AN ACT Relating to parenting; amending RCW 26.09.010, 26.09.040, 26.09.050, 26.09.070, 26.09.100, 26.09.110, 26.09.160, 26.09.210, 26.09.220, 26.09.240, 26.09.280, 26.09.255, 9A.40.060, 9A.40.070, 26.12.060, 26.50.060, and 26.26.130; adding new sections to chapter 26.09 RCW; repealing RCW 26.09.180, 26.09.190, 26.09.200, 26.09.230, 26.09.250, and 26.09.260; and providing an effective date.

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

Sec. 1. Section 1, chapter 157, Laws of 1973 1st ex. sess. as amended by section 1, chapter 32, Laws of 1975 and RCW 26.09.010 are each amended to read as follows:

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 toward a minor child, 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. A new section is added to chapter 26.09 RCW to read as follows:

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 this chapter, 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 this chapter. 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. Further, 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. A new section is added to chapter 26.09 RCW to read as follows:

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 14 of this act.

(2) "Permanent parenting plan" means a plan for parenting the child, based on the criteria set forth in sections 9 and 10 of this act, to be incorporated in the final order in any action for dissolution of marriage, declaration of invalidity, or legal separation.

(3) "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.

Sec. 4. Section 4, chapter 157, Laws of 1973 1st ex. sess. as amended by section 2, chapter 32, Laws of 1975 and RCW 26.09.040 are each amended to read as follows:

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, ((~~custody, visitation, support~~)) 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.

Sec. 5. Section 5, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.050 are each amended to read as follows:

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~~)) change the marital status of the parties, make provision for ((~~child custody and visitation, the support of~~)) a parenting plan for any minor child of the marriage ((~~entitled to support,~~)) to the support of any child of the marriage entitled to support, make provision for the maintenance of either spouse, ((~~and~~)) make provision for the disposition of property and liabilities of the parties, make provision for the allocation of the children as federal tax exemptions, making provision for any necessary continuing restraining orders, and making provision for the change of name of any party entitled to such a change.

Sec. 6. Section 7, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.070 are each amended to read as follows:

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 ((~~custody, support, and visitation of~~)) 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 ((~~custody, support, and visitation of~~)) parenting plan for their 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 ((~~for custody, support, and visitation~~)) of the parenting plan 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 ((~~custody, support, and visitation of~~)) 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. 7. A new section is added to chapter 26.09 RCW to read as follows:

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 8 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 court may dismiss the case for lack of prosecution or may impose terms upon the parties and/or their counsel.

(3) AGREED PERMANENT PARENTING PLANS. The parents may make an agreed permanent parenting plan, as described in sections 8 and 9 of this act.

(4) MANDATORY SETTLEMENT CONFERENCE. As soon as practicable after the service and filing of each party's proposed permanent parenting plan, the parents shall attend a mandatory settlement conference. The mandatory settlement conference shall be presided over by a judge or a court commissioner, who shall apply the criteria in sections 9 and 10 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 as soon as practicable after the mandatory settlement conference. The final order or decree shall be entered not sooner than ninety days after filing and service.

NEW SECTION. Sec. 8. A new section is added to chapter 26.09 RCW to read as follows:

PERMANENT PARENTING PLAN. (1) OBJECTIVES. The objectives of the permanent parenting plan are to:

(a) Provide for the child's physical care;

(b) Maintain the child's emotional stability;

(c) Provide for the child's changing needs as the child grows and matures, in a way that minimizes the need for future modifications to the permanent parenting plan;

(d) Set forth the authority and responsibilities of each parent with respect to the child, consistent with the criteria in sections 9 and 10 of this act;

(e) Minimize the child's exposure to harmful parental conflict;

(f) Encourage the parents, where appropriate under sections 9 and 10 of this act, to meet their responsibilities to their dependent children through agreements in the permanent parenting plan, rather than by relying on judicial intervention; and

(g) To otherwise protect the best interests of the child consistent with section 2 of this act.

(2) CONTENTS OF THE PERMANENT PARENTING PLAN. The permanent parenting plan shall contain provisions for resolution of future disputes between the parents, allocation of decision-making authority, residential provisions for the child and financial support for the child consistent with the criteria in sections 9, 10, and 11 of this act.

(3) DISPUTE RESOLUTION. A process for resolving disputes, other than court action, shall be provided unless precluded or limited by section 9 or 10 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, except those related to financial support, unless an emergency exists;

(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; and

(d) The parties have the right of review from the dispute resolution process to the superior court.

(4) ALLOCATION OF DECISION-MAKING AUTHORITY.

(a) The plan shall allocate decision-making authority to one or both parties, consistent with the criteria in sections 9 and 10 of this act, regarding the children's education, health care, and religious upbringing. The parties may incorporate an agreement related to the care and growth of the child in these specified areas, or in other areas, into their plan, as long as the agreement is consistent with the criteria in sections 9 and 10 of this act.

(b) The plan shall state that:

(i) Each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent;

(ii) When mutual decision making is designated but cannot be achieved, the parties shall make a good-faith effort to resolve the issue through the dispute resolution process. In the absence of agreement, where the immediacy of the situation requires it, the decision may be made by the parent who is present with the child.

(5) RESIDENTIAL PROVISIONS FOR THE CHILD. The plan shall include a residential schedule which designates in which parent's home each dependent child shall reside on given days of the year, including provision for holidays, birthdays of family members, vacations, and other special occasions, consistent with the criteria in sections 9 and 10 of this act.

(6) CHILD SUPPORT. Provision shall be made for the financial support of the child in accordance with section 11 of this act and RCW 26.09.130 and 26.09.135. The provision shall state the identity of the child for whom support is paid, the amount of support to be paid and by whom, provision for medical and dental insurance consistent with RCW 26.09.105, notice regarding mandatory wage assignments as required by RCW 26.09.135, and the terms under which the support obligation terminates.

(7) The plan shall state that if a parent fails to comply with a provision of a parenting plan, the other parent's obligations under the parenting plan are not affected.

(8) Each plan shall bear the declaration that if one parent intentionally denies access as provided for under the plan for a period of seventy-two hours or more to the child by the other parent, then the party being denied access is entitled to relief, including police assistance under the criminal custodial interference statutes, including RCW 9A.40.060 and 9A.40.070. Failure of the plan to make this declaration shall not invalidate the plan.

NEW SECTION. Sec. 9. A new section is added to chapter 26.09 RCW to read as follows:

CRITERIA FOR ESTABLISHING PERMANENT PARENTING PLAN. (1) DISPUTE RESOLUTION PROCESS. The court shall not order a dispute resolution process, except court action, if any limiting factor under section 10 of this act applies, or if either parent is unable to afford the cost of the proposed 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.

(2) ALLOCATION OF DECISION-MAKING AUTHORITY.

(a) AGREEMENTS BETWEEN THE PARTIES. The court shall approve agreements of the parties allocating decision-making authority, or specifying rules in the areas listed in section 8(4)(a) of this act, where it finds that:

(i) The agreement is consistent with any limitations on a parent's decision-making authority mandated by section 10 of this act; and

(ii) The agreement is knowing and voluntary.

(b) SOLE DECISION-MAKING AUTHORITY. The court shall order sole decision-making to one parent when:

(i) A limitation on the other parent's decision-making authority is mandated by section 10 of this act;

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

(iii) One parent is opposed to mutual decision making, and such opposition is reasonable based on the criteria in (c) of this subsection;

(c) MUTUAL DECISION-MAKING AUTHORITY. Except as provided in (a) and (b) of this subsection, the court shall consider the following criteria in allocating decision-making authority:

(i) The existence of a limitation under section 10 of this act;

(ii) The history of participation of each parent in decision making in each of the areas in section 8(4)(a) of this act;

(iii) Whether the parents have a demonstrated ability and desire to cooperate with one another in decision making in each of the areas in section 8(4)(a) of this act; and

(iv) The parents' geographic proximity to one another, to the extent that it affects their ability to make timely mutual decisions.

(3) RESIDENTIAL PROVISIONS.

(a) The court shall make residential provisions for each child which encourage each parent to maintain a loving, stable, and nurturing relationship with the child, consistent with the child's developmental level and the family's social and economic circumstances. The residential provisions set forth by the court shall be consistent with the application of the following criteria in the following order:

(i) Any limitation pursuant to section 10 of this act shall be observed;

(ii) Agreements of the parties regarding residential provisions for the child shall be approved where:

(A) The agreement is consistent with any limitation on residential provisions required by section 10 of this act;

(B) The agreement is knowingly and voluntarily entered into by the parties; and

(iii) Where (a) (i) and (ii) of this subsection are not dispositive, the parenting plan shall be formulated to maintain the relationship between each parent and the child: PROVIDED, That the residential provisions shall maintain the pattern of performance of parenting functions as described in section 3(3)(b) of this act by the parent, if any, who has taken the greater responsibility for performing these functions during the child's lifetime;

(iv) Where (a) (i), (ii), and (iii) of this subsection are not dispositive, the residential provisions shall maintain the child's interaction and interrelationship with the child's siblings and any other person who may significantly affect the child's best interests; and

(v) Where (a) (i) through (iv) of this subsection are not dispositive, the residential provisions shall meet the wishes of a child who is sufficiently mature to make a reasoned judgment as to his or her residence, based on the child's adjustment to home, school, and community.

(b) The criteria in (a) of this subsection shall be applied in sequence unless the court expressly finds that the application of these criteria in sequence would not be in the child's best interests and specifies in what sequence the factors have been applied.

(c) The court shall not order that a child alternate regularly between the households of their parents for substantially equal intervals of time unless the court finds the following:

(i) No limitation exists under section 10 of this act;

(ii) The parties have agreed to such provisions, and the agreement is knowingly and voluntarily entered into;

(iii) The parties have a satisfactory history of cooperation and shared performance of the parenting functions under section 3 of this act;

(iv) The parties are available to each other, especially by geographic proximity, to the extent necessary to ensure their ability to share performance of the parenting functions in section 3 of this act;

(v) The parties have designated a residential parent for purposes of jurisdiction and venue; and

(vi) The court finds the provisions are in the child's best interests.

NEW SECTION. Sec. 10. A new section is added to chapter 26.09 RCW to read as follows:

LIMITATIONS IN ISSUANCE OF TEMPORARY OR PERMANENT PARENTING PLAN PROVISIONS. (1) The permanent parenting plan shall not require mutual decision making or designation of a dispute resolution process other than court action, and the parent's time with the child in the residential provisions of the plan shall be limited on a showing that the parent has engaged in any of the following conduct:

(a) Wilful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions;

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

(2) The court shall apply the limitation of subsection (1) of this section unless it expressly finds that the possibility that such conduct will recur is so remote that it would not be in the child's best interests to apply the limitation.

(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 provisions of the parenting plan, if any of the following factors exist:

(a) A parent's 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 3 of this act;

(c) A long-term impairment resulting from drug, alcohol, or other substance abuse that 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 by the parent which creates the danger of serious damage to the child's psychological development;

(f) A parent has withheld from the other parent access to the child for a protracted period without good cause; or

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

Sec. 11. Section 10, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.100 are each amended to read as follows:

CHILD SUPPORT. (1) WHEN AWARDED. In a proceeding for ((~~dissolution of marriage, legal separation, declaration of invalidity, maintenance, or~~)) child support((, after considering all relevant factors but without regard to marital misconduct, the court may order either or both parents owing a duty of support to any child of the marriage dependent upon either or both spouses to pay an amount reasonable or necessary for his support)) or in which a parenting plan has been entered, the court shall provide for adequate financial support for each minor child and, in cases in which a parenting plan has been entered, shall provide for support adequate to implement the parenting plan. Each parent has a continuing responsibility for the financial support of his or her minor children. The court shall designate an amount of child support to be paid by one parent to the other, shall designate which parent shall pay and which parent shall receive the child support, and shall designate when the payments are to be made. 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) LIMITATIONS ON APPORTIONMENT. The court shall determine child support with the assumption the child resides at a single residence. The child support determined in this manner under subsection (1) of this section may be adjusted if the parenting plan provides that the minor child or children reside for substantial amounts of time with each parent. Any adjustment under this subsection shall be limited to the amount of actual reduction in necessary expenses incurred by the parent to whom child support is payable.

Sec. 12. Section 11, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.110 are each amended to read as follows:

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 ((~~his custody, support, and visitation~~)) provision for the parenting plan in an action for dissolution of marriage, legal separation, or declaration concerning the validity of a marriage. 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.

Sec. 13. Section 16, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.160 are each amended to read as follows:

FAILURE TO COMPLY WITH DECREE OR TEMPORARY INJUNCTION‑-OBLIGATION TO MAKE SUPPORT OR MAINTENANCE PAYMENTS OR PERMIT CONTACT WITH CHILDREN 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~~)) contact with children is not suspended, but ((he)) the party may move the court to grant an appropriate order.

NEW SECTION. Sec. 14. A new section is added to chapter 26.09 RCW to read as follows:

PROPOSED TEMPORARY PARENTING PLAN. (1) On commencement of a proceeding under this chapter that involves minor children of either party, 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 and serve 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 and served 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. If the petitioner fails to file and serve a proposed temporary parenting plan with the petition, the respondent may file and serve a proposed temporary parenting plan. If the petitioner fails to file and serve a proposed temporary parenting plan within twenty days after filing and serving of the respondent's proposed temporary parenting plan, the respondent may move to have the respondent'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 filing and service of the petition, unless a continuance is granted by the court upon stipulation of the parents or for necessary administrative convenience of the court.

(3) If the parties file and serve a 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 filing and service of the petition, a hearing shall be held on the proposed plans not later than thirty-five days after filing and 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 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 performance by each parent of the parenting functions contained in section 3(3)(b) of this act;

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

(e) Any of the circumstances set forth in section 10 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 each parent when appropriate, during which that 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 9 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 RCW 26.09.060.

(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 a 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 10 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.

NEW SECTION. Sec. 15. A new section is added to chapter 26.09 RCW to read as follows:

ISSUANCE OF TEMPORARY PARENTING PLAN. After considering the affidavit required by section 14(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. 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 presumed that, absent a showing that any of the limitations in section 10 of this act apply, the child's emotional stability for the temporary order period is best fostered by maintaining the pattern of care established over the preceding twelve months. If one parent has assumed greater responsibility for performing the parenting functions contained in section 3(3)(b) of this act 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 10 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, the child desires to reside with the other parent, and the court expressly finds the decision of the child is in the best interest of the child.

Sec. 16. Section 21, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.210 are each amended to read as follows:

PARENTING AGREEMENTS‑-INTERVIEW WITH CHILD BY COURT‑-ADVICE OF PROFESSIONAL PERSONNEL. The court may interview the child in chambers to ascertain the child's wishes as to ((~~his custodian and as to visitation privileges~~)) 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.

Sec. 17. Section 22, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.220 are each amended to read as follows:

PARENTING AGREEMENTS‑-INVESTIGATION AND REPORT. (1) In contested custody proceedings, and in other ((~~custody~~)) proceedings if a ((~~parent or the child's custodian~~)) party so requests, the court may order an investigation and report concerning ((~~custodian~~)) parenting arrangements for the child in an action for dissolution of marriage, legal separation, or declaration of invalidity. 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 his report concerning a child, the investigator may consult any person who may have information about the child and ((~~his~~)) 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 custodian; but the child's consent must be obtained if he has reached the age of twelve, unless the court finds that ((he)) 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 he has consulted for cross-examination. A party may not waive ((~~his~~)) the right of cross-examination prior to the hearing.

Sec. 18. Section 24, chapter 157, Laws of 1973 1st ex. sess. as amended by section 1, chapter 271, Laws of 1977 ex. sess. and RCW 26.09.240 are each amended to read as follows:

VISITATION RIGHTS‑-NONPARENTS. ((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~~)).

The court may modify an order granting or denying visitation rights 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. 19. A new section is added to chapter 26.09 RCW to read as follows:

MODIFICATIONS. (1) The court shall not modify a prior decree or a parenting plan unless it finds, on 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 substantial change has occurred in the circumstances of the child or the parents and that the modification is necessary to serve the best interests of the child. In applying these standards, the court shall retain the residential schedule established by the decree or parenting plan unless:

(a) The parents agree to the modification;

(b) The child has been integrated into the family of the petitioner with the consent of the other parent in substantial deviation from the parenting plan; or

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

(2) If the court finds that a motion to modify a prior decree or parenting plan has been brought in bad faith, the court shall assess the attorney's fees and court costs of the nonmoving parent against the moving party.

Sec. 20. Section 28, chapter 157, Laws of 1973 1st ex. sess. as amended by section 4, chapter 32, Laws of 1975 and RCW 26.09.280 are each amended to read as follows:

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 ((~~care, custody, control, or support of~~)) 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. 21. A new section is added to chapter 26.09 RCW to read as follows:

PUBLIC BENEFITS. For purposes of any state or federal statute that provides benefits for the support and care of a minor dependent child and which requires a parent applying for the benefits to have a court order granting the parent custody of the minor child, an order under this chapter shall be deemed a custody order and the parent entitled pursuant to that order to receive child support shall be entitled to apply for and receive on behalf of the minor child any benefits the child is eligible to receive, provided all other eligibility criteria are specified. The decree shall expressly state this requirement. However, failure to so state shall not affect the validity of the decree or the application of this section.

Sec. 22. Section 6, chapter 95, Laws of 1984 and RCW 26.09.255 are each amended to read as follows:

REMEDIES. (1) 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 civil or criminal contempt, and may consider the conduct in awarding attorneys' fees.

(2) A relative, as defined in RCW 9A.40.010, may bring civil action against any other relative ((~~who~~)) if, with intent to deny access to a child by ((~~another~~)) that relative of the child who has a right to physical custody of the child or a parent with whom the child resides pursuant to a parenting plan order, the relative 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. 23. A new section is added to chapter 26.09 RCW to read as follows:

CONSTRUCTION‑-PENDING ACTIONS. Notwithstanding the repeals of prior laws, 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. 24. A new section is added to chapter 26.09 RCW to read as follows:

PRIOR DECREES. (1) Decrees under this chapter 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.

(2) The enactment of the 1987 revisions to this chapter does not constitute substantially changed circumstances for the purposes of modifying decrees entered under this chapter prior to the effective date of this act involving child custody, visitation, or child support.

(3) Actions brought for clarification or interpretation of decrees entered under this chapter prior to the effective date of this act shall be determined under the law in effect immediately prior to the effective date of this act.

Sec. 25. Section 1, chapter 95, Laws of 1984 and RCW 9A.40.060 are each amended to read as follows:

(1) A relative of a child under the age of eighteen or of an incompetent person is guilty of custodial interference in the first degree if, with the intent to deny access to the child or incompetent person by a parent, guardian, institution, agency, ((or)) other person having a lawful right to physical custody of such person, or a parent with whom the child resides pursuant to a parenting plan order, the relative takes, entices, retains, detains, or conceals the child or incompetent person from a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person and:

(a) Intends to hold the child or incompetent person permanently or for a protracted period; or

(b) Exposes the child or incompetent person to a substantial risk of illness or physical injury; or

(d) Retains, detains, or conceals the child or incompetent person in another state after expiration of any authorized visitation period or residential period authorized in a parenting plan with intent to intimidate or harass a parent, guardian, institution, agency, or other person having lawful right to physical custody or to prevent a parent, guardian, institution, agency, or other person with lawful right to physical custody from regaining custody.

(2) A parent or other person acting under the directions of the parent is guilty of custodial interference in the first degree if the parent or other person intentionally takes, entices, retains, or conceals a child, under the age of eighteen years and for whom no lawful custody order or parenting plan order has been entered by a court of competent jurisdiction, from the other parent with intent to deprive the other parent from access to the child permanently or for a protracted period.

(3) Custodial interference in the first degree is a class C felony.

Sec. 26. Section 2, chapter 95, Laws of 1984 and RCW 9A.40.070 are each amended to read as follows:

(1) A relative of a person is guilty of custodial interference in the second degree if, with the intent to deny access to such person by a parent, guardian, institution, agency, ((or)) other person having a lawful right to physical custody of such person, or a parent with whom the child resides pursuant to a parenting plan order, the relative takes, entices, retains, detains, or conceals the person for a period of seventy-two hours or more from a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person during that same time period.

(2) The first conviction of custodial interference in the second degree is a gross misdemeanor. The second or subsequent conviction of custodial interference in the second degree is a class C felony.

Sec. 27. Section 6, chapter 50, Laws of 1949 and RCW 26.12.060 are each amended to read as follows:

The family court commissioners shall: (1) Receive all applications and complaints filed in the family court for the purpose of disposing of them pursuant to this chapter; (2) investigate the facts upon which to base warrants, subpoenas, orders or directions in actions or proceedings filed in or transferred to the family court pursuant to this chapter; (3) for the purpose of this chapter, exercise all the powers and perform all the duties of regular court commissioners; (4) hold conciliation conferences with parties to and hearings in proceedings under this chapter and make written reports of all proceedings had which shall become a part of the record of the family court; (5) provide such supervision in connection with the exercise of its jurisdiction as the judge of the family court may order; (6) cause the orders and findings of the family court to be entered in the same manner as orders and findings are entered in cases in the superior court; ((~~and~~)) (7) cause such other reports to be made and records kept as will indicate the value and extent of such conciliation service; and (8) be authorized to determine guardianships of minor dependent children.

Sec. 28. Section 7, chapter 263, Laws of 1984 as amended by section 5, chapter 303, Laws of 1985 and RCW 26.50.060 are each amended to read as follows:

(1) Upon notice and after hearing, the court may provide relief as follows:

(a) Restrain a party from committing acts of domestic violence;

(b) Exclude the respondent from the dwelling which the parties share or from the residence of the petitioner;

(c) On the same basis as is provided in chapter 26.09 RCW, ((~~award temporary custody and establish temporary visitation with regard to minor children of the parties, and restrain any party from interfering with the custody of the minor children~~)) the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter;

(d) Order the respondent to participate in treatment or counseling services;

(e) Order other relief as it deems necessary for the protection of a family or household member, including orders or directives to a peace officer, as allowed under this chapter; and

(f) Require the respondent to pay the filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee. If the petitioner has been granted leave to proceed in forma pauperis, the court may require the respondent to pay the filing fee and costs, including services fees, to the county or municipality incurring the expense.

(2) Any relief granted by the order for protection, other than a judgment for costs, shall be for a fixed period not to exceed one year.

(3) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence.

Sec. 29. Section 14, chapter 42, Laws of 1975-'76 2nd ex. sess. as amended by section 8, chapter 41, Laws of 1983 1st ex. sess. and RCW 26.26.130 are each amended to read as follows:

(1) The judgment and order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.

(2) If the judgment and order of the court is at variance with the child's birth certificate, the court shall order that an amended birth certificate be issued.

(3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the proceeding, concerning the duty of current and future support, the extent of any liability for past support furnished to the child if that issue is before the court, the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment and order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement.

(4) Support judgment and orders shall be for periodic payments which may vary in amount. The court may limit the father's liability for the past support to the child to the proportion of the expenses already incurred as the court deems just: PROVIDED HOWEVER, That the court shall not limit or affect in any manner the right of nonparties including the state of Washington to seek reimbursement for support and other services previously furnished to the child.

(5) In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, the court shall consider all relevant facts, including, but not limited to:

(a) The needs of the child;

(b) The standard of living and circumstances of the parents;

(d) The earning ability of the parents;

(e) The need and capacity of the child for education, including higher education;

(f) The age of the child;

(g) The responsibility of the parents for the support of others; and

(h) The value of services contributed by the custodial parent.

(6) ((~~In determining custody, a court, in accordance with the best interests of the child, shall consider all relevant facts including:~~

~~(a) The wishes of the child's parents or parent as to the child's custody and as to visitation;~~

~~(b) The wishes of the child as to the child's custodian and as to visitation privileges;~~

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

~~(d) The child's adjustment to home, school, and community; and~~

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

~~The court shall not consider conduct of a proposed custodian that does not affect the welfare of the child.~~)) On the same basis as provided in chapter 26.09 RCW, the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter absent agreement of the parties.

(7) In any dispute between the natural parents of a child and a person or persons who have (a) commenced adoption proceedings or who have been granted an order of adoption, and (b) pursuant to a court order, or placement by the department of social and health services or by a licensed agency, have had actual custody of the child for a period of one year or more before court action is commenced by the natural parent or parents, the court shall consider the best welfare and interests of the child, including the child's need for situation stability, in determining the matter of custody, and the parent or person who is more fit shall have the superior right to custody.

NEW SECTION. Sec. 30. A new section is added to chapter 26.09 RCW to read as follows:

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

NEW SECTION. Sec. 31. A new section is added to chapter 26.09 RCW to read as follows:

EFFECTIVE DATE. This act shall take effect on January 1, 1988.

NEW SECTION. Sec. 32. A new section is added to chapter 26.09 RCW to read as follows:

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

NEW SECTION. Sec. 33. The following acts or parts of acts are each repealed:

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

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

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

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

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

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