SENATE 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

Senate Committee on Law & Justice

Senate Hearing Date(s):February 25, 1988

Majority Report:  Do pass as amended.

      Signed by Senators Halsan, Madsen, Nelson, Newhouse, Niemi, Talmadge.

Senate Staff:Lidia Mori (786-7418)

                  February 29, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 25, 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.

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 filing and service of notice for trial or 180 days after commencement of the action which may be extended by agreement of the parties.  A statement must be attached to the proposed parenting plan stating that the parenting plan is proposed in good faith.

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

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 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 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.

For purposes of all other state of federal statutes the parenting plan shall designate as custodian 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 that has a right to visitation or physical custody may bring a civil action for custodial interference.

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

In paternity actions, the court is not required to make residential provisions 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.

SUMMARY OF PROPOSED SENATE AMENDMENTS:

The permanent parenting plan shall not require mutual decision-making or designation of a dispute resolution process other than court action if it is found that a parent has engaged in a felony level assault or sexual assault.  The court must limit a parent's residential time or other contact including visitation with a child if it is found that the parent has engaged in a felony level assault or sexual assault.

If the court expressly finds that limitation of residential time or other contact will not protect the child from harm, the court must restrain the parent from all contact with the child.

If the court finds that contact between the parent and child will not cause physical or emotional harm to the child and that the likelihood of the harmful conduct reoccurring is so remote, the court need not restrict the parent's residential time or other contact with the child.

Adjustments to the permanent parenting plan may be made by the court without a showing of substantial change in circumstances if the adjustment involves a change in the dispute resolution process or a minor change in the residential schedule not exceeding 24 days per year and 5 days per month.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Representative Marlin Appelwick, original sponsor