIAL SECURITY NUMBER. Every court order or decree establishing a child support obligation shall state that, if a support payment is more than fifteen days past due in an amount equal to or greater than the support payable for one month, the obligee of the support payments may seek a mandatory wage assignment under chapter 26.18 RCW without prior notice to the obligor. Failure to include this provision does not affect the validity of the support order. If the social security number of the person obligated to make child support payments under the support order or decree is available, the court shall require that the social security number of the obligor be included in the order or decree.

NEW SECTION. Sec. 25. PAYMENT OF COSTS, ATTORNEY'S FEES, ETC. The court from time to time after considering the financial resources of both parties may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this chapter and for reasonable attorney's fees or other professional fees in connection therewith, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or enforcement or modification proceedings after entry of judgment.

Upon any appeal, the appellate court may, in its discretion, order a party to pay for the cost to the other party of maintaining the appeal and attorney's fees in addition to statutory costs.

The court may order that the attorney's fees be paid directly to the attorney who may enforce the order in his name.

NEW SECTION. Sec. 26. PROVISIONS FOR PARENTING PLAN‑-MAINTENANCE‑-DISPOSITION OF PROPERTY AND LIABILITIES. In entering a decree of dissolution of marriage, legal separation, or declaration of invalidity, the court shall consider, approve, or make provision for a parenting plan for any child of the marriage entitled to support, the maintenance of either spouse, and the disposition of property and liabilities of the parties.

NEW SECTION. Sec. 27. DECREE OF DISSOLUTION OF MARRIAGE, LEGAL SEPARATION, OR DECLARATION OF INVALIDITY‑-FINALITY‑-APPEAL‑-CONVERSION OF DECREE OF LEGAL SEPARATION TO DECREE OF DISSOLUTION‑-NAME OF WIFE. A decree of dissolution of marriage, legal separation, or declaration of invalidity is final when entered, subject to the right of appeal. An appeal which does not challenge the finding that the marriage is irretrievably broken or was invalid, does not delay the finality of the dissolution or declaration of invalidity and either party may remarry pending such an appeal.

No earlier than six months after entry of a decree of legal separation, on motion of either party, the court shall convert the decree of legal separation to a decree of dissolution of marriage. The clerk of court shall complete the certificate as provided for in RCW 70.58.200 on the form provided by the department of social and health services. On or before the tenth day of each month, the clerk of the court shall forward to the state registrar of vital statistics the certificate of each decree of divorce, dissolution of marriage, annulment, or separate maintenance granted during the preceding month.

Upon request by a wife whose marriage is dissolved or declared invalid, the court shall order a former name restored and may, on motion of either party, for just and reasonable cause, order the wife to assume a name other than that of the husband.

NEW SECTION. Sec. 28. SANCTIONS. The performance of parental functions and the duty to provide child support are distinct responsibilities in the care of a child. An attempt by a parent, in either the negotiation or the performance of a parenting plan, to condition one aspect of the parenting plan upon another may be deemed to be in bad faith. If the court finds that a parent acted in bad faith in an attempt to condition parental functions, in a refusal to perform the duties provided in the parenting plan, or in the hindrance of performance by the other parent, the court has broad discretion to punish the conduct by a punitive award or other remedies, including imprisonment, and may consider the conduct in awarding attorneys' fees. In determining the amount of the punitive award or attorneys' fees, the court may also consider evidence of hostile conduct by one parent that adversely affected the welfare of the child or interfered with the exercise of parenting functions by the other parent.

NEW SECTION. Sec. 29. FAILURE TO COMPLY WITH DECREE OR TEMPORARY INJUNCTION‑-OBLIGATION TO MAKE SUPPORT OR MAINTENANCE PAYMENTS OR PERMIT VISITATION NOT SUSPENDED‑-MOTION. If a party fails to comply with a provision of a decree or temporary order of injunction, the obligation of the other party to make payments for support or maintenance or to permit visitation is not suspended, but the party may move the court to grant an appropriate order.

NEW SECTION. Sec. 30. MODIFICATIONS. (1) Not earlier than six months and not later than twelve months from the date of entry of the final order or decree, either parent may seek, upon motion or by informal request, amendments in the provisions of the permanent parenting plan for mutual decision making or dispute resolution. The standard of substantially changed circumstances does not apply in the disposition of such a motion. Any changes made shall be based either on issues omitted in the original order or decree, or on experience showing that the arrangements contemplated in the order do not function in the practical manner in which they were envisioned.

(2) Except as provided in subsection (1) of this section, the court shall not modify a prior custody decree or the designation of a residential parent in 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 change has occurred in the circumstances of the child or his custodian or the residential parent and that the modification is necessary to serve the best interests of the child. In applying these standards, the court shall retain the custodian or residential parent established by the prior decree or parenting plan unless:

(a) The custodian or residential parent agrees to the modification;

(b) The child has been integrated into the family of the petitioner with the consent of the custodian or residential parent; or

(c) The child's present environment is detrimental to his 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.

(3) If the court finds that a motion to modify a prior custody order or parenting plan has been brought in bad faith, the court shall assess the attorney's fees and court costs of the custodian or residential parent against the petitioner.

NEW SECTION. Sec. 31. MODIFICATION OF DECREE FOR MAINTENANCE OR SUPPORT, PROPERTY DISPOSITION‑-TERMINATION OF MAINTENANCE OBLIGATION AND CHILD SUPPORT‑-GROUNDS. Except as otherwise provided in section 12(7) of this act, the provisions of any decree respecting maintenance or support may be modified only as to installments accruing subsequent to the motion for modification and only upon a showing of a substantial change of circumstances. The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state.

Unless otherwise agreed in writing or expressly provided in the decree the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.

Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child are terminated by emancipation of the child or by the death of the parent obligated to support the child.

NEW SECTION. Sec. 32. CHILD CUSTODY PROCEEDING‑-COMMENCEMENT‑-NOTICE‑-INTERVENTION. (1) Except as authorized for proceedings brought under chapter 26.50 RCW in district or municipal courts, a child custody proceeding is commenced in the superior court:

(a) By a parent by filing a petition seeking custody of the child in the county where the child is permanently resident or where the child is found; or

(b) By a person other than a parent, by filing a petition seeking custody of the child in the county where the child is permanently resident or where he is found, but only if the child is not in the physical custody of one of its parents or if the petitioner alleges that neither parent is a suitable custodian.

(2) Notice of a child custody proceeding shall be given to the child's parent, guardian and custodian, who may appear and be heard and may file a responsive pleading. The court may, upon a showing of good cause, permit the intervention of other interested parties.

(3) Upon filing a petition for dissolution of marriage, legal separation, or declaration of invalidity involving children of the parties, no child custody proceeding involving those children may be commenced nor continued under this section after the effective date of this act. Pending actions under this section shall be merged with the action for dissolution of marriage, legal separation, or declaration of invalidity.

NEW SECTION. Sec. 33. CHILD CUSTODY‑-RELEVANT FACTORS IN AWARDING CUSTODY. In actions under section 32 of this act, the court shall determine custody in accordance with the best interests of the child. The court shall consider all relevant factors including:

(1) The wishes of the child's parent or parents as to his custody and as to visitation privileges;

(2) The wishes of the child as to his custodian and as to visitation privileges;

(3) The interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child's best interests;

(4) The child's adjustment to his home, school, and community; and

(5) The mental and physical health of all individuals involved.

The court shall not consider conduct of a proposed guardian that does not affect the welfare of the child.

NEW SECTION. Sec. 34. CHILD CUSTODY‑-PRIORITY STATUS OF PROCEEDINGS‑-HEARING‑-RECORD‑-EXPENSES OF WITNESSES. Custody proceedings under section 32 of this act shall receive priority in being set for hearing.

Either party may petition the court to authorize the payment of necessary travel and other expenses incurred by any witness whose presence at the hearing the court deems necessary to determine the best interests of the child.

The court without a jury shall determine questions of law and fact. If it finds that a public hearing may be detrimental to the child's best interests, the court may exclude the public from a custody hearing under section 32 of this act, but may admit any person who has a direct and legitimate interest in the work of the court.

If the court finds it necessary to protect the child's welfare that the record of any interview, report, investigation, or testimony in a custody proceeding under section 32 of this act be kept secret, the court may make an appropriate order sealing the record.

NEW SECTION. Sec. 35. CHILD CUSTODY‑-VISITATION RIGHTS. In an action under section 32 of this act, a parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger the child's physical, mental, or emotional health. The court may order visitation rights for any person when visitation may serve the best interest of the child whether or not there has been any change of circumstances.

Any person may petition the court for visitation rights at any time including, but not limited to, custody proceedings under section 32 of this act.

The court may modify an order granting or denying visitation rights under section 32 of this act whenever modification would serve the best interests of the child but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger the child's physical, mental, or emotional health.

NEW SECTION. Sec. 36. CHILD CUSTODY‑-POWERS AND DUTIES OF CUSTODIAN‑-SUPERVISION BY APPROPRIATE AGENCY WHEN NECESSARY. Except as otherwise agreed by the parties in writing at the time of the custody decree in an action under section 32 of this act, the custodian may determine the child's upbringing, including his education, health care, and religious training, unless the court after hearing, finds, upon motion by the noncustodial parent, that in the absence of a specific limitation of the custodian's authority, the child's physical, mental, or emotional health would be endangered.

In an action under section 32 of this act, if both parents or all contestants agree to the order, or if the court finds that in the absence of the order the child's physical, mental, or emotional health would be endangered, the court may order an appropriate agency which regularly deals with children to exercise continuing supervision over the case to assure that the custodial or visitation terms of the decree are carried out. Such order may be modified by the court at any time upon petition by either party.

NEW SECTION. Sec. 37. CHILD CUSTODY‑-ACTION BY RELATIVE. A relative, as defined in RCW 9A.40.010, may bring civil action against any other relative who, with intent to deny access to a child by another relative of the child who has a right to physical custody of the child pursuant to section 32 of this act, or who is designated as the residential parent in an action for dissolution of marriage, legal separation, or declaration of invalidity, takes, entices, or conceals the child from that relative. The plaintiff may be awarded, in addition to any damages awarded by the court, the reasonable expenses incurred by the plaintiff in locating the child, including, but not limited to, investigative services and reasonable attorneys' fees.

NEW SECTION. Sec. 38. CHILD CUSTODY‑-TEMPORARY CUSTODY ORDER OR MODIFICATION OF CUSTODY DECREE‑-AFFIDAVITS REQUIRED. In an action under section 32 of this act, a party seeking a temporary custody order or modification of a custody decree shall submit together with his motion, an affidavit setting forth facts supporting the requested order or modification and shall give notice, together with a copy of his affidavit, to other parties to the proceedings, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause why the requested order or modification should not be granted.

NEW SECTION. Sec. 39. PARENTING PLANS‑-VENUE. Hereafter every action or proceeding to change, modify, or enforce any final order, judgment, or decree heretofore or hereafter entered in any dissolution or legal separation or declaration concerning the validity of a marriage, whether under this chapter or prior law, in relation to the parenting plan for the minor children of the marriage may be brought in the county where said minor children are then residing, or in the court in which said final order, judgment, or decree was entered, or in the county where the parent or other person who has the care, custody, or control of the said children is then residing.

NEW SECTION. Sec. 40. FINAL DECREE OF DIVORCE NUNC PRO TUNC. Whenever either of the parties in a divorce action is, under the law, entitled to a final judgment, but by mistake, negligence, or inadvertence the same has not been signed, filed, or entered, if no appeal has been taken from the interlocutory order or motion for a new trial made, the court, on the motion of either party thereto or upon its own motion, may cause a final judgment to be signed, dated, filed, and entered therein granting the divorce as of the date when the same could have been given or made by the court if applied for. The court may cause such final judgment to be signed, dated, filed, and entered nunc pro tunc as aforesaid, even though a final judgment may have been previously entered where by mistake, negligence or inadvertence the same has not been signed, filed, or entered as soon as such final judgment, the parties to such action shall be deemed to have been restored to the status of single persons as of the date affixed to such judgment, and any marriage of either of such parties subsequent to six months after the granting of the interlocutory order as shown by the minutes of the court, and after the final judgment could have been entered under the law if applied for, shall be valid for all purposes as of the date affixed to such final judgment, upon the filing thereof.

NEW SECTION. Sec. 41. RESTRAINING ORDERS‑-NOTICE‑-REFUSAL TO COMPLY‑-ARREST‑-PENALTY‑-DEFENSE‑-PEACE OFFICERS, IMMUNITY. (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision excluding the person from the residence is a misdemeanor.

(2) A person is deemed to have notice of a restraining order if:

(a) The person to be restrained or the person's attorney signed the order;

(b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

(d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

(3) A peace officer shall verify the existence of a restraining order by:

(a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

(b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

(4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

(a) A restraining order has been issued under this chapter;

(b) The respondent or person to be restrained knows of the order; and

(c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or excluding the person from the residence.

(5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

(6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

NEW SECTION. Sec. 42. CONSTRUCTION‑-PENDING ACTIONS. Notwithstanding the repeals of prior laws enumerated in section 48 of this act, actions which were properly and validly pending in the superior courts of this state as of the effective date of this act shall be governed and may be pursued to conclusion under the provisions of law applicable thereto at the time of commencement of such action and all decrees and orders heretofore or hereafter in all other respects regularly entered in such proceedings are declared valid.

NEW SECTION. Sec. 43. PRIOR DECREES. Decrees involving child custody, visitation, or child support entered prior to the effective date of this act shall be deemed to be parenting plans for purposes of this chapter.

NEW SECTION. Sec. 44. SECTION CAPTIONS. Section captions as used in this chapter do not constitute any part of the law.

NEW SECTION. Sec. 45. EFFECTIVE DATE. This act shall take effect on July 1, 1987.

NEW SECTION. Sec. 46. SEVERABILITY. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 47. Sections 1 through 46 of this act are each added to chapter 26.09 RCW.

NEW SECTION. Sec. 48. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 157, Laws of 1973 1st ex. sess., section 1, chapter 32, Laws of 1975 and RCW 26.09.010;

(2) Section 2, chapter 157, Laws of 1973 1st ex. sess., section 1, chapter 23, Laws of 1973 2nd ex. sess., section 2, chapter 45, Laws of 1983 1st ex. sess. and RCW 26.09.020;

(3) Section 3, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.030;

(4) Section 4, chapter 157, Laws of 1973 1st ex. sess., section 2, chapter 32, Laws of 1975 and RCW 26.09.040;

(5) Section 5, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.050;

(6) Section 6, chapter 157, Laws of 1973 1st ex. sess., section 3, chapter 32, Laws of 1975, section 10, chapter 232, Laws of 1983, section 1, chapter 41, Laws of 1983 1st ex. sess., section 26, chapter 263, Laws of 1984 and RCW 26.09.060;

(7) Section 7, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.070;

(8) Section 8, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.080;

(9) Section 9, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.090;

(10) Section 10, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.100;

(11) Section 1, chapter 201, Laws of 1984, section 1, chapter 108, Laws of 1985 and RCW 26.09.105;

(12) Section 11, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.110;

(13) Section 12, chapter 157, Laws of 1973 1st ex. sess., section 3, chapter 45, Laws of 1983 1st ex. sess. and RCW 26.09.120;

(14) Section 13, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.130;

(15) Section 21, chapter 260, Laws of 1984 and RCW 26.09.135;

(16) Section 14, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.140;

(17) Section 15, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.150;

(18) Section 16, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.160;

(19) Section 17, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.170;

(20) Section 18, chapter 157, Laws of 1973 1st ex. sess., section 27, chapter 263, Laws of 1984 and RCW 26.09.180;

(21) Section 19, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.190;

(22) Section 20, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.200;

(23) Section 21, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.210;

(24) Section 22, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.220;

(25) Section 23, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.230;

(26) Section 24, chapter 157, Laws of 1973 1st ex. sess., section 1, chapter 271, Laws of 1977 ex. sess. and RCW 26.09.240;

(27) Section 25, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.250;

(28) Section 6, chapter 95, Laws of 1984 and RCW 26.09.255;

(29) Section 26, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.260;

(30) Section 27, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.270;

(31) Section 28, chapter 157, Laws of 1973 1st ex. sess., section 4, chapter 32, Laws of 1975 and RCW 26.09.280;

(32) Section 29, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.290;

(33) Section 1, chapter 99, Laws of 1974 ex. sess., section 28, chapter 263, Laws of 1984 and RCW 26.09.300;

(34) Section 1, chapter 15, Laws of 1974 ex. sess. and RCW 26.09.900;

(35) Section 2, chapter 15, Laws of 1974 ex. sess. and RCW 26.09.901; and

(36) Section 3, chapter 15, Laws of 1974 ex. sess. and RCW 26.09.902.