HOUSE BILL REPORT

ESHB 1536

BYHouse Committee on Judiciary (originally sponsored by Representatives Appelwick, Brough, P. King and May)

Revising the laws governing parenting plans.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (17)

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

House Staff:Harry Reinert (786-7110)

AS PASSED HOUSE FEBRUARY 10, 1988

BACKGROUND:

The Legislature enacted the Parenting Act in 1987.  The act took effect January 1, 1988.  The Parenting Act was a major revision of statutes governing the determination of parental responsibilities and rights after the dissolution of a marriage.  In the time since the Parenting Act was enacted, several areas for improvement have been identified.

The Parenting Act requires that a proposed parenting plan must be filed with the petition for dissolution and with the response.  If a plan is not filed by one party, the other party may move for a default order.

Proposed and permanent parenting plans are required to set forth specific limitations governing the dispute resolution process and mutual decision making authority.  A plan must also state that a parent's failure to comply with one part of the plan does not affect the parent's obligations under the plan.  The Parenting Act does not explicitly make these requirements of the parenting plan, but only requires that they be stated.

A dispute resolution process may consist of counseling, mediation, arbitration, or judicial intervention.

When the court enters its order and adopts a parenting plan, it must designate one household as the child's residence for purposes of jurisdiction, venue, and child support.

The permanent parenting plan may not require mutual decision-making or any dispute resolution process other than court action and must limit the parent's residential time with the child if the court finds that the parent has a history of acts of domestic violence.  If the court finds that there has been an act of domestic violence which rises to the level of a felony, it must limit the parent's residential time with the child.

In contested custody proceedings, and in other proceedings if a party requests, the court may order an investigation relating to the parenting arrangements for a child.

The court may not modify a custody decree or a parenting plan unless a substantial change of circumstances justifying the modification are shown.  The court must retain the residential schedule in the plan, unless the parents agree, the child has been integrated into the one parent's family with the consent of the other, or the child is in an environment detrimental to her best interests.

The court must designate one parent as the custodian for purposes of other state and federal statute statutes which require a designation of a custodian. If the court fails to designate a parent as custodian, the parent with whom the child resides the majority of the time is the custodian for these limited purposes.

Actions before the court prior to the effective date of the Parenting Act are governed by the law in effect prior to the enactment of the Parenting Act.

A relative may bring a civil action against another relative who denies access to a child when another relative has a right to physical custody of the child.

A party to a dissolution of marriage proceeding may file a motion for temporary support or for a temporary restraining order or a preliminary injunction.  A similar procedure is not available for third party custody actions.

In a paternity action under the Uniform Parentage Act, the court may make provision for the custody and guardianship of the child and visitation privileges with the child.  The court must also make custody and visitation orders for the child on the same basis as provided for in the Parenting Act.

In paternity actions and in resolving domestic violence cases, the court may make determinations affecting the residential placement of a child.

SUMMARY:

A proposed parenting plan is not required at the time of filing of a petition for dissolution, but must be filed within 30 days after the note for trial or 180 days after commencement of the action or such later time agreed to by the parties, whichever is earlier.  The proposed parenting plan must have attached a statement that the parenting plan is proposed in good faith.

A written or electronic record must be made of any agreement reached as a result of counseling or mediation and of each arbitration.

The court may not require mutual decision making or dispute resolution other than court action if a parent has a history of acts of domestic violence involving an assault or sexual assault that causes grievous bodily harm or engenders fear of such harm.  The court must limit a parent's residential time with the child if the parent has a history of acts of domestic violence or if there has been an assault that causes grievous bodily harm or engenders fear of such harm.  The court shall apply the civil rules of evidence, proof, and procedure in making these determinations.

The court may order an investigation into the parenting arrangements for a child in any case, whether or not the case is contested or a party requests.

The court may modify a custody decree or a parenting plan without a showing of a substantial change in circumstances if the proposed modification is only a change in the plan's dispute resolution process or a minor change in the residential schedule of not more than 24 days a year and five days in a month and does not change the child's principal residence.

The parenting plan shall designate as custodian for purposes of other state or federal statutes the parent with whom the child resides a majority of the time.  If the parenting plan does not designate a custodian, the parent with whom the child resides a majority of the time is deemed to be the custodian.  This also applies in paternity actions and domestic violence cases.

Actions pending prior to the effective date of the Parenting Act are not governed by the Parenting Act.

A relative may bring a civil action for custodial interference with a right to visitation as well as with a right to custody.

A party to a third party custody action may file a motion for temporary child support or for a temporary restraining order or a preliminary injunction.

In paternity actions, the court is not required to make residential provisions under the paternity act unless a party requests.  References in the domestic violence act to custody and visitation are modified to reflect parenting act terminology.

Several obsolete references to custody and visitation are corrected and a double amendment is corrected.

Fiscal Note:      Not Requested.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    None Presented.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    None Presented.

House Committee - Testimony Against:      None Presented.