April 27th Notes

Family Law
April 27, 2010

-make up class next week
    -keep checking the page
-now till the end of the quarter

Parenting Plan
-filed with petition for dissolution
-but under separate petition

Who submits a parenting plan?
RCW 26.09.181
either or both
failure to submit by one causes court to adopt the one submitted

What must a parenting plan contain?
RCW 26.09.184
-residential plan for children
-allocate decision making authority
-dispute resolution process
not just court
in good faith
-do not use children

What else can it contain?
-designation of the placement parent
-anything else important to the parents

What specific language must the permanent plan include?
RCW 26.09.165
 warning violation of the residential provisions of this order with actual knowledge of its terms is punishable by contempt of court and may be a criminal offense under RCW 9A.40.0060(2) or 9A.40.070(2) violation of this order may subject violator to arrest

What are the objectives of a parenting plan?
RCW 26.09.184(1)
physical care
emotional care
changing needs
authority and responsibility of each parent
minimize harmful exposure
encourage parents to meet obligation without court intervention
Best Interest of the children

Proposed plan submission
-before earliest date of
--30 days after notice for trial filed and served
--180 days after commencement of action, can be extended by stipulation

Default party filing prooposed plan in compliance with RCW 26.09.181
can be amended

Parenting Plan
working document
    -to follow for the future
    -easy to read and understand
-draft with care

Forms
mandatory forms
www.courts.wa.gov/forms

Issues
encourage continued involvement by both parents if possible
fostering parent-child relationships
best interest of child
frequent alternation of child residence for brief periods despite providing equal time is disfavored

-no mutual decision making or limitation on residential time with child if parent:
    -willfully abandoning child for extended period of time
    -refused to perform as a parent
    -physically, sexually, emotional abused as a child
    -engaged in domestic violence
    -convicted as a an adult or sexual offenses or resides with another adult that is a sex offender

issues
-court has broad discretion to limit any plan provisions

if needed court may appoint guardian ad litem or plan evaluator
-CASA Court Appointed Special Advocate
    -not paid

UCCJEA
-RCW 26.27
-no forum shopping

residential provisions factors
-best interst of child control

Practicalities
-provisions should not conflict

Tips
-look at guidelines of court
-mid week contacts should be clear as day, time, frequency
-alteration of holidays
-weekends specify pick up and drop off times
-summer vacations

Think about Including
-access to medical/dental records
-extracurricular activities
-participation with schooling and activities
-report cards, pictures
-telephone calls

Decision Making Authority

Remedy for violation of plan
-move for finding contempt

Changing the Plan
-can be modified
-can be self-modifying

Child Support
-RCW 26.09.100(1)
-either or both parents
-mandatory forms must be used

-Washington child support handbook by Halley Hupp

www.courts.wa.gov/ssgen/default.aspx

Can be modified later
-usually significant change
    -job changes
    -RCW 26.09.100(2)

no mercy about garnishing wages

Can a child support order be self-modifying?
RCW 26.09.100(3)

required forms

child support worksheet
-base

Completing the Forms
-GR 22 & 31

-Parental Income Determination
    -must submit
    -financial information with sealed cover sheet

Sources not considered
-income of new spouse
-other adults in the house
-gifts, prizes
-public assistance

complete project 4