Washington Domestic Relations Statute RCW 26.09.002: Policy illustrates the Washington State Legislature’s Policy behind parenting plans. The Spokane County Superior Court, as well as all other Superior County Courts in this State, promotes the principles of the policy when it implements a parenting plan. RCW 26.09.002 is as follows:
“Parents have the responsibility to make decisions and perform other parental functions necessary for the care and growth of their minor children. In any proceeding between parents under this chapter, the best interests of the child shall be the standard by which the court determines and allocates the parties’ parental responsibilities. The State recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and that the relationship between the child and each parent should be fostered unless inconsistent with the child’s best interests. Residential time and financial support are equally important components of parenting arrangements. The best interests of the child are served by a parenting arrangement that best maintains a child’s emotional growth, health and stability, and physical care. Further, the best interest of the child is ordinarily served when the existing pattern of interaction between a parent and child is altered only to the extent necessitated by the changed relationship of the parents or as required to protect the child from physical, mental, or emotional harm.”
As you can see, the following points are important:
- The best interests of the child is the standard by which the court determines and allocates the parties’ parental responsibilities;
- The relationship between the child and each parent should be fostered unless inconsistent with the child’s best interests;
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- A parenting arrangement that best maintains a child’s emotional growth, health and stability, and physical care;
- The existing pattern of interaction between a parent and child is altered only to the extent necessitated by the changes relationship of the parents or as required to protect the child from physical, mental, or emotional harm.
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- Residential time and financial support are equally important components of parenting arrangements.
The Washington State Legislature expanded on its original policy when it codified RCW 26.09.003 with additional policy considerations, intent, and specific findings for parenting plans. RCW 26.09.003 reads as follows:
“The legislature reaffirms the intent of the current law as expressed in RCW 26.09.002. However, after review, the legislature finds that there are certain components of the existing law which do not support the original legislative intent. In order to better implement the existing legislative intent the legislature finds that incentives for parties to reduce family conflict and additional alternative dispute resolution options can assist in reducing the number of contested trials. Furthermore, the legislature finds that the identification of domestic violence as defined in RCW 26.50.010 and the treatment needs of the parties to dissolutions are necessary to improve outcomes for children. When judicial officers have the discretion to tailor individualized resolutions, the legislative intent expressed in RCW 26.09.002 can more readily be achieved. Judicial officers should have the discretion and flexibility to assess each case based on the merits of the individual cases before them.”
With these added considerations, the following are points are added policy considerations for parenting plans;
- Reduction of conflict between parents necessary to reduce the level of contention or hostility between parents;
- Dispute resolution such as mediation, arbitration, or counseling, which is now required in Spokane County before proceeding to trial;
- Reduction/Elimination of domestic violence in the home as well as treatment needs for the perpetrator and victim(s); and
- Discretion to Judicial Officers to craft a parenting plan that addresses these immediate concerns for children in all Washington State Superior County Courts.
In essence, the court’s policy is to ensure that each child’s best interest are met.