AN ACT Relating to modifying parenting plans; reenacting and amending RCW 26.09.260; and adding a new section to chapter 26.09 RCW.

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

Sec. 1. Section 26, chapter 157, Laws of 1973 1st ex. sess. as last amended by section 3, chapter 318, Laws of 1989 and by section 14, chapter 375, Laws of 1989 and RCW 26.09.260 are each reenacted and amended to read as follows:

(1) Except as otherwise provided in subsection (4) of this section, the court shall not modify a prior custody decree or a parenting plan unless it finds, upon 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 nonmoving party and that the modification is in the best interest of the child and is necessary to serve the best interests of the child.

(2) 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;

(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; or

(d) The court has found the nonmoving parent in contempt of court at least twice within three years because the parent failed to comply with the residential time provisions in the court-ordered parenting plan, or the parent has been convicted of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070.

((~~(2)~~)) (3) A conviction of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070 shall constitute a substantial change of circumstances for the purposes of this section.

((~~(3)~~)) (4) The court may order adjustments to a parenting plan upon a showing of a substantial change in circumstances of either parent or of the child, and without consideration of the factors set forth in subsection (2) of this section, if the proposed modification is only a:

(a) Modification in the dispute resolution process; or

(b) Minor modification in the residential schedule that:

(i) Does not change the residence the child is scheduled to reside in the majority of the time; and

(ii) Does not exceed twenty-four full days in a calendar year or five full days in a calendar month; or

(iii) Change in the parenting plan based on a change of residence or an involuntary change in work schedule by a parent which makes the residential schedule in the parenting plan impractical to follow.

(5) 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.

NEW SECTION. Sec. 2. A new section is added to chapter 26.09 RCW to read as follows:

(1) A parent shall provide written notice to his or her child's other parent prior to relocating his or her residence outside of the state or more than one hundred geographical miles from the residence of a child's other parent. The parent must file a copy of the notice with the court. The notice must:

(a) Be served on the parent receiving notice by personal service or be sent to the parent receiving notice by any form of mail requiring a return receipt;

(b) Indicate that the parent intends to change the location of his or her residence;

(d) State the location of the parent's new residence; and

(e) State that the parent receiving notice has the right to a hearing to modify the parenting plan if he or she petitions the court within thirty days after the later of:

(i) Service; or

(ii) Filing of the notice with the court.

(2) If a parent is unable to locate the child's other parent, the court may allow relocation without notice to the child's other parent if:

(a) Due diligence is shown in attempting to notify the child's other parent; and

(b) The parent has filed an affidavit with the court certifying that the parent and the child have had no contact with the child's other parent within the previous ninety days.

(3) Unless a parent obtains a court order finding that an emergency exists which requires his or her relocation prior to the modification hearing, a parent shall not change his or her residence nor shall the child leave the jurisdiction of the court until the later of:

(a) Thirty days after filing of the notice; or

(b) Entry of a modification order pursuant to the filing of a petition by the child's other parent.

(4) Relocation of a parent as contemplated by this section shall constitute a substantial change in the circumstances of the child or the nonmoving party for purposes of a modification of the parenting plan under RCW 26.09.260.