reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.460 - Limitation of notices.

RCW 26.09.460
Limitation of notices.
(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 information protected by confidentiality except as provided by RCW 70.123.075 or equivalent laws of the state in which the shelter is located.
(2) If a person intending to relocate the child is a participant in the address confidentiality program pursuant to chapter 40.24 RCW or has a court order which permits the party to withhold some or all of the information required by RCW 26.09.440(2)(b), the confidential or protected information is not required to be given with the notice.
(3) If a person intending to relocate the child is relocating to avoid a clear, immediate, and unreasonable risk to the health or safety of a person or the child, notice may be delayed for twenty-one days.
(4) A person intending to relocate the child who believes that his or her health or safety or the health or safety of the child would be unreasonably put at risk by notice or disclosure of certain information in the notice may request an ex parte hearing with the court to have all or part of the notice requirements waived. If the court finds that the health or safety of a person or a child would be unreasonably put at risk by notice or the disclosure of certain information in the notice, the court may:
(a) Order that the notice requirements be less than complete or waived to the extent necessary to protect confidentiality or the health or safety of a person or child; or
(b) Provide such other relief as the court finds necessary to facilitate the legitimate needs of the parties and the best interests of the child under the circumstances.
(5) This section does not deprive a person entitled to residential time or visitation with a child under a court order the opportunity to object to the intended relocation of the child or the proposed revised residential schedule before the relocation occurs.
[ 2000 c 21 § 8.]
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. › 26.09.470 - Failure to give notice.

RCW 26.09.470
Failure to give notice.
(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 substantially complied with the notice requirements;
(b) The court order in effect at the time of the relocation was issued prior to June 8, 2000, and the person substantially complied with the notice requirements, if any, in the existing order;
(c) A waiver of notice was granted;
(d) A person entitled to receive notice was substantially harmed; and
(e) Any other factor the court deems relevant.
(3) A person entitled to file an objection to the intended relocation of the child may file such objection whether or not the person has received proper notice.
[ 2000 c 21 § 9.]
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. › 26.09.480 - Objection to relocation or proposed revised residential schedule.

RCW 26.09.480
Objection to relocation or proposed revised residential schedule.
(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 residential time or visitation with the child by means of personal service or mailing by any form of mail requiring a return receipt to the relocating party at the address designated for service on the notice of intended relocation and to other parties requiring notice at their mailing address. The objection must be filed and served, including a three-day waiting period if the objection is served by mail, within thirty days of receipt of the notice of intended relocation of the child. The objection shall be in the form of: (a) A petition for modification of the parenting plan pursuant to relocation; or (b) other court proceeding adequate to provide grounds for relief.
(2) Unless the special circumstances described in RCW 26.09.460 apply, the person intending to relocate the child shall not, without a court order, change the principal residence of the child during the period in which a party may object. The order required under this subsection may be obtained ex parte. If the objecting party notes a court hearing to prevent the relocation of the child for a date not more than fifteen days following timely service of an objection to relocation, the party intending to relocate the child shall not change the principal residence of the child pending the hearing unless the special circumstances described in RCW 26.09.460(3) apply.
(3) The administrator for the courts shall develop a standard form, separate from existing dissolution or modification forms, for use in filing an objection to relocation of the child or objection of the relocating person's proposed revised residential schedule.
[ 2000 c 21 § 10.]
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. › 26.09.490 - Required provision in residential orders.

RCW 26.09.490
Required provision in residential orders.
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 § 11.]
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. › 26.09.500 - Failure to object.

RCW 26.09.500
Failure to object.
(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 be entitled to the residential time or visitation with the child specified in the proposed residential schedule included with the relocation notice.
(3) Any person entitled to residential time or visitation with a child under a court order retains his or her right to move for modification under RCW 26.09.260.
(4) 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, a person entitled to residential time with the child may not be held in contempt of court for any act or omission that is in compliance with the proposed revised residential schedule set forth in the notice given.
(5) Any party entitled to residential time or visitation with the child under a court order may, after thirty days have elapsed since the receipt of the notice, obtain ex parte and file with the court an order modifying the residential schedule in conformity with the relocating party's proposed residential schedule specified in the notice upon filing a copy of the notice and proof of service of such notice. A party may obtain ex parte and file with the court an order modifying the residential schedule in conformity with the proposed residential schedule specified in the notice before the thirty days have elapsed if the party files a copy of the notice, proof of service of such notice, and proof that no objection will be filed.
[ 2000 c 21 § 12.]
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. › 26.09.510 - Temporary orders.

RCW 26.09.510
Temporary orders.
(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 nonrelocating party was substantially prejudiced;
(b) The relocation of the child has occurred without agreement of the parties, court order, or the notice required by 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; or
(c) After examining evidence presented at a hearing for temporary orders in which the parties had adequate opportunity to prepare and be heard, there is a likelihood that on final hearing the court will not approve the intended relocation of the child or no circumstances exist sufficient to warrant a relocation of the child prior to a final determination at trial.
(2) The court may grant a temporary order authorizing the intended relocation of the child pending final hearing if the court finds:
(a) The required notice of an intended relocation of the child was provided in a timely manner or that the circumstances otherwise warrant issuance of a temporary order in the absence of compliance with the notice requirements and issues an order for a revised schedule for residential time with the child; and
(b) After examining the evidence presented at a hearing for temporary orders in which the parties had adequate opportunity to prepare and be heard, there is a likelihood that on final hearing the court will approve the intended relocation of the child.
[ 2019 c 46 § 5022; 2000 c 21 § 13.]
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—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. › 26.09.520 - Basis for determination.

RCW 26.09.520
Basis for determination.
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 rebut the presumption by demonstrating that the detrimental effect of the relocation outweighs the benefit of the change to the child and the relocating person, based upon the following factors. The factors listed in this section are not weighted. No inference is to be drawn from the order in which the following factors are listed:
(1) The relative strength, nature, quality, extent of involvement, and stability of the child's relationship with each parent, siblings, and other significant persons in the child's life;
(2) Prior agreements of the parties;
(3) Whether disrupting the contact between the child and the person seeking relocation would be more detrimental to the child than disrupting contact between the child and the person objecting to the relocation;
(4) Whether either parent or a person entitled to residential time with the child is subject to limitations under RCW 26.09.191;
(5) The reasons of each person for seeking or opposing the relocation and the good faith of each of the parties in requesting or opposing the relocation;
(6) The age, developmental stage, and needs of the child, and the likely impact the relocation or its prevention will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child;
(7) The quality of life, resources, and opportunities available to the child and to the relocating party in the current and proposed geographic locations;
(8) The availability of alternative arrangements to foster and continue the child's relationship with and access to the other parent;
(9) The alternatives to relocation and whether it is feasible and desirable for the other party to relocate also;
(10) The financial impact and logistics of the relocation or its prevention; and
(11) For a temporary order, the amount of time before a final decision can be made at trial.
[ 2019 c 79 § 3; 2000 c 21 § 14.]
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. › 26.09.525 - Substantially equal residential time.

RCW 26.09.525
Substantially equal residential time.
(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 order as defined in RCW 26.09.410 based on the proposed relocation, the court shall make a determination in the best interests of the child considering the factors set forth in RCW 26.09.520.
(2) For the purposes of this section and RCW 26.09.430, "substantially equal residential time" includes arrangements in which forty-five percent or more of the child's residential time is spent with each parent. In determining the percentage, the court must (a) consider only time spent with parents and not any time ordered for nonparents under chapter 26.11 RCW; and (b) base its determination on the amount of time designated in the court order unless: (i) There has been an ongoing pattern of substantial deviation from the residential schedule; (ii) both parents have agreed to the deviation; and (iii) the deviation is not based on circumstances that are beyond either parent's ability to control.
[ 2019 c 79 § 1.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.530 - Factor not to be considered.

RCW 26.09.530
Factor not to be considered.
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 opposing relocation will also relocate if the child's relocation is permitted. The court may admit and consider such evidence after it makes the decision to allow or restrain relocation of the child and other parenting, custody, or visitation issues remain before the court, such as what, if any, modifications to the parenting plan are appropriate and who the child will reside with the majority of the time if the court has denied relocation of the child and the person is relocating without the child.
[ 2000 c 21 § 15.]
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. › 26.09.540 - Objections by nonparents.

RCW 26.09.540
Objections by nonparents.
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 to the child for a substantial period of time during the thirty-six consecutive months preceding the intended relocation.
[ 2000 c 21 § 16.]
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. › 26.09.550 - Sanctions.

RCW 26.09.550
Sanctions.
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 entitled to residential time or visitation with the child, or to unnecessarily delay or needlessly increase the cost of litigation.
[ 2000 c 21 § 17.]
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. › 26.09.560 - Priority for hearing.

RCW 26.09.560
Priority for hearing.
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 § 18.]
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. › 26.09.900 - Construction—Pending divorce actions.

RCW 26.09.900
Construction—Pending divorce actions.
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 governed and may be pursued to conclusion under the provisions of law applicable thereto at the time of commencement of such action and all decrees and orders heretofore or hereafter in all other respects regularly entered in such proceedings are declared valid: PROVIDED, That upon proper cause being shown at any time before final decree, the court may convert such action to an action for dissolution of marriage as provided for in RCW 26.09.901.
[ 1974 ex.s. c 15 § 1.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.901 - Conversion of pending action to dissolution proceeding.

RCW 26.09.901
Conversion of pending action to dissolution proceeding.
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 thereafter be continued under the provisions of this chapter.
[ 1974 ex.s. c 15 § 2.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.902 - RCW 26.09.900 and 26.09.901 deemed in effect on July 16, 1973.

RCW 26.09.902
RCW 26.09.900 and 26.09.901 deemed in effect on July 16, 1973.
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 § 3.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.907 - Construction—Pending actions as of January 1, 1988.

RCW 26.09.907
Construction—Pending actions as of January 1, 1988.
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.
[ 1989 c 375 § 17; 1987 c 460 § 23.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.909 - Decrees entered into prior to January 1, 1988.

RCW 26.09.909
Decrees entered into prior to January 1, 1988.
(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 constitute substantially changed circumstances for the purposes of modifying decrees entered under this chapter in actions commenced prior to January 1, 1988, involving child custody, visitation, or child support. Any action to modify any decree involving child custody, visitation, child support, or a parenting plan shall be governed by the provisions of this chapter.
(3) Actions brought for clarification or interpretation of decrees entered under this chapter in actions commenced prior to January 1, 1988, shall be determined under the law in effect immediately prior to January 1, 1988.
[ 1990 1st ex.s. c 2 § 16; 1989 c 375 § 18; 1987 c 460 § 24.]
NOTES:
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. › 26.09.910 - Short title—1987 c 460.

RCW 26.09.910
Short title—1987 c 460.
This act shall be known as the parenting act of 1987.
[ 1987 c 460 § 57.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.911 - Section captions—1987 c 460.

RCW 26.09.911
Section captions—1987 c 460.
Section captions as used in this act do not constitute any part of the law.
[ 1987 c 460 § 58.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.912 - Effective date—1987 c 460.

RCW 26.09.912
Effective date—1987 c 460.
This act shall take effect on January 1, 1988.
[ 1987 c 460 § 59.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.915 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 26.09.915
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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 marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 65.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.09 - Dissolution Proceedings—Legal Separation. › 26.09.916 - Rule-making authority—2020 c 227.

RCW 26.09.916
Rule-making authority—2020 c 227.
The department is granted rule-making authority to adopt rules necessary for the implementation of chapter 227, Laws of 2020.
[ 2020 c 227 § 14.]
NOTES:
Findings—Intent—2020 c 227: See note following RCW 26.09.320.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.11 - Nonparental Child Visitation—Relatives. › 26.11.010 - Definitions.

RCW 26.11.010
Definitions.
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 those of half-blood, and including first cousins, second cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;
(ii) Stepfather, stepmother, stepbrother, and stepsister;
(iii) A person who legally adopts a child or the child's parent as well as the biological and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;
(iv) Spouses of any persons named in (a)(i), (ii), or (iii) of this subsection, even after the marriage is terminated;
(v) Relatives, as named in (a)(i), (ii), or (iii) of this subsection, of any half sibling of the child; or
(vi) Extended family members, as defined by the law or custom of an Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4).
(b) "Relative" does not include a person whose parental rights have been terminated, relinquished, or determined not to exist with respect to a child who is the subject of a petition under this chapter.
[ 2018 c 183 § 1.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.11 - Nonparental Child Visitation—Relatives. › 26.11.020 - Petition for visitation—Criteria—Ongoing and substantial relationship with child—Relatives—Likelihood of harm to child.

RCW 26.11.020
Petition for visitation—Criteria—Ongoing and substantial relationship with child—Relatives—Likelihood of harm to child.
(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 harm or a substantial risk of harm if visitation is denied.
(2) A person has established an ongoing and substantial relationship with a child if the person and the child have had a relationship formed and sustained through interaction, companionship, and mutuality of interest and affection, without expectation of financial compensation, with substantial continuity for at least two years unless the child is under the age of two years, in which case there must be substantial continuity for at least half of the child's life, and with a shared expectation of and desire for an ongoing relationship.
[ 2018 c 183 § 2.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.11 - Nonparental Child Visitation—Relatives. › 26.11.030 - Venue—Filing requirements—Affidavit—Notice—Hearing—Temporary visitation orders not authorized.

RCW 26.11.030
Venue—Filing requirements—Affidavit—Notice—Hearing—Temporary visitation orders not authorized.
(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 child under *RCW 13.04.030(1) (a) through (d), (h), or (j), a petition for visitation under RCW 26.11.020 must be filed with that court. Granting of a petition for visitation under this chapter does not entitle the petitioner to party status in a child custody proceeding under Title 13 RCW.
(3) Except as otherwise provided in subsections (1) and (2) of this section, a petition for visitation under RCW 26.11.020 must be filed in the county where the child primarily resides.
(4) The petitioner may not file a petition for visitation more than once.
(5) The petitioner must file with the petition an affidavit alleging that:
(a) A relationship with the child that satisfies the requirements of RCW 26.11.020 exists or existed before action by the respondent; and
(b) The child would likely suffer harm or the substantial risk of harm if visitation between the petitioner and child was not granted.
(6) The petitioner shall set forth facts in the affidavit supporting the petitioner's requested order for visitation.
(7) The petitioner shall serve notice of the filing to each person having legal custody of, or court-ordered residential time with, the child. A person having legal custody or residential time with the child may file an opposing affidavit.
(8) If, based on the petition and affidavits, the court finds that it is more likely than not that visitation will be granted, the court shall hold a hearing.
(9) The court may not enter any temporary orders to establish, enforce, or modify visitation under this section.
[ 2018 c 183 § 3.]
NOTES:
*Reviser's note: RCW 13.04.030 was amended by 2020 c 41 § 4, deleting subsection (1)(j).
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.11 - Nonparental Child Visitation—Relatives. › 26.11.050 - Attorneys' fees—Transportation costs.

RCW 26.11.050
Attorneys' fees—Transportation costs.
(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, considering the financial resources of all parties, that it would be unjust to do so.
(b) Regardless of the financial resources of the parties, if the court finds that a petition for visitation was brought in bad faith or without reasonable basis in light of the requirements of RCW 26.11.020 through 26.11.040, the court shall order the petitioner to pay a reasonable amount for costs and reasonable attorneys' fees to the respondent.
(2) If visitation is granted, the court shall order the petitioner to pay all transportation costs associated with visitation.
[ 2018 c 183 § 5.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.11 - Nonparental Child Visitation—Relatives. › 26.11.060 - Modification or termination of orders granting visitation—Substantial change of circumstances.

RCW 26.11.060
Modification or termination of orders granting visitation—Substantial change of circumstances.
(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 has occurred in the circumstances of the child or nonmoving party and that modification or termination of the order is necessary for the best interest of the child.
(2)(a) If a court has jurisdiction over the child pursuant to chapter 26.27 RCW, a petition for modification or termination under this section must be filed with that court.
(b) Except as otherwise provided in (a) of this subsection, if a court has exclusive original jurisdiction over the child under *RCW 13.04.030(1) (a) through (d), (h), or (j), a petition for modification or termination under this section must be filed with that court.
(c) Except as otherwise provided in (a) or (b) of this subsection, a petition for modification or termination under this section must be filed in the county where the child primarily resides.
(3) The petitioner must file with the petition an affidavit alleging that, 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, there is a substantial change of circumstances of the child or nonmoving party and that modification or termination of the order is necessary for the best interest of the child. The petitioner shall set forth facts in the affidavit supporting the petitioner's requested order.
(4) The petitioner shall serve notice of the petition to each person having legal custody of, or court-ordered residential time or court-ordered visitation with, the child. A person having legal custody or residential or visitation time with the child may file an opposing affidavit.
(5) If, based on the petition and affidavits, the court finds that it is more likely than not that a modification or termination will be granted, the court shall hold a hearing.
(6) The court may award reasonable attorneys' fees and costs to either party.
[ 2018 c 183 § 6.]
NOTES:
*Reviser's note: RCW 13.04.030 was amended by 2020 c 41 § 4, deleting subsection (1)(j).
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.12 - Family Court. › 26.12.010 - Jurisdiction conferred on superior court—Family court proceeding defined.

RCW 26.12.010
Jurisdiction conferred on superior court—Family court proceeding defined.
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 proceeding in which the family court is requested to adjudicate or enforce the rights of the parties or their children regarding the determination or modification of parenting plans, child custody, visitation, or support, or the distribution of property or obligations, or (2) concurrent with the juvenile court, any proceeding under Title 13 or chapter 28A.225 RCW.
[ 1999 c 397 § 6; 1994 sp.s. c 7 § 537; 1991 c 367 § 11; 1983 c 219 § 1; 1949 c 50 § 1; Rem. Supp. 1949 § 997-30.]
NOTES:
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
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 26.12 - Family Court. › 26.12.020 - Designation of judge—Number of sessions.

RCW 26.12.020
Designation of judge—Number of sessions.
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 court in each week as are necessary for the prompt disposition of matters before the court.
[ 1949 c 50 § 2; Rem. Supp. 1949 § 997-31.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.12 - Family Court. › 26.12.030 - Transfer of cases to presiding judge.

RCW 26.12.030
Transfer of cases to presiding judge.
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 the family court such transfer is necessary to expedite the business of the family court or to insure the prompt consideration of the case. When any case is so transferred, the judge to whom it is transferred shall act as the judge of the family court in the matter.
[ 1949 c 50 § 3; Rem. Supp. 1949 § 997-32.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.12 - Family Court. › 26.12.040 - Substitute judge of family court.

RCW 26.12.040
Substitute judge of family court.
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 to perform his or her duties. Any judge so appointed shall have all the powers and authority of a judge of the family court in cases under this chapter.
[ 2011 c 336 § 692; 1949 c 50 § 4; Rem. Supp. 1949 § 997-33.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.12 - Family Court. › 26.12.050 - Family courts—Appointment of assistants.

RCW 26.12.050
Family courts—Appointment of assistants.
(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, stenographers and clerks as the court shall find necessary to carry on the work of the family court.
(2) The county legislative authority must approve the creation of family court commissioner positions.
(3) The appointments provided for in this section shall be made by majority vote of the judges of the superior court of the county and may be made in addition to all other appointments of commissioners and other judicial attaches otherwise authorized by law. Family court commissioners and investigators shall serve at the pleasure of the judges appointing them and shall receive such compensation as the county legislative authority shall determine. The appointments may be full or part-time positions. A person appointed as a family court commissioner may also be appointed to any other commissioner position authorized by law.
[ 1993 c 15 § 1; 1991 c 363 § 17; 1989 c 199 § 1; 1965 ex.s. c 83 § 1; 1949 c 50 § 5; Rem. Supp. 1949 § 997-34.]
NOTES:
Effective date—1993 c 15: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 12, 1993]." [ 1993 c 15 § 3.]
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Court
clerks, reporters, and bailiffs: Chapter 2.32 RCW.
commissioners and referees: Chapter 2.24 RCW.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.12 - Family Court. › 26.12.060 - Court commissioners—Duties.

RCW 26.12.060
Court commissioners—Duties.
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 warrants, subpoenas, orders or directions in actions or proceedings under this chapter; (3) exercise all the powers and perform all the duties of court commissioners; (4) make written reports of all proceedings had which shall become a part of the record of the family court; (5) provide supervision over the exercise of its jurisdiction as the judge of the family court may order; (6) cause the orders and findings of the family court to be entered in the same manner as orders and findings are entered in cases in the superior court; (7) cause other reports to be made and records kept as will indicate the value and extent of reconciliation, mediation, investigation, and treatment services; and (8) conduct hearings under Title 13 and chapter 28A.225 RCW, as provided in RCW 13.04.021.
[ 1999 c 397 § 7; 1993 c 289 § 3; 1991 c 367 § 12; 1988 c 232 § 4; 1949 c 50 § 6; Rem. Supp. 1949 § 997-35.]
NOTES:
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 26.12 - Family Court. › 26.12.070 - Probation officers—Powers and duties.

RCW 26.12.070
Probation officers—Powers and duties.
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 this chapter shall exercise all the powers and perform all the duties granted or imposed by the laws of this state relating to probation or to probation officers.
[ 1949 c 50 § 7; Rem. Supp. 1949 § 997-36.]
NOTES:
Indeterminate sentences: Chapter 9.95 RCW.
Probation officers—Appointment—Powers—Compensation: RCW 13.04.040.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.12 - Family Court. › 26.12.080 - Protection of privacy of parties.

RCW 26.12.080
Protection of privacy of parties.
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 thereof in the matter and make such other orders to protect the privacy of the parties as is necessary.
[ 1989 c 375 § 22; 1949 c 50 § 8; Rem. Supp. 1949 § 997-37.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.12 - Family Court. › 26.12.160 - When and where court may be convened.

RCW 26.12.160
When and where court may be convened.
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 § 16; Rem. Supp. 1949 § 997-45.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.12 - Family Court. › 26.12.170 - Authority of family court judges and court commissioners to order or recommend services—Report by court of child abuse or neglect.

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.
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, other treatment services, the aid of physicians, psychiatrists, other specialists, or other services or may recommend the aid of the pastor or director of any religious denomination to which the parties may belong.
If the court has reasonable cause to believe that a child of the parties has suffered abuse or neglect it may file a report with the proper law enforcement agency or the department of social and health services as provided in RCW 26.44.040. Upon receipt of such a report the law enforcement agency or the department of social and health services will conduct an investigation into the cause and extent of the abuse or neglect. The findings of the investigation may be made available to the court if ordered by the court as provided in RCW 42.56.210(2). The findings shall be restricted to the issue of abuse and neglect and shall not be considered custody investigations.
[ 2005 c 274 § 241; 1994 c 267 § 3; 1991 c 367 § 13; 1983 c 219 § 5; 1971 ex.s. c 151 § 2; 1949 c 50 § 17; Rem. Supp. 1949 § 997-46.]
NOTES:
Effective date—1994 c 267: See note following RCW 26.09.191.
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 26.12 - Family Court. › 26.12.172 - Parenting seminars—Rules.

RCW 26.12.172
Parenting seminars—Rules.
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 making pursuant to RCW 26.09.191, or that a parent's attendance at the seminar is not in the children's best interests, the court shall either:
(a) Waive the requirement of completion of the seminar; or
(b) Provide an alternative, voluntary parenting seminar for battered spouses or battered domestic partners; and
(3) The court may waive the seminar for good cause.
(4) Cases filed as a minor guardianship under chapter 11.130 RCW are exempt from requirements of parenting seminar attendance.
[ 2022 c 243 § 3; 2008 c 6 § 1046; 1994 c 267 § 5.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Effective date—1994 c 267: See note following RCW 26.09.191.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.12 - Family Court. › 26.12.180 - Guardian ad litem, special advocate, or investigator—Information discoverable—Confidentiality.

RCW 26.12.180
Guardian ad litem, special advocate, or investigator—Information discoverable—Confidentiality.
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 shall not release private or confidential information to any nonparty except pursuant to a court order signed by a judge. The guardian ad litem, court-appointed special advocate, or investigator may share private or confidential information with experts or staff he or she has retained as necessary to perform the duties of guardian ad litem, court-appointed special advocate, or investigator. Any expert or staff retained are subject to the confidentiality rules governing the guardian ad litem, court-appointed special advocate, or investigator. Nothing in this section shall be interpreted to authorize disclosure of guardian ad litem records in personal injury actions.
[ 2000 c 124 § 8.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.12 - Family Court. › 26.12.183 - Guardian ad litem or investigator—Fees.

RCW 26.12.183
Guardian ad litem or investigator—Fees.
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 guardian ad litem or investigator under this title may charge without additional court review and approval. The court shall specify rates and fees in the order of appointment or at the earliest date the court is able to determine the appropriate rates and fees and prior to the guardian ad litem billing for his or her services. This section shall apply except as provided by local court rule.
[ 2000 c 124 § 15.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.12 - Family Court. › 26.12.185 - Guardian ad litem, special advocate, or investigator—Release of information.

RCW 26.12.185
Guardian ad litem, special advocate, or investigator—Release of information.
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 chapter 43.06A RCW.
[ 2013 c 23 § 41; 2000 c 124 § 9; 1999 c 390 § 4.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.12 - Family Court. › 26.12.187 - Guardian ad litem, special advocate, or investigator—Ex parte communications—Removal.

RCW 26.12.187
Guardian ad litem, special advocate, or investigator—Ex parte communications—Removal.
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 for ex parte motions. Ex parte motions shall be heard in open court on the record. The record may be preserved in a manner deemed appropriate by the county where the matter is heard. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem, court-appointed special advocate, or investigator who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on the pending case.
[ 2000 c 124 § 12.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.12 - Family Court. › 26.12.188 - Appointment of investigators—Training requirements.

RCW 26.12.188
Appointment of investigators—Training requirements.
(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) 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.
(3) Investigators who are not supervised by a guardian ad litem or by a court-appointed special advocate program must comply with the training requirements applicable to guardians ad litem or court-appointed special advocates as provided under this chapter and court rule.
[ 2011 c 292 § 5.]