SENATE BILL REPORT

SHB 2887

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

Concerning modifying parenting plans.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):February 14, 1990; February 16, 1990

Majority Report:  Do pass as amended.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Newhouse, Patrick, Rasmussen.

Minority Report:  Do not pass.

      Signed by Senators Niemi, Talmadge.

Senate Staff:Richard Rodger (786-7461)

                  February 19, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 16, 1990

BACKGROUND:

Under Washington's dissolution of marriage law, divorcing couples with children must establish a parenting plan.  The plan is to include: (1) A dispute resolution process for handling disagreements between the parents; (2) An allocation of decision making authority to one or both parents with respect to each child's education, health care and religious training; and (3) A schedule of when each child is to reside with each parent.

A parent may seek a modification of a parenting plan upon a showing that facts not in existence or unknown at the time of the original plan have caused a "substantial change in circumstances" of the child or of the other parent.  The parent asking for the change must show that the change is necessary to serve the best interests of the child.  The court may grant the request for such a change only if: (1) Both parents agree; or (2) Both parents have already acquiesced in a deviation from the parenting plan and as a result the child has become integrated into the family of the parent asking for the change; or (3) The present plan is detrimental to the child's health and a change would be an improvement; or (4) The parent who is not seeking the change has repeatedly violated the residential provisions of the parenting plan.

The family law section of the bar association has suggested that for certain minor changes in a parenting plan, less stringent standards ought to apply than those currently applied to a request for a modification.

SUMMARY:

A new set of standards is established for seeking certain modifications of a parenting plan.  If a substantial change in circumstances has occurred, the court may order a change to the parenting plan if the change involves only the following: (1) The dispute resolution process; or (2) A minor change in the residential schedule that does not change the parent with whom the child spends the majority of the time and does involve more than 24 days per year or five days per month; or (3) A change in the residential schedule to accommodate a parent's change in residence, or a parent's involuntary change in work schedule, if the change has made the original plan impractical to follow.

A modification to a parenting plan sought under these new standards may be granted without a showing that both parents agree, or that the change is confirmation of a de facto arrangement, or that failure to grant the change would be detrimental to the child's health, or that the parent not seeking the change has violated the residential provisions of the plan.

Before a parent moves out of the state or moves more than 100 miles away from the other parent, the moving parent must serve written notice of the intent to move.  The parent receiving the notice has 30 days to demand a hearing on the question of whether the parenting plan should be modified as a result of the move.  A move of 100 miles or a move out of the state constitutes a substantial change of circumstances.

SUMMARY OF PROPOSED SENATE AMENDMENT:

A parent must provide written notice to the other parent if they intend to move their residence.  The requirement of filing the notice with the court is stricken.  A provision is added which gives the court continuing jurisdiction if the notice requirement is not complied with.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 4, 1990

Senate Committee - Testified: Representative Appelwick, prime sponsor; Bill Harrington, Father's Rights; Michele Radosevich, Northwest Women's Law Center; Kim Prochnau, WSBA