Ms. Manis then moved to California leaving the children with Mr. Flynn, and filed her first appeal of the adequate cause decisions. Judge Murphy denied her motion. Ms. Manis then filed a second appeal based on Judge Murphy's order. We now consider the consolidated appeals. RCW 26.09.260 provides standards for modification of a custody decree.
Statutory construction is a matter of law reviewed de novo.
When the trial court's decision is decided on the affidavits of the parties, we are in the same position as the trial court and decide the question as a matter of law. Indeed, the first sign of change was Littlefield striking a geographical restriction in an initial parenting plan designed to facilitate frequent contact with the other parent. Mr. Flynn's contention that Littlefield principles do not apply to modifications is mortally wounded if we agree with Division One when it decided otherwise in its reconsidered and amended opinion. To begin, Mr. Flynn incorrectly argues Ms. Manis failed to assign error to the written findings of fact, making them verities on appeal. Contrary to Mr. Flynn's assertion, there were no written findings and conclusions entered in this case.