Revised Code of Washington - RCW Title 26 Domestic Relations - Chapter 26.09 Dissolution Proceedings -- Legal Separation

26.09.002 Policy
Parents have the responsibility to make decisions and perform other parental functions necessary for the care and growth of their minor children. In any proceeding ...

26.09.003 Policy -- Intent -- Findings
The legislature reaffirms the intent of the current law as expressed in RCW 26.09.002. However, after review, the legislature finds that there are certain components ...

26.09.004 Definitions
The definitions in this section apply throughout this chapter. (1) "Temporary parenting plan" means a plan for parenting of the child pending final resolution of ...

26.09.006 Mandatory use of approved forms
(1) Effective January 1, 1992, a party shall not file any pleading with the clerk of the court in an action commenced under this chapter ...

26.09.010 Civil practice to govern -- Designation of proceedings -- Decrees
(1) Except as otherwise specifically provided herein, the practice in civil action shall govern all proceedings under this chapter, except that trial by jury is ...

26.09.013 Interpretive services -- Literacy assistance -- Guardian ad litem charges -- Telephone or interactive videoconference participation -- Residential time in cases involving domestic violence or child abuse -- Supervised visitation and safe exchange centers
In order to provide judicial officers with better information and to facilitate decision making which allows for the protection of children from physical, mental, or ...

26.09.015 Mediation proceedings
(1) In any proceeding under this chapter, the matter may be set for mediation of the contested issues before or concurrent with the setting of ...

26.09.016 Mediation in cases involving domestic violence or child abuse
Mediation is generally inappropriate in cases involving domestic violence and child abuse. In order to effectively identify cases where issues of domestic violence and child ...

26.09.020 Petition -- Dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning validity of marriage or domestic partnership -- Contents -- Parties -- Certificate
(1) A petition in a proceeding for dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning the validity of a marriage ...

26.09.030 Petition for dissolution of marriage or domestic partnership -- Court proceedings, findings -- Transfer to family court -- Legal separation in lieu of dissolution
When a party who (1) is a resident of this state, or (2) is a member of the armed forces and is stationed in this ...

26.09.040 Petition to have marriage or domestic partnership declared invalid or judicial determination of validity -- Procedure -- Findings -- Grounds -- Legitimacy of children
(1) While both parties to an alleged marriage or domestic partnership are living, and at least one party is resident in this state or a ...

26.09.050 Decrees -- Contents -- Restraining orders -- Enforcement -- Notice of termination or modification of restraining order
(1) In entering a decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity, the court shall determine the marital or ...

26.09.060 Temporary maintenance or child support -- Temporary restraining order -- Preliminary injunction -- Domestic violence or antiharassment protection order -- Notice of termination or modification of restraining order -- Support debts, notice
(1) In a proceeding for: (a) Dissolution of marriage or domestic partnership, legal separation, or a declaration of invalidity; or (b) Disposition of property or ...

26.09.070 Separation contracts
(1) The parties to a marriage or a domestic partnership, in order to promote the amicable settlement of disputes attendant upon their separation or upon ...

26.09.080 Disposition of property and liabilities -- Factors
In a proceeding for dissolution of the marriage or domestic partnership, legal separation, declaration of invalidity, or in a proceeding for disposition of property following ...

26.09.090 Maintenance orders for either spouse or either domestic partner -- Factors
(1) In a proceeding for dissolution of marriage or domestic partnership, legal separation, declaration of invalidity, or in a proceeding for maintenance following dissolution of ...

26.09.100 Child support -- Apportionment of expense -- Periodic adjustments or modifications
(1) In a proceeding for dissolution of marriage or domestic partnership, legal separation, declaration of invalidity, maintenance, or child support, after considering all relevant factors ...

26.09.105 Child support -- Health insurance coverage -- Conditions
(1) In entering or modifying a support order under this chapter, the court shall require either or both parents to maintain or provide health insurance ...

26.09.110 Minor or dependent child -- Court appointed attorney to represent -- Payment of costs, fees, and disbursements
The court may appoint an attorney to represent the interests of a minor or dependent child with respect to provision for the parenting plan in ...

26.09.120 Support or maintenance payments -- To whom paid
(1) The court shall order support payments, including maintenance if child support is ordered, to be made to the Washington state support registry, or the ...

26.09.135 Order or decree for child support -- Compliance with RCW 26.23.050
Every court order or decree establishing a child support obligation shall be entered in compliance with the provisions of RCW 26.23.050.[1987 c 435 § 16; ...

26.09.138 Mandatory assignment of public retirement benefits -- Remedies exclusive
(1) Any obligee of a court order or decree establishing a spousal maintenance obligation may seek a mandatory benefits assignment order under chapter 41.50 RCW ...

26.09.140 Payment of costs, attorney's fees, etc
The court from time to time after considering the financial resources of both parties may order a party to pay a reasonable amount for the ...

26.09.150 Decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity -- Finality -- Appeal -- Conversion of decree of legal separation to decree of dissolution -- Name of party
(1) A decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity is final when entered, subject to the right of ...

26.09.160 Failure to comply with decree or temporary injunction -- Obligation to make support or maintenance payments or permit contact with children not suspended -- Penalties
(1) The performance of parental functions and the duty to provide child support are distinct responsibilities in the care of a child. If a party ...

26.09.165 Court orders -- Required language
All court orders containing parenting plan provisions or orders of contempt, entered pursuant to RCW 26.09.160, shall include the following language:

WARNING: VIOLATION OF THE ...

26.09.170 Modification of decree for maintenance or support, property disposition -- Termination of maintenance obligation and child support -- Grounds
(1) Except as otherwise provided in subsection (7) of RCW 26.09.070, the provisions of any decree respecting maintenance or support may be modified: (a) Only ...

26.09.173 Modification of child support order -- Child support order summary report
The party seeking the establishment or modification of a child support order shall file with the clerk of the court the child support order summary ...

26.09.175 Modification of order of child support
(1) A proceeding for the modification of an order of child support shall commence with the filing of a petition and worksheets. The petition shall ...

26.09.181 Procedure for determining permanent parenting plan
(1) SUBMISSION OF PROPOSED PLANS. (a) In any proceeding under this chapter, except a modification, each party shall file and serve a proposed permanent parenting ...

26.09.182 Permanent parenting plan -- Determination of relevant information
Before entering a permanent parenting plan, the court shall determine the existence of any information and proceedings relevant to the placement of the child that ...

26.09.184 Permanent parenting plan
(1) OBJECTIVES. The objectives of the permanent parenting plan are to: (a) Provide for the child's physical care; (b) Maintain the child's emotional stability; (c) ...

26.09.187 Criteria for establishing permanent parenting plan
(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 Restrictions in temporary or permanent parenting plans
(1) The permanent parenting plan shall not require mutual decision-making or designation of a dispute resolution process other than court action if it is found ...

26.09.194 Proposed temporary parenting plan -- Temporary order -- Amendment -- Vacation of order
(1) A parent seeking a temporary order relating to parenting shall file and serve a proposed temporary parenting plan by motion. The other parent, if ...

26.09.197 Issuance of temporary parenting plan -- Criteria
After considering the affidavit required by RCW 26.09.194(1) and other relevant evidence presented, the court shall make a temporary parenting plan that is in the ...

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 ...

26.09.220 Parenting arrangements -- Investigation and report--Appointment of guardian ad litem
(1) The court may order an investigation and report concerning parenting arrangements for the child, or may appoint a guardian ad litem pursuant to RCW ...

26.09.225 Access to child's education and health care records
(1) Each parent shall have full and equal access to the education and health care records of the child absent a court order to the ...

26.09.231 Residential time summary report
The parties to dissolution matters shall file with the clerk of the court the residential time summary report. The summary report shall be on the ...

26.09.240 Visitation rights -- Person other than parent -- Grandparents' visitation rights
(1) A person other than a parent may petition the court for visitation with a child at any time or may intervene in a pending ...

26.09.255 Remedies when a child is taken, enticed, or concealed
(1) A relative may bring civil action against any other relative if, with intent to deny access to a child by that relative of the ...

26.09.260 Modification of parenting plan or custody decree
(1) Except as otherwise provided in subsections (4), (5), (6), (8), and (10) of this section, the court shall not modify a prior custody decree ...

26.09.270 Child custody -- Temporary custody order, temporary parenting plan, or modification of custody decree -- Affidavits required
A party seeking a temporary custody order or a temporary parenting plan or modification of a custody decree or parenting plan shall submit together with ...

26.09.280 Parenting plan or child support modification or enforcement -- Venue
Every action or proceeding to change, modify, or enforce any final order, judgment, or decree entered in any dissolution or legal separation or declaration concerning ...

26.09.285 Designation of custody for the purpose of other state and federal statutes
Solely for the purposes of all other state and federal statutes which require a designation or determination of custody, a parenting plan shall designate the ...

26.09.290 Final decree of dissolution nunc pro tunc
Whenever either of the parties in an action for dissolution of marriage or domestic partnership is, under the law, entitled to a final judgment, but ...

26.09.300 Restraining orders -- Notice -- Refusal to comply -- Arrest -- Penalty -- Defense -- Peace officers, immunity
(1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions ...

26.09.310 Provision of health care to minor -- Immunity of health care provider
No health care provider or facility, or their agent, shall be liable for damages in any civil action brought by a parent or guardian based ...

26.09.405 Applicability
(1) The provisions of RCW 26.09.405 through 26.09.560 and the chapter 21, Laws of 2000 amendments to RCW 26.09.260, 26.10.190, and 26.26.160 apply to a ...

26.09.410 Definitions
The definitions in this section apply throughout RCW 26.09.405 through 26.09.560 and 26.09.260 unless the context clearly requires otherwise. (1) "Court order" means a temporary ...

26.09.420 Grant of authority
When entering or modifying a court order, the court has the authority to allow or not allow a person to relocate the child.[2000 c 21 ...

26.09.430 Notice requirement
Except as provided in RCW 26.09.460, a person with whom the child resides a majority of the time shall notify every other person entitled to ...

26.09.440 Notice -- Contents and delivery
(1) Except as provided in RCW 26.09.450 and 26.09.460, the notice of an intended relocation of the child must be given by: (a) Personal service ...

26.09.450 Notice -- Relocation within the same school district
(1) When the intended relocation of the child is within the school district in which the child currently resides the majority of the time, the ...

26.09.460 Limitation of notices
(1) If a person intending to relocate the child is entering a domestic violence shelter due to the danger imposed by another person, notice may ...

26.09.470 Failure to give notice
(1) The failure to provide the required notice is grounds for sanctions, including contempt if applicable. (2) In determining whether a person has failed to ...

26.09.480 Objection to relocation or proposed revised residential schedule
(1) A party objecting to the intended relocation of the child or the relocating parent's proposed revised residential schedule shall do so by filing the ...

26.09.490 Required provision in residential orders
Unless waived by court order, after June 8, 2000, every court order shall include a clear restatement of the provisions in RCW 26.09.430 through 26.09.480.[2000 ...

26.09.500 Failure to object
(1) Except for good cause shown, if a person entitled to object to the relocation of the child does not file an objection with the ...

26.09.510 Temporary orders
(1) The court may grant a temporary order restraining relocation of the child, or ordering return of the child if the child's relocation has occurred, ...

26.09.520 Basis for determination
The person proposing to relocate with the child shall provide his or her reasons for the intended relocation. There is a rebuttable presumption that the ...

26.09.530 Factor not to be considered
In determining whether to permit or restrain the relocation of the child, the court may not admit evidence on the issue of whether the person ...

26.09.540 Objections by nonparents
A court may not restrict the right of a parent to relocate the child when the sole objection to the relocation is from a third ...

26.09.550 Sanctions
The court may sanction a party if it finds that a proposal to relocate the child or an objection to an intended relocation or proposed ...

26.09.560 Priority for hearing
A hearing involving relocations or intended relocations of children shall be accorded priority on the court's motion calendar and trial docket.[2000 c 21 § 18.]Notes: ...

26.09.900 Construction -- Pending divorce actions
Notwithstanding the repeals of prior laws enumerated in section 30, chapter 157, Laws of 1973 1st ex. sess., actions for divorce which were properly and ...

26.09.901 Conversion of pending action to dissolution proceeding
Any divorce action which was filed prior to July 15, 1973 and for which a final decree has not been entered on February 11, 1974, ...

26.09.902 RCW 26.09.900 and 26.09.901 deemed in effect on July 16, 1973
The provisions of RCW 26.09.900 and 26.09.901 are remedial and procedural and shall be construed to have been in effect as of July 16, 1973.[1974 ...

26.09.907 Construction -- Pending actions as of January 1, 1988
Notwithstanding the repeals of prior laws, actions which were properly and validly pending in the superior courts of this state as of January 1, 1988, ...

26.09.909 Decrees entered into prior to January 1, 1988
(1) Decrees under this chapter involving child custody, visitation, or child support entered in actions commenced prior to January 1, 1988, shall be deemed to ...

26.09.910 Short title -- 1987 c 460
This act shall be known as the parenting act of 1987.[1987 c 460 § 57.] ...

26.09.911 Section captions -- 1987 c 460
Section captions as used in this act do not constitute any part of the law.[1987 c 460 § 58.] ...

26.09.912 Effective date -- 1987 c 460
This act shall take effect on January 1, 1988.[1987 c 460 § 59.] ...

26.09.913 Severability -- 1987 c 460
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of this act or the application ...

26.09.914 Severability -- 1989 c 375
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...