reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.110 - Minor or dependent child—Court appointed attorney to represent—Payment of costs, fees, and disbursements.

RCW 26.09.110
Minor or dependent child—Court appointed attorney to represent—Payment of costs, fees, and disbursements.
The court may appoint an attorney to represent the interests of a minor or dependent child with respect to provision for the parenting plan in an action for dissolution of marriage or domestic partnership, legal separation, or declaration concerning the validity of a marriage or domestic partnership. The court shall enter an order for costs, fees, and disbursements in favor of the child's attorney. The order shall be made against either or both parents, except that, if both parties are indigent, the costs, fees, and disbursements shall be borne by the county.
[ 2008 c 6 § 1014; 1987 c 460 § 11; 1973 1st ex.s. c 157 § 11.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Process—Domestic relations actions: Rules of court: CR 4.1.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.120 - Support or maintenance payments—To whom paid.

RCW 26.09.120
Support or maintenance payments—To whom paid.
(1) The court shall order support payments, including maintenance if child support is ordered, to be made to the Washington state support registry, or the person entitled to receive the payments under an order approved by the court as provided in RCW 26.23.050.
(2) Maintenance payments, when ordered in an action where there is no dependent child, may be ordered to be paid to the person entitled to receive the payments, or the clerk of the court as trustee for remittance to the persons entitled to receive the payments.
(3) If support or maintenance payments are made to the clerk of court, the clerk:
(a) Shall maintain records listing the amount of payments, the date when payments are required to be made, and the names and addresses of the parties affected by the order;
(b) May by local court rule accept only certified funds or cash as payment; and
(c) Shall accept only certified funds or cash for five years in all cases after one check has been returned for nonsufficient funds or account closure.
(4) The parties affected by the order shall inform the registry through which the payments are ordered to be paid of any change of address or of other conditions that may affect the administration of the order.
[ 2008 c 6 § 1015; 1994 c 230 § 2; 1989 c 360 § 11. Prior: 1987 c 435 § 15; 1987 c 363 § 5; 1983 1st ex.s. c 45 § 3; 1973 1st ex.s. c 157 § 12.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Effective date—1987 c 435: See RCW 26.23.900.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.135 - Order or decree for child support—Compliance with RCW 26.23.050.

RCW 26.09.135
Order or decree for child support—Compliance with RCW 26.23.050.
Every court order or decree establishing a child support obligation shall be entered in compliance with the provisions of RCW 26.23.050.
[ 1987 c 435 § 16; 1986 c 138 § 1; 1984 c 260 § 21.]
NOTES:
Effective date—1987 c 435: See RCW 26.23.900.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.140 - Payment of costs, attorneys' fees, etc.

RCW 26.09.140
Payment of costs, attorneys' fees, etc.
The court from time to time after considering the financial resources of both parties may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this chapter and for reasonable attorneys' fees or other professional fees in connection therewith, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or enforcement or modification proceedings after entry of judgment.
Upon any appeal, the appellate court may, in its discretion, order a party to pay for the cost to the other party of maintaining the appeal and attorneys' fees in addition to statutory costs.
The court may order that the attorneys' fees be paid directly to the attorney who may enforce the order in his or her name.
[ 2011 c 336 § 690; 1973 1st ex.s. c 157 § 14.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.150 - Decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity—Finality—Appeal—Conversion of decree of legal separation to decree of dissolution—Name of party.

RCW 26.09.150
Decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity—Finality—Appeal—Conversion of decree of legal separation to decree of dissolution—Name of party.
(1) A decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity is final when entered, subject to the right of appeal. An appeal which does not challenge the finding that the marriage or domestic partnership is irretrievably broken or was invalid, does not delay the finality of the dissolution or declaration of invalidity and either party may remarry or enter into a domestic partnership pending such an appeal.
(2)(a) No earlier than six months after entry of a decree of legal separation, on motion of either party, the court shall convert the decree of legal separation to a decree of dissolution of marriage or domestic partnership. The clerk of court shall complete the certificate on the form provided by the department of health. On or before the tenth day of each month, the clerk of the court shall forward to the state registrar of vital statistics the certificate of each decree of divorce, dissolution of marriage or domestic partnership, annulment, or separate maintenance granted during the preceding month.
(b) Once a month, the state registrar of vital statistics shall prepare a list of persons for whom a certificate of dissolution of domestic partnership was transmitted to the registrar and was not included in a previous list, and shall supply the list to the secretary of state.
(3) Upon request of a party whose marriage or domestic partnership is dissolved or declared invalid, the court shall order a former name restored or the court may, in its discretion, order a change to another name.
[ 2019 c 148 § 33; 2008 c 6 § 1016. Prior: 1989 1st ex.s. c 9 § 205; 1989 c 375 § 30; 1973 1st ex.s. c 157 § 15.]
NOTES:
Effective date—Rule-making authority—2019 c 148: See RCW 70.58A.901 and 70.58A.902.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Effect of entry of a decree of dissolution of marriage or a declaration of invalidity or certification of termination of a state registered domestic partnership on nonprobate assets: RCW 11.07.010.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.165 - Court orders—Required language.

RCW 26.09.165
Court orders—Required language.
All court orders containing parenting plan provisions or orders of contempt, entered pursuant to RCW 26.09.160, shall include the following language:
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.40.060(2) or 9A.40.070(2). VIOLATION OF THIS ORDER MAY SUBJECT A VIOLATOR TO ARREST.
[ 1994 c 162 § 2; 1989 c 318 § 4.]
NOTES:
Severability—1989 c 318: See note following RCW 26.09.160.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.181 - Procedure for determining permanent parenting plan.

RCW 26.09.181
Procedure for determining permanent parenting plan.
(1) SUBMISSION OF PROPOSED PLANS. (a) In any proceeding under this chapter, except a modification, each party shall file and serve a proposed permanent parenting plan on or before the earliest date of:
(i) Thirty days after filing and service by either party of a notice for trial; or
(ii) One hundred eighty days after commencement of the action which one hundred eighty day period may be extended by stipulation of the parties.
(b) In proceedings for a modification of custody or a parenting plan, a proposed parenting plan shall be filed and served with the motion for modification and with the response to the motion for modification.
(c) No proposed permanent parenting plan shall be required after filing of an agreed permanent parenting plan, after entry of a final decree, or after dismissal of the cause of action.
(d) A party who files a proposed parenting plan in compliance with this section may move the court for an order of default adopting that party's parenting plan if the other party has failed to file a proposed parenting plan as required in this section.
(2) AMENDING PROPOSED PARENTING PLANS. Either party may file and serve an amended proposed permanent parenting plan according to the rules for amending pleadings.
(3) GOOD FAITH PROPOSAL. The parent submitting a proposed parenting plan shall attach a verified statement that the plan is proposed by that parent in good faith.
(4) AGREED PERMANENT PARENTING PLANS. The parents may make an agreed permanent parenting plan.
(5) MANDATORY SETTLEMENT CONFERENCE. Where mandatory settlement conferences are provided under court rule, the parents shall attend a mandatory settlement conference. The mandatory settlement conference shall be presided over by a judge or a court commissioner, who shall apply the criteria in RCW 26.09.187 and 26.09.191. The parents shall in good faith review the proposed terms of the parenting plans and any other issues relevant to the cause of action with the presiding judge or court commissioner. Facts and legal issues that are not then in dispute shall be entered as stipulations for purposes of final hearing or trial in the matter.
(6) TRIAL SETTING. Trial dates for actions involving minor children brought under this chapter shall receive priority.
(7) ENTRY OF FINAL ORDER. The final order or decree shall be entered not sooner than ninety days after filing and service.
This subsection does not apply to decrees of legal separation.
[ 1989 2nd ex.s. c 2 § 1; 1989 c 375 § 8; 1987 c 460 § 7.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.182 - Permanent parenting plan—Determination of relevant information.

RCW 26.09.182
Permanent parenting plan—Determination of relevant information.
Before entering a permanent parenting plan, the court shall determine the existence of any information and proceedings relevant to the placement of the child that are available in the judicial information system and databases.
[ 2007 c 496 § 304.]
NOTES:
Part headings not law—2007 c 496: See note following RCW 26.09.002.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.194 - Proposed temporary parenting plan—Temporary order—Amendment—Vacation of order.

RCW 26.09.194
Proposed temporary parenting plan—Temporary order—Amendment—Vacation of order.
(1) A parent seeking a temporary order relating to parenting shall file and serve a proposed temporary parenting plan by motion. The other parent, if contesting the proposed temporary parenting plan, shall file and serve a responsive proposed parenting plan. Either parent may move to have a proposed temporary parenting plan entered as part of a temporary order. The parents may enter an agreed temporary parenting plan at any time as part of a temporary order. The proposed temporary parenting plan may be supported by relevant evidence and shall be accompanied by an affidavit or declaration which shall state at a minimum the following:
(a) The name, address, and length of residence with the person or persons with whom the child has lived for the preceding twelve months;
(b) The performance by each parent during the last twelve months of the parenting functions relating to the daily needs of the child;
(c) The parents' work and child-care schedules for the preceding twelve months;
(d) The parents' current work and child-care schedules; and
(e) Any of the circumstances set forth in RCW 26.09.191 that are likely to pose a serious risk to the child and that warrant limitation on the award to a parent of temporary residence or time with the child pending entry of a permanent parenting plan.
(2) At the hearing, the court shall enter a temporary parenting order incorporating a temporary parenting plan which includes:
(a) A schedule for the child's time with each parent when appropriate;
(b) Designation of a temporary residence for the child;
(c) Allocation of decision-making authority, if any. Absent allocation of decision-making authority consistent with RCW 26.09.187(2), neither party shall make any decision for the child other than those relating to day-to-day or emergency care of the child, which shall be made by the party who is present with the child;
(d) Provisions for temporary support for the child; and
(e) Restraining orders, if applicable, under RCW 26.09.060.
(3) A parent may make a motion for an order to show cause and the court may enter a temporary order, including a temporary parenting plan, upon a showing of necessity.
(4) A parent may move for amendment of a temporary parenting plan, and the court may order amendment to the temporary parenting plan, if the amendment conforms to the limitations of RCW 26.09.191 and is in the best interest of the child.
(5) If a proceeding for dissolution of marriage or dissolution of domestic partnership, legal separation, or declaration of invalidity is dismissed, any temporary order or temporary parenting plan is vacated.
[ 2008 c 6 § 1045; 1987 c 460 § 13.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.197 - Issuance of temporary parenting plan—Criteria.

RCW 26.09.197
Issuance of temporary parenting plan—Criteria.
After considering the affidavit required by RCW 26.09.194(1) and other relevant evidence presented, the court shall make a temporary parenting plan that is in the best interest of the child. In making this determination, the court shall give particular consideration to:
(1) The relative strength, nature, and stability of the child's relationship with each parent; and
(2) Which parenting arrangements will cause the least disruption to the child's emotional stability while the action is pending.
The court shall also consider the factors used to determine residential provisions in the permanent parenting plan.
[ 2007 c 496 § 604; 1987 c 460 § 14.]
NOTES:
Part headings not law—2007 c 496: See note following RCW 26.09.002.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.210 - Parenting plans—Interview with child by court—Advice of professional personnel.

RCW 26.09.210
Parenting plans—Interview with child by court—Advice of professional personnel.
The court may interview the child in chambers to ascertain the child's wishes as to the child's residential schedule in a proceeding for dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be made and to be made part of the record in the case.
The court may seek the advice of professional personnel whether or not they are employed on a regular basis by the court. The advice given shall be in writing and shall be made available by the court to counsel upon request. Counsel may call for cross-examination any professional personnel consulted by the court.
[ 2008 c 6 § 1018; 1987 c 460 § 15; 1973 1st ex.s. c 157 § 21.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.220 - Parenting arrangements—Investigation and report—Appointment of guardian ad litem.

RCW 26.09.220
Parenting arrangements—Investigation and report—Appointment of guardian ad litem.
(1)(a) The court may order an investigation and report concerning parenting arrangements for the child, or may appoint a guardian ad litem pursuant to RCW 26.12.175, or both. The investigation and report may be made by the guardian ad litem, court-appointed special advocate, the staff of the juvenile court, or other professional social service organization experienced in counseling children and families.
(b) An investigator is a person appointed as an investigator under RCW 26.12.050(1)(b) or any other third-party professional ordered or appointed by the court to provide an opinion, assessment, or evaluation regarding the creation or modification of a parenting plan.
(2) In preparing the report concerning a child, the investigator or person appointed under subsection (1) of this section may consult any person who may have information about the child and the potential parenting or custodian arrangements. Upon order of the court, the investigator or person appointed under subsection (1) of this section may refer the child to professional personnel for diagnosis. The investigator or person appointed under subsection (1) of this section may consult with and obtain information from medical, psychiatric, or other expert persons who have served the child in the past without obtaining the consent of the parent or the child's custodian; but the child's consent must be obtained if the child has reached the age of twelve, unless the court finds that the child lacks mental capacity to consent. If the requirements of subsection (3) of this section are fulfilled, the report by the investigator or person appointed under subsection (1) of this section may be received in evidence at the hearing.
(3) The investigator or person appointed under subsection (1) of this section shall provide his or her report to counsel and to any party not represented by counsel at least ten days prior to the hearing unless a shorter time is ordered by the court for good cause shown. The investigator or person appointed under subsection (1) of this section shall make available to counsel and to any party not represented by counsel his or her file of underlying data and reports, complete texts of diagnostic reports made to the investigator or appointed person pursuant to the provisions of subsection (2) of this section, and the names and addresses of all persons whom he or she has consulted. Any party to the proceeding may call the investigator or person appointed under subsection (1) of this section and any person whom the investigator or appointed person has consulted for cross-examination. A party may not waive the right of cross-examination prior to the hearing.
[ 2011 c 292 § 4; 1993 c 289 § 1; 1989 c 375 § 12; 1987 c 460 § 16; 1973 1st ex.s. c 157 § 22.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.225 - Access to child's education and health care records.

RCW 26.09.225
Access to child's education and health care records.
(1) Each parent shall have full and equal access to the education and health care records of the child absent a court order to the contrary. Neither parent may veto the access requested by the other parent.
(2) Educational records are limited to academic, attendance, and disciplinary records of public and private schools in all grades kindergarten through twelve and any form of alternative school for all periods for which child support is paid or the child is the dependent in fact of the parent requesting access to the records.
(3) Educational records of postsecondary educational institutions are limited to enrollment and academic records necessary to determine, establish, or continue support ordered pursuant to RCW 26.19.090.
[ 1991 sp.s. c 28 § 3; 1990 1st ex.s. c 2 § 18; 1987 c 460 § 17.]
NOTES:
Severability—Effective date—Captions not law—1991 sp.s. c 28: See notes following RCW 26.09.100.
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.231 - Residential time summary report.

RCW 26.09.231
Residential time summary report.
The parties to dissolution matters shall file with the clerk of the court the residential time summary report. The summary report shall be on the form developed by the administrative office of the courts in consultation with the department of social and health services division of child support. The parties must complete the form and file the form with the court order.
[ 2017 c 183 § 2; 2007 c 496 § 701.]
NOTES:
Part headings not law—2007 c 496: See note following RCW 26.09.002.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.255 - Remedies when a child is taken, enticed, or concealed.

RCW 26.09.255
Remedies when a child is taken, enticed, or concealed.
(1) A relative may bring civil action against any other relative if, with intent to deny access to a child by that relative of the child who has a right to physical custody of or visitation with the child or a parent with whom the child resides pursuant to a parenting plan order, the relative takes, entices, or conceals the child from that relative. The plaintiff may be awarded, in addition to any damages awarded by the court, the reasonable expenses incurred by the plaintiff in locating the child, including, but not limited to, investigative services and reasonable attorneys' fees.
(2) "Relative" means an ancestor, descendant, or sibling including a relative of the same degree through marriage, domestic partnership, or adoption, or a spouse or domestic partner.
[ 2008 c 6 § 1019; 1987 c 460 § 22; 1984 c 95 § 6.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Severability—1984 c 95: See note following RCW 9A.40.060.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.270 - Child custody—Temporary custody order, temporary parenting plan, or modification of custody decree—Affidavits required.

RCW 26.09.270
Child custody—Temporary custody order, temporary parenting plan, or modification of custody decree—Affidavits required.
A party seeking a temporary custody order or a temporary parenting plan or modification of a custody decree or parenting plan shall submit together with his or her motion, an affidavit setting forth facts supporting the requested order or modification and shall give notice, together with a copy of his or her affidavit, to other parties to the proceedings, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause why the requested order or modification should not be granted.
[ 2011 c 336 § 691; 1989 c 375 § 15; 1973 1st ex.s. c 157 § 27.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.280 - Parenting plan or child support modification or enforcement—Venue.

RCW 26.09.280
Parenting plan or child support modification or enforcement—Venue.
Every action or proceeding to change, modify, or enforce any final order, judgment, or decree entered in any dissolution or legal separation or declaration concerning the validity of a marriage or domestic partnership, whether under this chapter or prior law, regarding the parenting plan or child support for the minor children of the marriage or the domestic partnership may be brought in the county where the minor children are then residing, or in the court in which the final order, judgment, or decree was entered, or in the county where the parent or other person who has the care, custody, or control of the children is then residing.
[ 2008 c 6 § 1020; 1991 c 367 § 10; 1987 c 460 § 20; 1975 c 32 § 4; 1973 1st ex.s. c 157 § 28.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.285 - Designation of custody for the purpose of other state and federal statutes.

RCW 26.09.285
Designation of custody for the purpose of other state and federal statutes.
Solely for the purposes of all other state and federal statutes which require a designation or determination of custody, a parenting plan shall designate the parent with whom the child is scheduled to reside a majority of the time as the custodian of the child. However, this designation shall not affect either parent's rights and responsibilities under the parenting plan. In the absence of such a designation, the parent with whom the child is scheduled to reside the majority of the time shall be deemed to be the custodian of the child for the purposes of such federal and state statutes.
[ 1989 c 375 § 16; 1987 c 460 § 21.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.290 - Final decree of dissolution nunc pro tunc.

RCW 26.09.290
Final decree of dissolution nunc pro tunc.
Whenever either of the parties in an action for dissolution of marriage or domestic partnership is, under the law, entitled to a final judgment, but by mistake, negligence, or inadvertence the same has not been signed, filed, or entered, if no appeal has been taken from the interlocutory order or motion for a new trial made, the court, on the motion of either party thereto or upon its own motion, may cause a final judgment to be signed, dated, filed, and entered therein granting the dissolution as of the date when the same could have been given or made by the court if applied for. The court may cause such final judgment to be signed, dated, filed, and entered nunc pro tunc as aforesaid, even though a final judgment may have been previously entered where by mistake, negligence or inadvertence the same has not been signed, filed, or entered as soon as such final judgment, the parties to such action shall be deemed to have been restored to the status of single persons as of the date affixed to such judgment, and any marriage or any domestic partnership of either of such parties subsequent to six months after the granting of the interlocutory order as shown by the minutes of the court, and after the final judgment could have been entered under the law if applied for, shall be valid for all purposes as of the date affixed to such final judgment, upon the filing thereof.
[ 2008 c 6 § 1021; 1973 1st ex.s. c 157 § 29.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.300 - Restraining orders—Notice—Refusal to comply—Arrest—Penalty—Defense—Peace officers, immunity.

RCW 26.09.300
Restraining orders—Notice—Refusal to comply—Arrest—Penalty—Defense—Peace officers, immunity.
(1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, a protected party's person, or a protected party's vehicle, is punishable under RCW 7.105.450.
(2) A person is deemed to have notice of a restraining order if:
(a) The person to be restrained or the person's attorney signed the order;
(b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;
(c) The order was served upon the person to be restrained; or
(d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.
(3) A peace officer shall verify the existence of a restraining order by:
(a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or
(b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.
(4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:
(a) A restraining order has been issued under this chapter;
(b) The respondent or person to be restrained knows of the order; and
(c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location.
(5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.
(6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.
[ 2021 c 215 § 135; 2000 c 119 § 21; 1996 c 248 § 9; 1995 c 246 § 27; 1984 c 263 § 28; 1974 ex.s. c 99 § 1.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Application—2000 c 119: See note following RCW 10.31.100.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.310 - Provision of health care to minor—Immunity of health care provider.

RCW 26.09.310
Provision of health care to minor—Immunity of health care provider.
No health care provider or facility, or their agent, shall be liable for damages in any civil action brought by a parent or guardian based only on a lack of the parent or guardian's consent for medical care of a minor child, if consent to the care has been given by a parent or guardian of the minor. The immunity provided by this section shall apply regardless of whether:
(1) The parents are married, unmarried, in a domestic partnership or not, or separated at the time of consent or treatment;
(2) The consenting parent is, or is not, a custodial parent of the minor;
(3) The giving of consent by a parent is, or is not, full performance of any agreement between the parents, or of any order or decree in any action entered pursuant to chapter 26.09 RCW;
(4) The action or suit is brought by or on behalf of the nonconsenting parent, the minor child, or any other person.
[ 2008 c 6 § 1022; 1989 c 377 § 1.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.325 - Child support—Who may make request for abatement based on incarceration—Procedures when multiple orders requiring incarcerated person to pay support exist.

RCW 26.09.325
Child support—Who may make request for abatement based on incarceration—Procedures when multiple orders requiring incarcerated person to pay support exist.
Either the department, the person required to pay support, the payee under the order, or the person entitled to receive support may make a request for abatement of child support to ten dollars per month under an order for child support when the person required to pay support is currently confined in a jail, prison, or correctional facility for at least six months, or is serving a sentence greater than six months in a jail, prison, or correctional facility.
(1) A request for the abatement of child support owed under one child support order does not automatically qualify as a request for abatement of support owed under every order that may exist requiring that person to pay support. However, the request applies to any support order which is being enforced by the department at the time of the request.
(2) If there are multiple orders requiring the incarcerated person to pay child support, the issue of whether abatement of support due to incarceration is appropriate must be considered for each order.
(a) The payee or person entitled to receive support under each support order is entitled to notice and an opportunity to be heard regarding the potential abatement of support under that order.
(b) If the child or children covered by a support order are not residing with the payee under the order, any other person entitled to receive support for the child or children must be provided notice and an opportunity to be heard regarding the potential abatement of support under that order.
[ 2020 c 227 § 5.]
NOTES:
Reviser's note: For the purposes of this section, "department" appears to refer to the department of social and health services, division of child support.
Effective date—2020 c 227 §§ 3-13: See note following RCW 26.09.320.
Findings—Intent—2020 c 227: See note following RCW 26.09.320.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.335 - Child support—Department duties when order does not contain abatement language and obligated person is incarcerated—Procedures.

RCW 26.09.335
Child support—Department duties when order does not contain abatement language and obligated person is incarcerated—Procedures.
(1) When a court or administrative order does not contain language regarding abatement based on incarceration of the person required to pay support and the department receives notice that the person is currently confined in a jail, prison, or correctional facility for at least six months or is serving a sentence greater than six months in a jail, prison, or correctional facility, the department must refer the case to the appropriate forum for a determination of whether the order should be modified to:
(a) Contain abatement language as provided in RCW 26.09.320; and
(b) Abate the person's child support obligation due to current incarceration.
(2) In a proceeding brought under this section, there is a rebuttable presumption that an incarcerated person is unable to pay the child support obligation. The department, the payee under the order, or the person entitled to receive support may rebut the presumption by demonstrating that the incarcerated person has possession of, or access to, income or assets available to provide support while incarcerated.
(3) Unless the presumption is rebutted, the court or administrative forum must enter an order providing that the child support obligation under the order is abated to ten dollars per month, without regard to the number of children covered by the order, if the person required to pay support is confined in a jail, prison, or correctional facility for at least six months, or is serving a sentence greater than six months in a jail, prison, or correctional facility.
(4) The order must:
(a) Include the appropriate language required by RCW 26.09.320 in order to provide for a rebuttable presumption of abatement to ten dollars per month per order;
(b) Provide that the order must be reinstated at fifty percent of the previously ordered support amount but not less than the presumptive minimum obligation of fifty dollars per month per child, effective on the first day of the fourth month after the person's release from confinement, and also provide that the order must be automatically reinstated at one hundred percent of the previously ordered support amount effective one year after release from confinement; and
(c) Include language regarding an action to modify or adjust the underlying order as provided under RCW 26.09.320(3).
[ 2020 c 227 § 7.]
NOTES:
Reviser's note: For the purposes of this section, "department" appears to refer to the department of social and health services, division of child support.
Effective date—2020 c 227 §§ 3-13: See note following RCW 26.09.320.
Findings—Intent—2020 c 227: See note following RCW 26.09.320.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.340 - Child support—Requests for reversal or termination of abatement based on incarceration—Procedures.

RCW 26.09.340
Child support—Requests for reversal or termination of abatement based on incarceration—Procedures.
(1) At any time during the period of incarceration, the department, the payee under the order, or the person entitled to receive support may file a request to reverse or terminate the abatement of support by demonstrating that the incarcerated person has possession of, or access to, income or assets available to provide support while incarcerated.
(a) A request for reversal or termination of the abatement may be filed with the department or with the office of administrative hearings.
(b) The request must include documents or other evidence showing that the incarcerated person has possession of, or access to, income or assets available to provide support while incarcerated.
(c) If the request for a hearing does not include documents or evidence showing that the incarcerated person has possession of, or access to, income or assets, the department may file a motion asking that the request for a hearing be dismissed before a hearing is scheduled or held.
(d) The party seeking to reverse or terminate the abatement may seek to vacate the dismissal order by filing a motion which includes the required proof.
(e) Depending on the type of evidence provided at the hearing, the administrative law judge may order that the abatement of the support obligation be:
(i) Reversed, meaning that the determination that support should be abated is vacated and all amounts owed under the support order are reinstated; or
(ii) Terminated, meaning that the abatement of support ends as of the date specified in the order.
(2) At any time during the period of incarceration, the person required to pay support may file a request to reverse or terminate the abatement of support.
(a) The request for reversal or termination of the abatement may be filed with the department or with the office of administrative hearings.
(b) The person required to pay support is not required to provide any documents or other evidence to support the request.
(3) Abatement of a support obligation does not constitute modification or adjustment of the order.
[ 2020 c 227 § 8.]
NOTES:
Reviser's note: For the purposes of this section, "department" appears to refer to the department of social and health services, division of child support.
Effective date—2020 c 227 §§ 3-13: See note following RCW 26.09.320.
Findings—Intent—2020 c 227: See note following RCW 26.09.320.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.405 - Applicability.

RCW 26.09.405
Applicability.
(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, if the existing court order does not expressly govern relocation of the child.
(2) To the extent that a provision 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 conflicts with the express terms of a court order existing prior to June 8, 2000, then 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 do not apply to those terms of that order governing relocation of the child.
(3) The provisions of RCW 26.09.405 through 26.09.560 do not apply to visitation orders entered in dependency proceedings as provided in RCW 13.34.385.
[ 2019 c 46 § 5021; 2008 c 259 § 2; 2000 c 21 § 3.]
NOTES:
*Reviser's note: Chapter 26.10 RCW, with the exception of RCW 26.10.115, was repealed by 2020 c 312 § 905. RCW 26.10.115 was repealed by 2021 c 215 § 170, effective July 1, 2022.
Intent—2000 c 21: "By this act, the legislature intends to supersede the state supreme court's decisions In Re the Marriage of Littlefield, 133 Wn.2d 39 (1997), and In Re the Marriage of Pape, Docket No. 67527-9, December 23, 1999." [ 2000 c 21 § 1.]
Captions not law—2000 c 21: "Captions used in this act are not any part of the law." [ 2000 c 21 § 22.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.410 - Definitions.

RCW 26.09.410
Definitions.
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 of a child under this title.
(2) "Relocate" means a change in principal residence either permanently or for a protracted period of time, or a change in residence in cases where parents have substantially equal residential time as defined by RCW 26.09.525.
[ 2019 c 79 § 4; 2000 c 21 § 2.]
NOTES:
Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.420 - Grant of authority.

RCW 26.09.420
Grant of authority.
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 § 4.]
NOTES:
Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.430 - Notice requirement.

RCW 26.09.430
Notice requirement.
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 intends to relocate. Notice shall be given as prescribed in RCW 26.09.440 and 26.09.450.
[ 2019 c 79 § 2; 2000 c 21 § 5.]
NOTES:
Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.440 - Notice—Contents and delivery.

RCW 26.09.440
Notice—Contents and delivery.
(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 child; or
(ii) No more than five days after the date that the person knows the information required to be furnished under subsection (2) of this section, if the person did not know and could not reasonably have known the information in sufficient time to provide the sixty-days' notice, and it is not reasonable to delay the relocation.
(2)(a) The notice of intended relocation of the child must include: (i) An address at which service of process may be accomplished during the period for objection; (ii) a brief statement of the specific reasons for the intended relocation of the child; and (iii) a notice to the nonrelocating person that an objection to the intended relocation of the child or to the relocating person's proposed revised residential schedule must be filed with the court and served on the opposing person within thirty days or the relocation of the child will be permitted and the residential schedule may be modified pursuant to RCW 26.09.500. The notice shall not be deemed to be in substantial compliance for purposes of RCW 26.09.470 unless the notice contains the following statement: "THE RELOCATION OF THE CHILD WILL BE PERMITTED AND THE PROPOSED REVISED RESIDENTIAL SCHEDULE MAY BE CONFIRMED UNLESS, WITHIN THIRTY DAYS, YOU FILE A PETITION AND MOTION WITH THE COURT TO BLOCK THE RELOCATION OR OBJECT TO THE PROPOSED REVISED RESIDENTIAL SCHEDULE AND SERVE THE PETITION AND MOTION ON THE PERSON PROPOSING RELOCATION AND ALL OTHER PERSONS ENTITLED BY COURT ORDER TO RESIDENTIAL TIME OR VISITATION WITH THE CHILD."
(b) Except as provided in RCW 26.09.450 and 26.09.460, the following information shall also be included in every notice of intended relocation of the child, if available:
(i) The specific street address of the intended new residence, if known, or as much of the intended address as is known, such as city and state;
(ii) The new mailing address, if different from the intended new residence address;
(iii) The new home telephone number;
(iv) The name and address of the child's new school and day care facility, if applicable;
(v) The date of the intended relocation of the child; and
(vi) A proposal in the form of a proposed parenting plan for a revised schedule of residential time or visitation with the child, if any.
(3) A person required to give notice of an intended relocation of the child has a continuing duty to promptly update the information required with the notice as that new information becomes known.
[ 2000 c 21 § 6.]
NOTES:
Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.450 - Notice—Relocation within the same school district.

RCW 26.09.450
Notice—Relocation within the same school district.
(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 to every other person entitled to residential time or visitation with the child under a court order.
(2) A person who is entitled to residential time or visitation with the child under a court order may not object to the intended relocation of the child within the school district in which the child currently resides the majority of the time, but he or she retains the right to move for modification under RCW 26.09.260.
[ 2000 c 21 § 7.]
NOTES:
Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405.