Modification of Final Parenting Plan or Final Residential Schedule.

  1. Actions for Modification of Residential Schedule or Final Parenting Plan.
    • A motion for modification of a Final Residential Schedule or Final Parenting Plan shall be brought on by noting the adequate cause hearing required by RCW 26.09.270 on the appropriate motion calendar. The notice shall inform the other party of the time, date, and place of the hearing.  The notice shall also include information to the other party regarding the right of the other party to file opposing affidavits.
    • If adequate cause for the requested modification is not established by the affidavits, the petition for modification of the parenting plan or residential schedule will be denied. [no further action will be taken by the court]
    • If adequate cause for hearing is established by the affidavits, an Order on Adequate Cause to Change a Parenting/Custody Order will be issued requiring the other party to show cause why the petition for modification should not be granted.
    • Parties/counsel shall send a conformed copy of the signed Order establishing Adequate Cause to Court Administration within one week of entry of the order. 
    • Upon receipt of the copy, Court Administration will issue a Domestic Case Scheduling Order. Superior Court Administration shall provide one copy to each party; or their attorney.
  2. Motions for Temporary Change of Residential Time on Post-Decree Matters
    • Except with respect to pending actions for dissolution, legal separation, or a decree of invalidity, motions for temporary change of residential time will not be heard until adequate cause has been established, unless an immediate restraining order has been granted. Once adequate cause is established, the Court may proceed immediately to the hearing of the motion for temporary change of residential time or continue the same, as justice requires.

Note:  This does not apply to Motions seeking to Modify Child Support Orders.

Added 10/31/2024