BILL REQ. #: H-1453.1
State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 02/16/2005. Referred to Committee on Juvenile Justice & Family Law.
AN ACT Relating to children testifying in dissolution proceedings; and amending RCW 26.09.187.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 26.09.187 and 1989 c 375 s 10 are each amended to read
as follows:
(1) DISPUTE RESOLUTION PROCESS. The court shall not order a
dispute resolution process, except court action, when it finds that any
limiting factor under RCW 26.09.191 applies, or when it finds that
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 RCW 26.09.184(4)(a), when it
finds that:
(i) The agreement is consistent with any limitations on a parent's
decision-making authority mandated by RCW 26.09.191; and
(ii) The agreement is knowing and voluntary.
(b) SOLE DECISION-MAKING AUTHORITY. The court shall order sole
decision-making to one parent when it finds that:
(i) A limitation on the other parent's decision-making authority is
mandated by RCW 26.09.191;
(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 RCW 26.09.191;
(ii) The history of participation of each parent in decision making
in each of the areas in RCW 26.09.184(4)(a);
(iii) Whether the parents have a demonstrated ability and desire to
cooperate with one another in decision making in each of the areas in
RCW 26.09.184(4)(a); 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 child's
residential schedule shall be consistent with RCW 26.09.191. Where the
limitations of RCW 26.09.191 are not dispositive of the child's
residential schedule, the court shall consider the following factors:
(i) The relative strength, nature, and stability of the child's
relationship with each parent, including whether a parent has taken
greater responsibility for performing parenting functions relating to
the daily needs of the child;
(ii) The agreements of the parties, provided they were entered into
knowingly and voluntarily;
(iii) Each parent's past and potential for future performance of
parenting functions;
(iv) The emotional needs and developmental level of the child;
(v) The child's relationship with siblings and with other
significant adults, as well as the child's involvement with his or her
physical surroundings, school, or other significant activities;
(vi) The wishes of the parents and the wishes of a child who is
sufficiently mature to express reasoned and independent preferences as
to his or her residential schedule; and
(vii) Each parent's employment schedule, and shall make
accommodations consistent with those schedules.
Factor (i) shall be given the greatest weight.
(b) If the child wishes to testify regarding his or her preferences
as to his or her residential schedule, the court shall allow the child
to testify unless the judge has good cause to believe that it would not
be in the best interests of the family to allow the child to do so.
(c) The court may order that a child frequently alternate his or
her residence between the households of the parents for brief and
substantially equal intervals of time only if the court finds the
following:
(i) No limitation exists under RCW 26.09.191;
(ii)(A) The parties have agreed to such provisions and the
agreement was knowingly and voluntarily entered into; or
(B) The parties have a satisfactory history of cooperation and
shared performance of parenting functions; the parties are available to
each other, especially in geographic proximity, to the extent necessary
to ensure their ability to share performance of the parenting
functions; and
(iii) The provisions are in the best interests of the child.