Title 26, DOMESTIC RELATIONS

(1) When a child support order contains language providing for abatement based on incapacitation of the person required to pay child support, there is a rebuttable presumption that an incapacitated person is unable to pay the child support obligation. The presumption may be rebut…

(1) When a child support order contains language regarding abatement to $50 per month per child based on incapacitation of the person required to pay support, and the department is notified that the person is currently undergoing court-ordered behavioral health treatment, the dep…

When a court or administrative order does not contain language regarding abatement based on incapacitation of the person required to pay support and the department receives notice that the person is currently undergoing court-ordered behavioral health treatment, the department mu…

(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 26.26B.090 apply to a court order regarding residential time or visitation with a child issued: (a) After June 8, 2000; and (b) Before June 8, 2000…

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 or permanent parenting plan, custody order, visitation order, or other order governing the residence o…

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 s 4.] Notes: Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405.

Except as provided in RCW 26.09.460, a person with whom the child resides a majority of the time, or a person with substantially equal residential time, shall notify every other person entitled to residential time or visitation with the child under a court order if the person int…

(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 or any form of mail requiring a return receipt; and (b) No less than: (i) Sixty days before the date of the intended relocation of the c…

(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 person intending to relocate the child, in lieu of notice prescribed in RCW 26.09.440, may provide actual notice by any reasonable means …

(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 be delayed for twenty-one days. This section shall not be construed to compel the disclosure by any domestic violence shelter of informa…

(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 comply with the notice requirements for the purposes of this section, the court may consider whether: (a) The person has su…

(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 objection with the court and serving the objection on the relocating party and all other persons entitled by court order to res…

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 c 21 s 11.] Notes: Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405.

(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 court within thirty days after receipt of the relocation notice, then the relocation of the child shall be permitted. (2) A nonobjecting person shall…

(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, if the court finds: (a) The required notice of an intended relocation of the child was not provided in a timely manner and the no…

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 intended relocation of the child will be permitted. A person entitled to object to the intended relocation of the child may reb…

(1) If the person proposing relocation of a child has substantially equal residential time: (a) The presumption in RCW 26.09.520 does not apply; and (b) In determining whether to restrict a parent's right to relocate with a child or in determining a modification of the court orde…

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 seeking to relocate the child will forego his or her own relocation if the child's relocation is not permitted or whether the person oppos…

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 party, unless that third party is entitled to residential time or visitation under a court order and has served as the primary residential care provider …

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 revised residential schedule was made to harass a person, to interfere in bad faith with the relationship between the child and another person en…

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 s 18.] Notes: Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405.

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 validly pending in the superior courts of this state as of the effective date of such repealer (July 15, 1973) shall be governe…

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, may, upon order of the superior court having jurisdiction over such proceeding for good cause shown, be converted to a dissolution proceeding and ther…

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 ex.s. c 15 s 3.]

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, shall not be governed by chapter 460, Laws of 1987 but shall be governed by the provisions of law in effect on December 31, 1987.…

(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 be parenting plans for purposes of this chapter. (2) The enactment of the 1987 revisions to this chapter does not constit…

This act shall be known as the parenting act of 1987. [ 1987 c 460 s 57.]

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

This act shall take effect on January 1, 1988. [ 1987 c 460 s 59.]

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …

The department is granted rule-making authority to adopt rules necessary for the implementation of chapter 227, Laws of 2020. [ 2020 c 227 s 14.] Notes: Findings—Intent—2020 c 227: See note following RCW 26.09.320.