RCW 26.09.013
Interpretive services—Literacy assistance—Guardian ad litem charges—Telephone or interactive videoconference participation—Residential time in cases involving domestic violence or child abuse—Disclosure of information—Supervised visitation and safe exchange centers.
In order to provide judicial officers with better information and to facilitate decision making which allows for the protection of children from physical, mental, or emotional harm and in order to facilitate consistent healthy contact between both parents and their children:
(1) Parties and witnesses who require the assistance of interpreters shall be provided access to qualified interpreters pursuant to chapter 2.42 or 2.43 RCW. To the extent practicable and within available resources, interpreters shall also be made available at dissolution-related proceedings.
(2) Parties and witnesses who require literacy assistance shall be referred to the multipurpose service centers established in *chapter 28B.04 RCW.
(3) In matters involving guardians ad litem, the court shall specify the hourly rate the guardian ad litem may charge for his or her services, and shall specify the maximum amount the guardian ad litem may charge without additional review. Counties may, and to the extent state funding is provided therefor counties shall, provide indigent parties with guardian ad litem services at a reduced or waived fee.
(4) Parties may request to participate by telephone or interactive videoconference. The court may allow telephonic or interactive videoconference participation of one or more parties at any proceeding in its discretion. The court may also allow telephonic or interactive videoconference participation of witnesses.
(5) In cases involving domestic violence or child abuse, if residential time is ordered, the court may:
(a) Order exchange of a child to occur in a protected setting;
(b) Order residential time supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such residential time. The court shall not approve of a supervisor for contact between the child and the parent unless the supervisor is willing to and capable of protecting the child from harm. The court shall revoke court approval of the supervisor if the court determines, after a hearing, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child. If the court allows a family or household member to supervise residential time, the court shall establish conditions to be followed during residential time.
(6)(a) In cases in which the court has made a finding of domestic violence or child abuse, the court may not require a victim of domestic violence or the custodial parent of a victim of child abuse to disclose to the other party information that would reasonably be expected to enable the perpetrator of domestic violence or child abuse to obtain previously undisclosed information regarding the name, location, or address of a victim's residence, employer, or school at an initial hearing, and shall carefully weigh the safety interests of the victim before issuing orders which would require disclosure in a future hearing.
(b) In cases in which domestic violence or child abuse has been alleged but the court has not yet made a finding regarding such allegations, the court shall provide the party alleging domestic violence or child abuse with the opportunity to prove the allegations before ordering the disclosure of information that would reasonably be expected to enable the alleged perpetrator of domestic violence or child abuse to obtain previously undisclosed information regarding the name, location, or address of a victim's residence, employer, or school.
(7) In cases in which the court finds that the parties do not have a satisfactory history of cooperation or there is a high level of parental conflict, the court may order the parties to use supervised visitation and safe exchange centers or alternative safe locations to facilitate the exercise of residential time.
[ 2012 c 223 § 5; 2007 c 496 § 401.]
NOTES:
*Reviser's note: Chapter 28B.04 RCW expired August 1, 2015, pursuant to 2015 c 55 § 101.
Part headings not law—2007 c 496: See note following RCW 26.09.002.
Structure Revised Code of Washington
Chapter 26.09 - Dissolution Proceedings—Legal Separation.
26.09.003 - Policy—Intent—Findings.
26.09.006 - Mandatory use of approved forms.
26.09.010 - Civil practice to govern—Designation of proceedings—Decrees.
26.09.015 - Mediation proceedings.
26.09.016 - Mediation in cases involving domestic violence or child abuse.
26.09.070 - Separation contracts.
26.09.080 - Disposition of property and liabilities—Factors.
26.09.090 - Maintenance orders for either spouse or either domestic partner—Factors.
26.09.100 - Child support—Apportionment of expense—Periodic adjustments or modifications.
26.09.105 - Child support—Medical support—Conditions.
26.09.120 - Support or maintenance payments—To whom paid.
26.09.135 - Order or decree for child support—Compliance with RCW 26.23.050.
26.09.138 - Mandatory assignment of public retirement benefits—Remedies exclusive.
26.09.140 - Payment of costs, attorneys' fees, etc.
26.09.165 - Court orders—Required language.
26.09.175 - Modification of order of child support.
26.09.181 - Procedure for determining permanent parenting plan.
26.09.182 - Permanent parenting plan—Determination of relevant information.
26.09.184 - Permanent parenting plan.
26.09.187 - Criteria for establishing permanent parenting plan.
26.09.191 - Restrictions in temporary or permanent parenting plans.
26.09.194 - Proposed temporary parenting plan—Temporary order—Amendment—Vacation of order.
26.09.197 - Issuance of temporary parenting plan—Criteria.
26.09.210 - Parenting plans—Interview with child by court—Advice of professional personnel.
26.09.220 - Parenting arrangements—Investigation and report—Appointment of guardian ad litem.
26.09.225 - Access to child's education and health care records.
26.09.231 - Residential time summary report.
26.09.255 - Remedies when a child is taken, enticed, or concealed.
26.09.260 - Modification of parenting plan or custody decree.
26.09.280 - Parenting plan or child support modification or enforcement—Venue.
26.09.285 - Designation of custody for the purpose of other state and federal statutes.
26.09.290 - Final decree of dissolution nunc pro tunc.
26.09.310 - Provision of health care to minor—Immunity of health care provider.
26.09.315 - Child custody issues—Abduction by parent—Information.
26.09.420 - Grant of authority.
26.09.430 - Notice requirement.
26.09.440 - Notice—Contents and delivery.
26.09.450 - Notice—Relocation within the same school district.
26.09.460 - Limitation of notices.
26.09.470 - Failure to give notice.
26.09.480 - Objection to relocation or proposed revised residential schedule.
26.09.490 - Required provision in residential orders.
26.09.500 - Failure to object.
26.09.520 - Basis for determination.
26.09.525 - Substantially equal residential time.
26.09.530 - Factor not to be considered.
26.09.540 - Objections by nonparents.
26.09.560 - Priority for hearing.
26.09.900 - Construction—Pending divorce actions.
26.09.901 - Conversion of pending action to dissolution proceeding.
26.09.902 - RCW 26.09.900 and 26.09.901 deemed in effect on July 16, 1973.
26.09.907 - Construction—Pending actions as of January 1, 1988.
26.09.909 - Decrees entered into prior to January 1, 1988.
26.09.910 - Short title—1987 c 460.
26.09.911 - Section captions—1987 c 460.
26.09.912 - Effective date—1987 c 460.
26.09.915 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.