SENATE BILL REPORT

EHB 2155

BYRepresentatives Appelwick and P. King 

Making changes to the parenting act.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):March 15, 1989; March 22, 1989

Majority Report:  Do pass as amended.

      Signed by Senators Hayner, Madsen, Niemi, Rasmussen, Talmadge, Thorsness.

Senate Staff:Richard Rodger (786-7461)

                  March 22, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 22, 1989

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.

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 is shown.  The court must retain the residential schedule in the original plan, unless the parents agree to a change, or 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 his or her best interests.

The court must designate one parent as the custodian for purposes of other state and federal 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.

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.

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.

Each parent is given equal access to education and medical records of a child unless the court orders otherwise.

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 a case is noted for trial or 180 days after commencement of the action, whichever is earlier, or such later time as is agreed to by the parties.  The proposed parenting plan must include a statement that the parenting plan is proposed in good faith.

A written or electronic record must be made of any agreement or decision reached as a result of counseling, mediation or 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 must designate a custodian for purposes of other state or federal statutes.  The custodian for these purposes is 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 rule also applies in paternity actions and domestic violence cases.

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

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.

For actions begun before the Parenting Act, access to a child's education and medical records by a non-custodial parent is only as provided by court decree or order.

Explicit direction is given for the use of parenting plans in marital separation agreements.

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

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

SUMMARY OF PROPOSED SENATE AMENDMENTS:

A technical correction is made.  The court may order support based upon the support schedule.  Existing language dealing with medical and educational records is retained.

A proposed parenting plan must contain a verified statement of good faith.  The procedure for adjusting a permanent parenting plan without a substantial change of circumstances is deleted.  Nonparental custody is determined in accordance with the best interests of the child.

The Judicial Council shall study the Parenting Act and report to the Legislature before January 1, 1992.  A sunset provision is included which terminates the Parenting Act of 1987 on June 30, 1992.  The relevant sections of the statute are repealed on June 30, 1993.

Senate Committee - Testified: Representative Appelwick (pro); Mary Wechsler, WSBA (pro)