HOUSE BILL REPORT

HB 2887

BYRepresentatives Appelwick, P. King, May and Wood

Concerning modifying parenting plans.

House Committe on Judiciary

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

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Dellwo, Forner, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Bill Perry (786-7123)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 1, 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:

SUBSTITUTE BILL:  A new set of standards is established for seeking certain modifications of a parenting plan.  If new or previously unknown facts cause a substantial change in circumstances, a court may order a change that is necessary to serve the best interest of the child 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.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute adds the provisions relating to parental notification before a move.

Fiscal Note:      Requested February 4, 1990.

House Committee ‑ Testified For:    Bill Harrington, Fathers' Rights; and Mary Wechsler, Washington State Bar, Family Law Section.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    This simplified procedure will help allow needed but relatively minor changes in parenting plans.  It will also prevent unexpected moves by one parent.

House Committee - Testimony Against:      None.