H-3978              _______________________________________________

                                                   HOUSE BILL NO. 2887

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Appelwick, P. King, May and Wood

Read first time 1/24/90 and referred to Committee on Judiciary.

AN ACT Relating to modifying parenting plans; and reenacting and amending RCW 26.09.260.

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 the permanent parenting plan without the consideration of the factors set forth in subsection (2) of this section and upon showing of a substantial change in circumstances of either parent or of the child, if the proposed modification is only a:

(a) Change in the dispute resolution process; or

(b) Minor change 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

(c) 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.