26 chapters · 696 sections in this title.
RCW 26.09.540 Objections by nonparents.
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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 …
RCW 26.09.550 Sanctions.
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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…
RCW 26.09.560 Priority for hearing.
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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.
RCW 26.09.900 Construction—Pending divorce actions.
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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…
RCW 26.09.901 Conversion of pending action to dissolution proceeding.
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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…
RCW 26.09.902 RCW 26.09.900 and 26.09.901 deemed in effect on July 16, 1973.
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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.]
RCW 26.09.907 Construction—Pending actions as of January 1, 1988.
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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.…
RCW 26.09.909 Decrees entered into prior to January 1, 1988.
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(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 constitu…
RCW 26.09.910 Short title—1987 c 460.
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This act shall be known as the parenting act of 1987.[ 1987 c 460 s 57.]
RCW 26.09.911 Section captions—1987 c 460.
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Section captions as used in this act do not constitute any part of the law.[ 1987 c 460 s 58.]
RCW 26.09.912 Effective date—1987 c 460.
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This act shall take effect on January 1, 1988.[ 1987 c 460 s 59.]
RCW 26.09.915 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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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 …
RCW 26.09.916 Rule-making authority—2020 c 227.
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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.
RCW 26.11.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Parent" means a legal parent whose rights have not been terminated, relinquished, or declared not to exist.(2)(a) "Relative" means:(i) Any blood relative, including th…
RCW 26.11.020 Petition for visitation—Criteria—Ongoing and substantial relationship with child—Relatives—Likelihood of harm to child.
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(1) A person who is not the parent of the child may petition for visitation with the child if:(a) The petitioner has an ongoing and substantial relationship with the child;(b) The petitioner is a relative of the child or a parent of the child; and(c) The child is likely to suffer…
RCW 26.11.030 Venue—Filing requirements—Affidavit—Notice—Hearing—Temporary visitation orders not authorized.
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(1) If a court has jurisdiction over the child pursuant to chapter 26.27 RCW, a petition for visitation under RCW 26.11.020 must be filed with that court.(2) Except as otherwise provided in subsection (1) of this section, if a court has exclusive original jurisdiction over the ch…
RCW 26.11.040 Orders granting visitation—Factors for consideration by the court—Best interest of the child—Presumption in favor of fit parent's decision—Rebuttal.
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(1)(a) At a hearing pursuant to RCW 26.11.030(8), the court shall enter an order granting visitation if it finds that the child would likely suffer harm or the substantial risk of harm if visitation between the petitioner and the child is not granted and that granting visitation …
RCW 26.11.050 Attorneys' fees—Transportation costs.
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(1)(a) For the purposes of RCW 26.11.020 through 26.11.040, the court shall, on motion of the respondent, order the petitioner to pay a reasonable amount for costs and reasonable attorneys' fees to the respondent in advance and prior to any hearing, unless the court finds, consid…
RCW 26.11.060 Modification or termination of orders granting visitation—Substantial change of circumstances.
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(1) A court may not modify or terminate an order granting visitation under RCW 26.11.040 unless it finds, on the basis of facts that have arisen since the entry of the order or were unknown to the court at the time it entered the order, that a substantial change of circumstances …
RCW 26.12.010 Jurisdiction conferred on superior court—Family court proceeding defined.
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Each superior court shall exercise the jurisdiction conferred by this chapter and while sitting in the exercise of such jurisdiction shall be known and referred to as the "family court." A family court proceeding under this chapter is: (1) Any proceeding under this title or any p…
RCW 26.12.020 Designation of judge—Number of sessions.
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In counties having more than one judge of the superior court the judges of such court shall annually, in the month of January, designate one or more of their number to hear all cases under this chapter. The judge or judges so designated shall hold as many sessions of the family c…
RCW 26.12.030 Transfer of cases to presiding judge.
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The judge of the family court may transfer any case before the family court pursuant to this chapter to the department of the presiding judge of the superior court for assignment for trial or other proceedings by another judge of the court, whenever in the opinion of the judge of…
RCW 26.12.040 Substitute judge of family court.
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In counties having more than one judge of the superior court the presiding judge may appoint a judge other than the judge of the family court to act as judge of the family court during any period when the judge of the family court is on vacation, absent, or for any reason unable …
RCW 26.12.050 Family courts—Appointment of assistants.
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(1) Except as provided in subsection (2) of this section, in each county the superior court may appoint the following persons to assist the family court in disposing of its business:(a) One or more attorneys to act as family court commissioners, and(b) Such investigators, stenogr…
RCW 26.12.060 Court commissioners—Duties.
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The court commissioners shall: (1) Make appropriate referrals to county family court services program if the county has a family court services program or appoint a guardian ad litem pursuant to RCW 26.12.175; (2) order investigation and reporting of the facts upon which to base …
RCW 26.12.070 Probation officers—Powers and duties.
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The probation officer in every county shall give such assistance to the family court as may be requested to carry out the purposes of this chapter and to that end the probation officer shall, upon request, make investigations and reports as requested, and in cases pursuant to thi…
RCW 26.12.080 Protection of privacy of parties.
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Whenever the court before whom any matter arising under this chapter is pending, deems publication of any matter before the court contrary to public policy or injurious to the interests of children or to the public morals, the court may by order close the files or any part thereo…
RCW 26.12.160 When and where court may be convened.
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For the purpose of conducting hearings pursuant to this chapter the family court may be convened at any time and place within the county and the hearing may be had in chambers or otherwise.[ 1949 c 50 s 16; Rem. Supp. 1949 s 997-45.]
RCW 26.12.170 Authority of family court judges and court commissioners to order or recommend services—Report by court of child abuse or neglect.
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To facilitate and promote the purposes of this chapter, family court judges and court commissioners may order or recommend family court services, parenting seminars, drug and alcohol abuse evaluations and monitoring of the parties through public or private treatment services, oth…
RCW 26.12.172 Parenting seminars—Rules.
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Any court rules adopted for the implementation of parenting seminars shall include the following provisions:(1) In no case shall opposing parties be required to attend seminars together;(2) Upon a showing of domestic violence or abuse which would not require mutual decision makin…
RCW 26.12.175 Appointment of guardian ad litem—Independent investigation—Court-appointed special advocate program—Background information—Review of appointment.
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(1)(a) The court may appoint a guardian ad litem to represent the interests of a minor or dependent child when the court believes the appointment of a guardian ad litem is necessary to protect the best interests of the child in any proceeding under this chapter. The court may app…
RCW 26.12.177 Guardians ad litem—Training—Registry—Subregistry—Selection—Substitution—Exceptions.
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(1) All guardians ad litem appointed under this title must comply with the training requirements established under RCW 2.56.030(15), prior to their appointment in cases under Title 26 RCW, except that volunteer guardians ad litem or court-appointed special advocates may comply wi…
RCW 26.12.180 Guardian ad litem, special advocate, or investigator—Information discoverable—Confidentiality.
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All information, records, and reports obtained or created by a guardian ad litem, court-appointed special advocate, or investigator under this title shall be discoverable pursuant to statute and court rule. The guardian ad litem, court-appointed special advocate, or investigator …
RCW 26.12.183 Guardian ad litem or investigator—Fees.
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Except for guardians ad litem appointed by the court from the subregistry created under RCW 26.12.177(2)(d), the court shall specify the hourly rate the guardian ad litem or investigator under this title may charge for his or her services, and shall specify the maximum amount the…
RCW 26.12.185 Guardian ad litem, special advocate, or investigator—Release of information.
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A guardian ad litem, court-appointed special advocate, or investigator under this title appointed under this chapter may release confidential information, records, and reports to the office of the family and children's ombuds for the purposes of carrying out its duties under chap…
RCW 26.12.187 Guardian ad litem, special advocate, or investigator—Ex parte communications—Removal.
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A guardian ad litem, court-appointed special advocate, or investigator shall not engage in ex parte communications with any judicial officer involved in the matter for which he or she is appointed during the pendency of the proceeding, except as permitted by court rule or statute…
RCW 26.12.188 Appointment of investigators—Training requirements.
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(1) The court may appoint an investigator in addition to a guardian ad litem or court-appointed special advocate under RCW 26.12.175 and 26.12.177 to assist the court and make recommendations.(2) An investigator is a person appointed as an investigator under RCW 26.12.050(1)(b) o…
RCW 26.12.190 Family court jurisdiction as to pending actions—Use of family court services.
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(1) The family court shall have jurisdiction and full power in all pending cases to make, alter, modify, and enforce all temporary and permanent orders regarding the following: Parenting plans, child support, custody of children, visitation, possession of property, maintenance, c…
RCW 26.12.205 Priority for proceedings involving children.
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The family court shall give proceedings involving children priority over cases without children.[ 1991 c 367 s 16.]Notes:Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015.
RCW 26.12.215 Revision by the superior court.
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All acts and proceedings of the court commissioners shall be subject to revision by the superior court as provided in RCW 2.24.050.[ 1991 c 367 s 18.]Notes:Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015.
RCW 26.12.220 Funding family court or family court services—Increase in marriage license fee authorized—Family court services program—Fees.
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(1) The legislative authority of any county may authorize family court services as provided in RCW 26.12.230. The legislative authority may impose a fee in excess of that prescribed in RCW 36.18.010 for the issuance of a marriage license. The fee shall not exceed eight dollars.(2…
RCW 26.12.230 Joint family court services.
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(1) Any county may contract under chapter 39.34 RCW with any other county or counties to provide joint family court services.(2) Any agreement between two or more counties for the operation of a joint family court service may provide that the treasurer of one participating county…
RCW 26.12.240 Courthouse facilitator program—Fee or surcharge.
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A county may create a courthouse facilitator program to provide basic services to pro se litigants in family law cases. The legislative authority of any county may impose user fees or may impose a surcharge of up to twenty dollars on only those superior court cases filed under Ti…
RCW 26.12.260 Program to provide services to parties involved in dissolutions and legal separations—Fees.
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(1) After July 1, 2009, but no later than November 1, 2009, a county may, and to the extent state funding is provided to meet the minimum requirements of the program a county shall, create a program to provide services to all parties involved in proceedings under chapter 26.09 RC…
RCW 26.12.270 Address confidentiality program.
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The court shall act in accordance with the requirements of the address confidentiality program pursuant to chapter 40.24 RCW in the course of all proceedings under this title. A court order for information protected by the address confidentiality program may only be issued upon c…
RCW 26.12.800 Family court pilot program—Legislative recognition.
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The legislature recognizes the increasing incidence of concurrent involvement of family members in multiple areas of the justice system. Analysis shows significant case overlap in the case types of juvenile offender, juvenile dependency, at-risk youth, child in need of services, …
RCW 26.12.802 Family court pilot program—Created.
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The administrative office of the courts shall conduct a unified family court pilot program.(1) Pilot program sites shall be selected through a request for proposal process, and shall be established in no more than three superior court judicial districts.(2) To be eligible for con…
RCW 26.12.804 Family court pilot program—Rules.
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The judges of the superior court judicial districts with unified family court pilot programs shall adopt local court rules directing the program. The local court rules shall comply with the criteria established by the administrative office of the courts and shall include:(1) A re…
RCW 26.14.005 Short title—2023 c 61.
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This act [chapter] may be known and cited as the uniform family law arbitration act.[ 2023 c 61 s 1.]
RCW 26.14.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Arbitration agreement" means an agreement that subjects a family law dispute to arbitration.(2) "Arbitration organization" means an association, agency, board, commiss…