HOUSE BILL REPORT

HB 1463

BYRepresentatives Belcher, Locke, Hargrove, Crane, Wang and Todd

Providing for orders requiring parents to comply with residential provisions for a child.

House Committe on Judiciary

Majority Report:  Do pass.  (16)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Belcher, Brough Hargrove, P. King, Lewis, Meyers, Moyer, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Harry Reinert (786-7110)

AS PASSED HOUSE FEBRUARY 1, 1988

BACKGROUND:

Courts have both inherent and statutory authority to enforce their orders.  This authority may be used either to coerce a person into compliance with the court's order or to punish a person for failure to comply with the order.  Coercive contempt must be designed to obtain compliance only.  As soon as the person complies with the order, the court's sanction must be lifted.  Punitive contempt is not subject to this limitation.

Under the dissolution of marriage act, the court at the time of dissolution of marriage approves a parenting plan which includes residential provisions for children of the marriage.

SUMMARY:

A motion may be filed in superior court to enforce the court's order making residential provision for a child.  If the court finds reasonable cause to believe that the parent is not complying with its order, it may issue an order for a show cause hearing on why the parent is not in compliance.  If the court determines at the hearing that the parent, without reasonable excuse, has not complied with the order making residential provisions for the child and that the parent is unwilling to comply, the court may find the parent in contempt of court.  The court may order the parent imprisoned in the county jail until the parent agrees to comply with the order, up to a maximum of 180 days.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Lucille Christenson, DSHS; Lonnie Johns-Brown, NOW; Robert Michik, Washington Coalition for Family Rights.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    It is difficult for non-custodial parents to enforce their right to residential time under a parenting plan.  Allowing the use of contempt proceedings will make it easier to obtain compliance.

House Committee - Testimony Against:      None Presented.