IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE In the Matter of the Marriage of:
DANIEL MA T THEW MANCOFF, Respondent, and AMANDA LYNNE RAMSEY, Appellant. ) ) ) ) ) ) ) ) ) ) ) No. 38553

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UNPUBLISHED OPINION

P ENNELL , J

. — Amanda Lynne Ramsey appeals a final di vorce order, restraining order, and parenting plan. The orders place Ms. Ramsey’s daughter, P.R., in the primary residential care of P.R.’s father, Daniel Matthew Mancoff. The orders also restrict Ms. Ramsey from havin g contact with P.R. until recommended by Ms. Ramsey’s therapist. We affirm. FACTS Amanda Ramsey and Daniel Mancoff’s relationship ended when Ms. Ramsey filed for a domestic violence protection order alleging Mr. Mancoff sexually and physically abused thei r daughter, P.R. Both Mr. Mancoff and P.R. consistently denied Ms. Ramsey’s accusations, resulting in Mr. Mancoff filing for divorce and seeking sole custody of P.R

. The trial court appointed a guardian ad litem ( GAL ) to investigate Ms. Ramsey’s accusation s, and Mr. Mancoff’s accusations that Ms. Ramsey was mentally ill. 

### FILED APRIL 5, 2 022 In the Office of the Clerk of Court WA State Court of Appeals, Division IIINo. 38553

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2 The GAL found no basis for Ms. Ramsey’s accusations and recommended she enter therapy. The GAL and various fact witnesses who had personally interacted with
Ms. Ramsey found her to be an in consistent and so metimes incredible storyteller. At the dissolution trial, Mr. Mancoff presented extensive evidence of Ms. Ramsey’s postseparation emotional abuse of P.R. While Ms. Ramsey disputed this evidence, the trial court found Ms. Ramsey not credib le and that she had committed “repeated [ acts of ] emotional abuse ” against P.R. Clerk’s Papers (CP) at 2188. Based on these re peated acts of emotional abuse, Ms. Ramsey’s long

- term emotional deficiencies, and her abusive use of conflict, the court awarded Mr. Mancoff sol e custody of P.R. and suspended visitation for Ms. Ra msey until it was recommended by a therapist

. Ms. Ramsey timely appeals

. A Division Three panel considered M s . Ramsey’s appeal without oral argument after receipt of an administrative tra nsfer of the case from Division Two. ANALYSIS Credibility f inding Ms. Ramsey challenges the trial court’s adverse credibility determination, claiming it was unsupported by the evidence at trial. Mr. Mancoff answers that a trier of fact’s credibility deter minations are not reviewable on appeal

. We agree with Mr. Mancoff.No. 38553

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3 This court reviews the factual findings of a trial court in a bench trial for substantial evidence. State v. Homan , 181 Wn.2d 102, 105

- 06 , 330 P.3d 182 (2014).

“‘ Substantial evidence’ is ev idence sufficient to persuade a fair

- minded person of the truth of the matter asserted.” In re Marriage of Chandola , 180 Wn.2d 632, 642, 327 P.3d 644 (2014). “[T]his court must defer to the finder of fact in resolving conflicting evidence and credibility d eterminations.” State v. N.B. , 7 Wn. App. 2d 831, 837, 436 P.3d 358 (2019). A credibility assessment is not a fact. Credibility can be undermined by various factors , such as demeanor and nonsubstantive impeachment evidence. Because an adverse credibility d etermination is not a factual finding, it need not be justified by substantial evidence. Ms. Ramsey fails to point to any authority showing otherwise. DeHeer v. Seattle Post

- Intelligencer , 60 Wn.2d 122, 126, 372 P.2d 193 (1962) (“Where no authorities are c ited in support of a proposition, the court is not required to search out authorities, but may assume that counsel, after diligent search, has found none

. ”).
We reject Ms. Ramsey’s challenge to the trial court’ s credibility assessment

. Pattern of e motional a buse Ms. Ramsey contends the trial court abused its discretion by applying the wrong legal standard when it suspended her residential time because she repeatedly i nflictedNo. 38553

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4 emotional abuse on P.R

. Ms. Ramsey points out that u nder the statute , the mandato ry restriction on residential time requires a finding of a “ pattern of emotional abuse.”
RCW 26.09.191(2)(a)(ii) (emphasis added) . T he statute does not use the word “repeated.” Mr. Mancoff responds that “pattern” and “repeated” mean the same thing. We disa gree with Mr. Mancoff’s linguistic analysis. Nevertheless, we uphold the trial court’s restriction. “The trial court’s review of a matter concerning the rights of custody and visitation will not be disturbed absent an abuse of discretion.” In re Marriage of Chua , 149 Wn. App. 147, 153 , 202 P.3d 367 (2009). “A court abuses its discretion where the court applies an incorrect standard, the record does not support the court’s findings, or the facts do not meet the requirements of the correct standard.” In re M arriage of Kim , 179 Wn. App. 232, 240, 317 P.3d 555 (2014). The phrase “pattern of emotional abuse” is not defined by the statute. According to the dictionary definition, “repeated” means “renewed or recurring again and again:

CONSTANT , FREQUENT .” W EBSTER ’ S T HIRD N EW I NTERNATIONAL D ICTIONARY 1924 (1993). “Pattern , ” on the other hand, is defined as “a reliable sample of traits, acts, or other observable features characterizing an individual.” Id . at 1 657

. Repeated acts are necessary to discern a pattern. But mere repetition does not necessarily create a pattern.No. 38553

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5 We therefore agree with Ms. Ramsey that a finding of repeated acts does not necessitate a finding of a pattern. While it would have been preferable for the trial court to use the word “ pattern ” instea d of “ repeated ,” the record as a whole shows the trial court found a pattern of emotional abuse. After listing Ms. Ramsey’s various acts of emotional abuse against P.R. , the court found “ [Ms.] Ramsey’s behaviors and choices, including repeated disparaging comments to and about [P.R.] and Mr. Mancoff, have been the source of distance and estranged relat ionship between herself and [P.R.] .” CP at 2189

. This clearly displays the
court’s determination that Ms. Ramsey’s emotion al abuse of P.R. followed a pattern that characterized the mother

- daughter relationship

. Any error by the trial court in utilizing the word “ repeated ” instead of “ pattern ” was of no consequence to the trial court’s ultimate ruling. Even if the trial court applied the wrong standard, such er ror was harmless. This court reverses only where an error prejudices a party. Driggs v. Howlett , 193 W n . App. 875, 903, 371 P.3d 61 (2016) . Under RCW 26.09.191(3) (b) and (e) , a court may preclude

or limit any provisions of a parenting plan if it finds “[a] long

- term emotional or physical impairment which interferes with the parent’s performance of parenting functions,” or