Shared Parenting and Relocation

In Washington State, when a parent wishes to relocate with children, the residential schedule designated in the Parenting Plan may have significant legal consequences for the impending move.  Do the parties have a traditional every other weekend schedule, where one parent is clearly the primary residential parent?  Or do the parties have a joint custody type of arrangement, often termed as a shared parenting plan or 50/50 residential time?  The type of Parenting Plan involved may influence whether a parent decides to pursue a move with the children or whether an agreement outside of Court can be had. 

For parents with an every other weekend schedule or something similar (i.e., there is a clearly defined primary residential parent), the burden will be on the non-moving parent to block the move.  When the primary residential parent under a PareNotice, once an Objection is made by the non-moving parent, a contested hearing will need to be held by the Court.  At the hearing, the moving parent has a significant, often insurmountable built-in advantage, over the non-moving parent.  This is called a "rebuttable presumption" that the move should be allowed.  To overcome the presumption, the objecting parent must demonstrate that detrimental effect of the relocation outweighs the benefit to the child and relocating parent through an assessment of 11 statutory factors under the CRA.  As a result, a tremendous, difficult burden is placed upon the non-moving parent to prove the harmful effects of the relocation, and as such, many primary residential parents are allowed to move with children, often to the heartbreak of an objecting, non-moving parent.

nting Plan wishes to move outside of the children’s school district, Notice is required which triggers application of Washington's Child Relocation Act (CRA). The CRA provides a detailed process for parents intended to move with children.  After

By contrast, for parents that have a substantially shared parenting plan or 50/50 residential time, the burden will be on the moving parent to obtain permission for the move.  In 2017, Division Two of the Washington Court of Appeals determined the CRA does not apply when the children’s residential time is designated equal or substantially equal in the Parenting Plan, and when the intended relocation would result in a change in this designation.  Since the CRA has been found NOT to apply in these circumstances, the moving parent must file a Petition for a Parenting Plan Modification in order to relocate with the children.  In doing so, the moving parent must establish, based upon a substantial change in circumstances, that "adequate cause" for the modification exists.  If the moving parent cannot establish "adequate cause", the petition will fail.  This is a high burden to prove, and may limit or otherwise influence a parent's decision about a prospective move with children.

For any parent who is considering Relocation, Objection to such a move, or a Parenting Plan Modification action, understanding the appropriate legal approach is essential.  Finding an experienced attorney who understands Relocation and Modification cases may be beneficial.

Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of Relocation and Parenting Plan litigation and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to discuss about your situation.

Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.

BREAKING NEWS!!! Grandparents (and Relatives) Now Have Rights

On Thursday, March 22, 2018, Washington State Governor Jay Inslee signed Senate Bill 5598 into law which gives relatives the right to petition a Court for visitation.  Under the new law, a non-parent relative may request Court-ordered visitation with a child if:

• The relative and child have an ongoing and substantial relationship; and
• Denying visitation risks harm to the child.

Relatives include persons related to the child by blood, legal adoption, step and half-siblings and spouses and relatives.  Relatives also include extended family members recognized by a Native American child's tribal law and customs. 

Under the new law, the Court filing shall be in the county of the child's primary residence.  The relative's initial filing must include an affidavit establishing the relationship and facts to support the claim of likely harm to the child if the Court denied the visitation.  Once the relative gets past the "threshold" with their initial filing, the new law requires that Court shall hold a full hearing. 

At the hearing, the Court must grant visitation if the relative proves both likely harm to the child without visitation, and visitation is in the child's best interest.  There are several considerations for the Court, such as:

• Weigh a presumption that a fit parent's decision to deny visitation is in the child's best interests;
• Evaluate the reasons the parent opposes visitation with the non-parent relative;
• Assess a non-exclusive list of best interests factors including (1) love, affection, and strength of the relative's relationship with the child; (2) how the relationship benefits the child; (3) good faith of the parties; (4) physical, emotional, or mental abuse by the relative or anyone residing with the relative; and (5) the child's preference if the Court finds the child old enough to express a preference. 

There are many other nuances of the new law, such as assessment of fees upon the non-parent relative if the request is filed in bad faith or without reasonable basis. 

Prior to the enactment of this new law, loving grandparents and other relatives could not petition the Court for visitation rights.  Their only option was to seek custody, not visitation, through a Non Parental Custody action, or have nothing at all.  The new law is a complete game-changer for families where a beneficially involved relative has been harmfully shut out of a child's life.

Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients protect the best interests of children and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your situation.

Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.

How to Obtain a Domestic Violence Order of Protection

Overview of Domestic Violence

Definition:

The law defines “Domestic Violence” as physical harm, bodily injury, assault, stalking, or the infliction of fear of imminent physical harm, bodily injury or assault.

To be considered for an ordered protection from domestic violence, the abuse must be between family, household members, or persons in dating relationships.

In Washington State, this includes:

• Spouses
• Former spouses
• Persons who have a child in common
• Adult persons related by blood or marriage
• Adult persons who reside together now or have resided together
• Persons 16 years of age or older who are residing together now or have resided together in the past and who have or had a dating relationship
• Persons 16 years of age or older who have or had a dating relationship
• Persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren

What is a Domestic Violence Order of Protection

A protection order does a couple things for you, such as:

• Ordering the individual not to threaten or hurt you
• Ordering the individual not to enter your residence
• It can give one parent temporary custody of children
• Set a specific schedule for visitation with minor children
• Ordering the individual to leave the shared residence
• Ordering the individual to attend counseling
• Ordering the individual has to surrender weapons
• Prohibiting surveillance and cyber stalking

A Domestic Order of Protection cannot:

• Order Child Support
• Order Spousal Maintenance
• Establish permanent child custody
• Make a final disposition of property and debts

How to Obtain a Protection Order

Below is a brief overview of the process of obtaining a protection order. The process can be overwhelming and confusing, and often consulting with an experienced attorney may be helpful.  

How Do I Obtain a DVPO?

A DVPO can be obtained in either the District or Superior Court. Both courts have domestic violence advocates and are available to assist in obtaining both temporary and full orders for protection.

Washington has mandatory forms that must be used to obtain either a temporary or a full DVPO. These forms are available online at https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=16 .

To obtain a DVPO the following forms need to be completed:

• Petition for Order for Protection: In this form, you must provide the court with information about the identity of the parties, nature of the relationship, and the types of protection you seek to have. You must also describe the specific acts of domestic violence committed by the respondent.
• Child Custody Information Sheet: If you have a child with the respondent and are asking the court to grant you temporary custody of the child, you must complete the child custody information sheet.
• Law Enforcement Information Sheet: This form will be forwarded to law enforcement for entry into their database. This will permit the sheriff and police to enforce DVPOs and arrest respondent who violate them. It also assists law enforcement agencies with serving the DVPO on the respondent.
• Confidential Information Form: This form is required so that the court can input your case into the court's database. It requires you to disclose identifying information about yourself, your children (if any), and the opposing party.
• Proposed Temporary and Full Orders for Protection: You must submit a proposed temporary and full order for protection to the court. This order must set forth all the specific protection that you want the court to impose.

What If I Am in Immediate Danger?

If you need immediate protection from abuse, you may obtain a temporary DVPO from the Superior Court's Ex Parte Department, or the District Court's Domestic Violence Court. A temporary DVPO may be obtained without providing any notice to the respondent.

What Happens Next?

If you obtain a temporary DVPO, the court will set a hearing on a full order, often about 14 days after the temporary order is issued and served. At the hearing after the considering evidence from both sides, the court will determine whether a full order should be entered. Full orders are commonly issued for one year and can be re-issued each year if there is still a risk of domestic violence to the victim.

After the temporary DVPO has been issued, you will need to obtain certified copies of the DVPO that you should keep with you at all times, as well as provide a copy to your employer, your child's day care or school administrative office, and any other person or agency that should be aware of the order.

You must also arrange for the order to be served on the respondent. Local law enforcement can often assist with service of the order.

Domestic violence is a very serious family problem and has wide-ranging implications on other family law matters such as a divorce or child custody. An experienced attorney can advise you not only on your options for protection from further domestic violence, but also on your options for legally ending your relationship with the abuser. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your divorce.

 Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.  

Co-Parenting and Extracurricular Activities

Kids these days are more active than ever before.  Between increased school workloads, various after school clubs, extracurricular activities and sports, it’s astounding how busy (and often cluttered) children's lives have become.   While all of these activities may look good on a college application or a job resume as the children get older, the fact is extracurriculars and sports are vital to providing children of any age some sense of normalcy as their parents go through a relationship breakup.  These activities provide the children with opportunities to exercise, socialize with their peers, develop skills for themselves, and just to have plain old fun, away from any parental stresses. 

As a parent going through a relationship break up, it is important to support the children in their pursuits, however this often becomes a point of disagreement as parents go through the family law process.  For example, while in the midst of a divorce (or any relationship break up), one parent may not want a child to play a particular sport or engage in an extracurricular activity due to cost, loss of residential time, or for a variety of other reasons.  Spelling out the particulars for children's participation in these activities can be successfully accomplished  through effectively worded provisions of a Parenting Plan and Child Support Order.

Common Parenting Plan Considerations

• Is the child's participation in a sport/activity something that is a "joint" decision that both parents decide upon, or can one parent simply sign the child up?
• Has the child traditionally participated in this sport/activity, or have any desire to do so?
• What are the consequences if practice, meetings or games occur on a parent's residential time? 

Common Child Support Considerations

• How will the sport/activity be paid for: proportionally based upon parent's income, equally, or just by one parent? 
• What if there are private training, travel , equipment, club fees, etc. beyond simply participating in the sport/activity, how are those costs allocated?

Providing your children with an outlet from your relationship breakup with the other parent is paramount to their adaptation and development during a very stressful time.  However, as parents the child's participation should not be a point of disagreement with the other parent, a loss of residential time, nor break the bank.  Discussing these concerns with an experienced family law attorney to establish provisions specific to your needs and the needs of your children is essential. 

Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients with Committed Intimate Relationships and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your situation.

Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship. 

Successful Co-Parenting

Relationship breakups, whether it be divorce, separation or committed intimate relationships, is confusing and stressful for all families, but particularly so for the families with children. It is often difficult for newly separated parents to determine what kind of long-term parenting arrangement will be best for the children once each parent has established their own household.

In family law cases involving children, the court's primary concern is with the best interests of the children. This should be your primary concern as well. Here are some tips that will help you and your former partner co-parent your children as you navigate the process of establishing separate households.

Minimize chaos and establish a routine

Recognize that children are used to their routine and environment, try your best to maintain the routine as you all adjust to living in two households. Establish a "new normal" that reflects the old normal as much as possible.

Every family is different and there is no perfect formula for determining the right visitation schedule for a given family. An experienced family law attorney can help you develop a fair, balanced plan that is both tailored to your kids' needs and legally realistic.

Be consistent

Whether you have an informal or court-ordered schedule for time with your children, be sure to take that time on a consistent basis. If you absolutely must miss an opportunity to spend time with your children, be sure to contact the other parent right away and establish a time to make up for the missed visit.

Parental consistency and stability for children are also critical concerns for family law judges and commissioners when making custody decisions. Failure to follow your schedule for visitation could be harmful to your case and is certainly not good for your children.

Shield your children from conflict

It's also important that both you and the other parent make every effort to shield your children from legal proceedings, and from parental conflict.

In general, without casting blame, stick with age appropriate explanations of why one parent is no longer living at home. It’s very important to soothe a child's fears and confusion about the changes in his or her life, but your kids don't need to know the details of their parents' adult relationship.

Absolutely avoid getting into an argument with the other parent in the presence of your children. Address any grievances you may have with the other parent directly, privately, and as calmly as possible.

A formal parenting plan with specific provisions governing exchanges of your children can help you minimize face-to-face contact if you and your spouse are simply unable to interact without hostility.

Counseling is also a beneficial way to help the children and the whole family get through this difficult time.

Communicate (cautiously) in writing

Email and text messages are convenient ways to communicate with your spouse about your goals, concerns, and upcoming plans for your kids. There are several easy to use Co-parenting apps that can help parents establish a written record and reduce hostility, confusion and miscommunication.

But, most importantly - think before you click "send." Don't write or publish anything that you would not want a judge to hear. This also applies to social media sites such as Facebook, Twitter and Instagram. Composing a long rant about your spouse's many flaws as a partner and parent might make you feel a little better in the short term, but your words are counterproductive to co-parenting.

If you’re unsure about how to best communicate with your spouse, the advice of an experienced family law attorney can provide you with a strategy for communicating with your spouse in a productive and effective manner.

Keep your focus on your kids

If the end of your relationship has been tough on you, just imagine how difficult it is for your kids. They're worried about you and they're worried about what is going to happen to them.

Check in with your kids to see how they're feeling. Talk to their teachers, coaches, and counselors, and work with them to make sure your kids aren't falling behind in school and other important activities. Try to be 100% engaged during your one-on-one time, even if you are feeling resentful or upset about the end of your relationship.

The benefits of continuing to be an involved parent no matter your relationship status, are intangible and invaluable to your children. Staying focused on your kids' needs not only strengthens your legal position, it also helps your children feel secure in an uncertain time.

Family Law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of family law litigation and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your situation.

Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relations

Use of Social Media in Family Law

June 23, 2017 - Bains Law Firm

Facebook, Instagram, Snapchat, Twitter, LinkedIn, Pinterest, Tumbler, Youtube, etc.:  These are just a handful of Social Media platforms from which communications can be, and often are, used in Court as evidence. In our increasingly digital age, it is quite common for Social Media communications to be used in Family Law cases, especially those that involve Protection Orders or Parenting issues.

Individuals who use Social Media freely post pictures, videos, comments, or status updates, often without considering the risks and dangers of current or future litigation. Even when a post is deleted from an account, it may be accessible somewhere else. Caution should be taken with every Social Media post or communication, even if it is believed to be private. Being aware of the audience is important because even a “blocked” person can access a post through a third party.  Or a person could be unknowingly "tagged" in an embarrassing photo which is used against them at a later time.  Even something such as a dating profile from Match.com, Tinder, eHarmony, etc., can be used as evidence in Court.

The point needs to be stressed:  A person does not need to be online "friends" with another person for a damaging Social Media post to end up in the Court record.

Generally, Social Media evidence is often admitted in Court unless it has been acquired by fraud or some other impermissible means, such as someone hacking into an account.  As a result, being mindful of what to put online and what not to post, is very important for individuals engaged in Family Law litigation.
A general rule of thumb is to act as if every post may become public and presented to the Court. Only use language and information that is presentable to a judge. Avoiding posting on Social Media at a time of extreme emotional upset, frustration or anger is generally prudent.

Deleting Social Media accounts is not necessary, but being attentive to what is posted is vital, especially when involved in ongoing litigation. Recently, the use of Social Media as evidence in Court has increased substantially.  According to a national survey of family law attorneys:

81% have seen increased use of evidence from social networking websites.
66% of the evidence used was found on Facebook.

And it's not just postings on Social Media.  That same national survey also found that 92% of attorneys had an increase in cases using evidence taken from smart phones in the past few years.  So if a person is in the middle of litigation, they should be careful as to every text, email or other communication that is sent to the opposing party.

Social Media posts, photos or other messages can be used for a variety of reasons in Court, such as to contradict statements made in Court or pre-trial disclosures. For example:



If a party claims not to have a substance abuse problem, but they have numerous postings of partying, bar hopping or worse.
Example: “Enjoying Happy Hour cause it’s Wednesday!”






Avoid statements or photos that may be intended for other reasons but also might demonstrate inappropriate parenting.
Example: "Family Vacation to the Beach", yet the driver is distracted and seatbelt is around the child's neck.

A claim of financial need can be easily undermined with photos of frivolous spending Example: "Love my New Boat!"







In Family Law cases, the above examples are merely a few of the countless ways that Social Media posts can be used to damage a party's legal position.

Family Law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of family law litigation and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your situation.



Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relations

Violations of Court Orders: Enforcement, Contempt, and Punitive Sanctions.

May 19, 2017 – Bains Law Firm

In Family Law, often a party does not comply with the Court's Order.  When that happens, what can be done?  In Washington there are a variety of legal remedies to compel enforcement, impose contempt, or otherwise punish a party for violations of a valid Court Order.

Contempt of Court for Child Support and Parenting Plan Violations:

Contempt is a serious remedy that is often used in the context of violations of a ChildSupport Order or a Parenting Plan.  Bringing a contempt motion should be carefully considered.  When a parent fails to pay child support (usually a repeat violation), pursuing contempt might be appropriate.  For parenting plans, when a parent withholds the child,  refuses to allow visitation, does not allow access to the child, or violates any number of provisions in the plan, contempt may be appropriate.  Since contempt is a serious matter, it is often prudent to send a noncompliance letter (or some other form of notice), prior to seeking contempt sanctions.  This will provide the offending party an opportunity to cure or otherwise resolve the situation short of court action. 

RCW 7.21.010

(1)  "Contempt of court" means intentional:

(a) Disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to impair its authority, or to interrupt the due course of a trial or other judicial proceedings;

(b) Disobedience of any lawful judgment, decree, order, or process of the court;

(c) Refusal as a witness to appear, be sworn, or, without lawful authority, to answer a question

Child Support: 

·         Consequences of Child Support not being paid:

o    If a parent is found in contempt, in addition to paying upon the support that is owed, the parent may liable for monetary sanctions (including, but not limited to costs and attorney fees), liens assessed against property/accounts or even seized, wages garnished, licenses suspended, and even, in the most extreme situations, the parent is sent to jail.

Parenting Plan: 

·         Consequences of Parenting Plan being violated:

o    If a parent is found in contempt, remedies can include make up visitation, monetary sanctions (including, but not limited to costs and attorney fees), and again, in the most extreme cases, even jail time.  Furthermore, if a parent has been found to be in contempt for violating residential provisions twice in a 3 year time period, the parenting plan may be modified. 

Restraining Order: This is a civil order, generally filed in the context of an existing family law case, such as a pending dissolution or child custody case. This type of order is different from a Domestic Violence Protection Order since it may deal with property, parenting plan, spousal or child support, as well as domestic violence issues.  

·         Consequences of Violation of Order:

o    Contempt and/or monetary sanctions, including, but not limited to costs and attorney fees, amendment of the order violated to include harsher restrictions or restraints, and even possible criminal charges. 

Domestic ViolenceProtection Order: This is a civil order from the Court issued at the request of a person claiming to be the victim of domestic violence.

·         Consequences of Violation of Order:

o    Possible criminal charges or contempt.  If criminal charges are pursued, this may include Class C felony if there is an assault or reckless endangerment, otherwise a Gross Misdemeanor.

Sexual Assault Protection Order: This is a often a civil order from the Court (but can also be done in the context of a criminal action).

·         Consequences of Violation of Order:

o    Possible criminal charges or contempt.  If criminal charges are pursued, Class C felony if there is an assault or reckless endangerment, otherwise a Gross Misdemeanor.

Anti-Harassment Order: This is a civil order issued for a person claiming any type of harassment and when a person does not qualify for a Domestic Violence Protection Order. These orders are commonly filed in disputes that don’t involve a domestic relationship.

·         Consequences of Violation of Order:

o    Possible criminal charges or contempt.  If criminal charges are pursued, may likely involve a Gross Misdemeanor.

Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of enforcing violations of court order, and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com to talk about your case.

Disclaimer: All materials provided on this website have been prepared by Bains LawFirm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.

Washington State Family Law & Divorce: Non-Parental (Third Party) Custody; Grandparents Rights

April 15, 2017 - Bains Law Firm 

Non-parental custody actions are brought when third parties (people other than the actual parents)  seek custody of minor children where either both parents are unfit, or where the children have been voluntarily placed with a third party by the parents. 

Before a non-parental custody case can proceed, a party seeking nonparental custody is required to establish "adequate cause" for the petition.  This is often referred to as a "threshold requirement".  On January 19, 2017, the Washington State Supreme Court set forth that before a trial on the merits of a non-parental custody petition, a litigant must satisfy the threshold requirement of "adequate cause" by showing that the biological parent is either unfit or that placing the child in the parent's custody would result in actual detriment to the growth and development.  If the court finds that there is not adequate cause to proceed with the case, the case will be dismissed. If the court finds that there is adequate cause, temporary orders may be entered, a parenting investigation may occur and the case will proceed to trial if it is not resolved by way of settlement. 

A common misperception is that Washington State allows for grandparent's rights or third party visitation.  However, there is no right to grandparent or third party visitation as the law has been interpreted, and as such, grandparents or other third parties are given the option of seeking custody or nothing at all.

Non-parental custody cases are usually an emergent action for children in danger. Often in the case of grandparents, a difficult practical and emotional balance must be struck.  Grandparents  do not want to act as "parents" again, but feel that they have to step in to help their grandchildren.  If this is the situation, it is important to know that there is a statute that permits you to save your grandchildren.  Since there is no such thing as grandparent or third party visitation in Washington State, and the fact that there is an adequate cause/threshold requirement that must be met in order for the litigation to proceed forward, it is very important to prepare the case thoroughly before filing a petition for non-parental custody.   

Family law litigation, including non-parental custody actions, can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of non-parental custody actions and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your divorce.

Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.  

Washington State Family Law & Divorce: Parenting Plan--Who Speaks for the Child?

April 12, 2017 – Bains Law Firm

In contested family law cases with children, emotions can run high and allegations plentiful if child custody is an issue.  When both parents are seeking primary residential placement, or "custody" of the children, there is often no shortage of harmful and hurtful allegations.  Serving the best interests of the children becomes excruciatingly difficult for the Court to resolve when the parents are focused upon tearing each other down.  As such, when parenting abilities are an issue, the Court will often use a neutral third party to investigate the children's circumstances, make parenting recommendations, and sometimes even advocate on behalf of the child. Although the Court has the power to interview the children directly, such occurrences are quite rare.  Every county in Washington state follows their own procedures to assist the Court in determining the children's best interests in difficult contested parenting matters. 

For example, for parenting plan issues arising in King County, there are a variety of tools for a Court Commissioner or Judge to use to look into the children's actual circumstances.  The Court may appoint a Guardian ad Litem, private parenting evaluator, or even use lower cost options, such as Family Court Services or CASA (Court Appointed Special Advocates).  Any of these methods can provide the Court with very useful information regarding the children.

In Pierce County, the Court most often relies upon a Guardian ad Litem to be appointed from a court-approved registry.  When a Court Commissioner or Judge enters an Order authorizing the use of a Guardian ad Litem, three names will be generated from the registry.  Each parent will have the opportunity to strike one of the names, and the one name remaining will be appointed as the Guardian ad Litem.

The professional, whether it be a Guardian ad Litem, parenting evaluator, or other type of parenting investigator, will most often look at the Court filings, interview the parents, children and other relevant witnesses, as well as review other pertinent evidence to assist in generating a report and recommendations to serve the best interests of the children.  While the Court is not bound to follow any such recommendations, oftentimes the input of such a professional is very helpful to the Court's determination of custody and parenting issues. 

The statute below grants the Court its authority to interview the children and/or appoint a professional to look into the children's circumstances.

RCW 26.09.210

Parenting plans—Interview with child by court—Advice of professional personnel.

The court may interview the child in chambers to ascertain the child's wishes as to the child's residential schedule in a proceeding for dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be made and to be made part of the record in the case.

The court may seek the advice of professional personnel whether or not they are employed on a regular basis by the court. The advice given shall be in writing and shall be made available by the court to counsel upon request. Counsel may call for cross-examination any professional personnel consulted by the court.

Family law litigation, particularly contested child custody matters, can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have decades of experience helping our clients through the difficulty of family law cases, including contested parenting cases and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your case.

Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.