title: RCW 26.09.500

text:
(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 s 12.]
Notes:
Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405.

catchline: Failure to object.


doc_type: statute

jurisdiction: wa

title: RCW 26.09.510

text:
(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 s 5022; 2000 c 21 s 13.]
Notes:
*Reviser's note: Chapter 26.10 RCW, with the exception of RCW 26.10.115, was repealed by 2020 c 312 s 905. RCW 26.10.115 was repealed by 2021 c 215 s 170, effective July 1, 2022.
Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Temporary orders.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 26.09.520

text:
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 or 26.09.192;
(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.
[ 2025 c 166 s 7; 2019 c 79 s 3; 2000 c 21 s 14.]
Notes:
Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405.

catchline: Basis for determination.


title: RCW 26.09.525

text:
(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 s 1.]

catchline: Substantially equal residential time.


title: RCW 26.09.530

text:
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 s 15.]
Notes:
Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405.

catchline: Factor not to be considered.


title: RCW 26.09.540

text:
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 s 16.]
Notes:
Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405.

catchline: Objections by nonparents.


title: RCW 26.09.550

text:
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 s 17.]
Notes:
Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405.

catchline: Sanctions.


title: RCW 26.09.560

text:
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 s 18.]
Notes:
Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405.

catchline: Priority for hearing.


title: RCW 26.09.900

text:
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 s 1.]

catchline: Construction—Pending divorce actions.


title: RCW 26.09.901

text:
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 s 2.]

catchline: Conversion of pending action to dissolution proceeding.


title: RCW 26.09.902

text:
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 s 3.]

catchline: RCW 26.09.900 and 26.09.901 deemed in effect on July 16, 1973.


title: RCW 26.09.907

text:
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 s 17; 1987 c 460 s 23.]

catchline: Construction—Pending actions as of January 1, 1988.


title: RCW 26.09.909

text:
(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 s 16; 1989 c 375 s 18; 1987 c 460 s 24.]
Notes:
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.

catchline: Decrees entered into prior to January 1, 1988.


title: RCW 26.09.910

text:
This act shall be known as the parenting act of 1987.
[ 1987 c 460 s 57.]

catchline: Short title—1987 c 460.


title: RCW 26.09.911

text:
Section captions as used in this act do not constitute any part of the law.
[ 1987 c 460 s 58.]

catchline: Section captions—1987 c 460.


title: RCW 26.09.912

text:
This act shall take effect on January 1, 1988.
[ 1987 c 460 s 59.]

catchline: Effective date—1987 c 460.


title: RCW 26.09.915

text:
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 s 65.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 26.09.916

text:
The department is granted rule-making authority to adopt rules necessary for the implementation of chapter 227, Laws of 2020.
[ 2020 c 227 s 14.]
Notes:
Findings—Intent—2020 c 227: See note following RCW 26.09.320.

catchline: Rule-making authority—2020 c 227.


title: RCW 26.11.010

text:
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 s 1.]

catchline: Definitions.


title: RCW 26.11.020

text:
(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 s 2.]

catchline: Petition for visitation—Criteria—Ongoing and substantial relationship with child—Relatives—Likelihood of harm to child.


title: RCW 26.11.030

text:
(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 s 3.]
Notes:
*Reviser's note: RCW 13.04.030 was amended by 2020 c 41 s 4, deleting subsection (1)(j).

catchline: Venue—Filing requirements—Affidavit—Notice—Hearing—Temporary visitation orders not authorized.


title: RCW 26.11.040

text:
(1)(a) At a hearing pursuant to RCW 26.11.030(8), the court shall enter an order granting visitation if it finds that the child would likely suffer harm or the substantial risk of harm if visitation between the petitioner and the child is not granted and that granting visitation between the child and the petitioner is in the best interest of the child.
(b) An order granting visitation does not confer upon the petitioner the rights and duties of a parent.
(2) In making its determination, the court shall consider the respondent's reasons for denying visitation. It is presumed that a fit parent's decision to deny visitation is in the best interest of the child and does not create a likelihood of harm or a substantial risk of harm to the child.
(3) To rebut the presumption in subsection (2) of this section, the petitioner must prove by clear and convincing evidence that the child would likely suffer harm or the substantial risk of harm if visitation between the petitioner and the child were not granted.
(4) If the court finds that the petitioner has met the standard for rebutting the presumption in subsection (2) of this section, or if there is no presumption because no parent has custody of the child, the court shall consider whether it is in the best interest of the child to enter an order granting visitation. The petitioner must prove by clear and convincing evidence that visitation is in the child's best interest. In determining whether it is in the best interest of the child, the court shall consider the following, nonexclusive factors:
(a) The love, affection, and strength of the current relationship between the child and the petitioner and how the relationship is beneficial to the child;
(b) The length and quality of the prior relationship between the child and the petitioner before the respondent denied visitation, including the role performed by the petitioner and the emotional ties that existed between the child and the petitioner;
(c) The relationship between the petitioner and the respondent;
(d) The love, affection, and strength of the current relationship between the child and the respondent;
(e) The nature and reason for the respondent's objection to granting the petitioner visitation;
(f) The effect that granting visitation will have on the relationship between the child and the respondent;
(g) The residential time-sharing arrangements between the parties having residential time with the child;
(h) The good faith of the petitioner and respondent;
(i) Any history of physical, emotional, or sexual abuse or neglect by the petitioner, or any history of physical, emotional, or sexual abuse or neglect by a person residing with the petitioner if visitation would involve contact between the child and the person with such history;
(j) The child's reasonable preference, if the court considers the child to be of sufficient age to express a preference;
(k) Any other factor relevant to the child's best interest; and
(l) The fact that the respondent has not lost his or her parental rights by being adjudicated as an unfit parent.
[ 2018 c 183 s 4.]

catchline: Orders granting visitation—Factors for consideration by the court—Best interest of the child—Presumption in favor of fit parent's decision—Rebuttal.


title: RCW 26.11.050

text:
(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 s 5.]

catchline: Attorneys' fees—Transportation costs.


title: RCW 26.11.060

text:
(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 s 6.]
Notes:
*Reviser's note: RCW 13.04.030 was amended by 2020 c 41 s 4, deleting subsection (1)(j).

catchline: Modification or termination of orders granting visitation—Substantial change of circumstances.


title: RCW 26.12.010

text:
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 s 6; 1994 sp.s. c 7 s 537; 1991 c 367 s 11; 1983 c 219 s 1; 1949 c 50 s 1; Rem. Supp. 1949 s 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.

catchline: Jurisdiction conferred on superior court—Family court proceeding defined.


title: RCW 26.12.020

text:
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 s 2; Rem. Supp. 1949 s 997-31.]

catchline: Designation of judge—Number of sessions.


title: RCW 26.12.030

text:
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 s 3; Rem. Supp. 1949 s 997-32.]

catchline: Transfer of cases to presiding judge.


title: RCW 26.12.040

text:
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 s 692; 1949 c 50 s 4; Rem. Supp. 1949 s 997-33.]

catchline: Substitute judge of family court.


title: RCW 26.12.050

text:
(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 s 1; 1991 c 363 s 17; 1989 c 199 s 1; 1965 ex.s. c 83 s 1; 1949 c 50 s 5; Rem. Supp. 1949 s 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 s 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.

catchline: Family courts—Appointment of assistants.


title: RCW 26.12.060

text:
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 s 7; 1993 c 289 s 3; 1991 c 367 s 12; 1988 c 232 s 4; 1949 c 50 s 6; Rem. Supp. 1949 s 997-35.]
Notes:
Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015.

catchline: Court commissioners—Duties.


title: RCW 26.12.070

text:
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 s 7; Rem. Supp. 1949 s 997-36.]
Notes:
Indeterminate sentences: Chapter 9.95 RCW.
Probation officers—Appointment—Powers—Compensation: RCW 13.04.040.

catchline: Probation officers—Powers and duties.


title: RCW 26.12.080

text:
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 s 22; 1949 c 50 s 8; Rem. Supp. 1949 s 997-37.]

catchline: Protection of privacy of parties.


title: RCW 26.12.160

text:
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 s 16; Rem. Supp. 1949 s 997-45.]

catchline: When and where court may be convened.


title: RCW 26.12.170

text:
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 s 241; 1994 c 267 s 3; 1991 c 367 s 13; 1983 c 219 s 5; 1971 ex.s. c 151 s 2; 1949 c 50 s 17; Rem. Supp. 1949 s 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.

catchline: Authority of family court judges and court commissioners to order or recommend services—Report by court of child abuse or neglect.


title: RCW 26.12.172

text:
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 s 3; 2008 c 6 s 1046; 1994 c 267 s 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.

catchline: Parenting seminars—Rules.


title: RCW 26.12.175

text:
(1)(a) The court may appoint a guardian ad litem to represent the interests of a minor or dependent child when the court believes the appointment of a guardian ad litem is necessary to protect the best interests of the child in any proceeding under this chapter. The court may appoint a guardian ad litem from the court-appointed special advocate program, if that program exists in the county. The court shall attempt to match a child with special needs with a guardian ad litem who has specific training or education related to the child's individual needs. The family court services professionals may also make a recommendation to the court regarding whether a guardian ad litem should be appointed for the child.
(b) The guardian ad litem's role is to investigate and report factual information regarding the issues ordered to be reported or investigated to the court. The guardian ad litem shall always represent the best interests of the child. Guardians ad litem under this title may make recommendations based upon his or her investigation, which the court may consider and weigh in conjunction with the recommendations of all of the parties. If a child expresses a preference regarding the parenting plan, the guardian ad litem shall report the preferences to the court, together with the facts relative to whether any preferences are being expressed voluntarily and the degree of the child's understanding. The court may require the guardian ad litem to provide periodic reports to the parties regarding the status of his or her investigation. The guardian ad litem shall file his or her report at least sixty days prior to trial.
(c) The parties to the proceeding may file with the court written responses to any report filed by the guardian ad litem. The court shall consider any written responses to a report filed by the guardian ad litem, including any factual information or recommendations provided in the report.
(d) The court shall enter an order for costs, fees, and disbursements to cover the costs of the guardian ad litem. The court may order either or both parents to pay for the costs of the guardian ad litem, according to their ability to pay. If both parents are indigent, the county shall bear the cost of the guardian, subject to appropriation for guardians' ad litem services by the county legislative authority. Guardians ad litem who are not volunteers shall provide the parties with an itemized accounting of their time and billing for services each month.
(2)(a) If the guardian ad litem appointed is from the county court-appointed special advocate program, the program shall supervise any guardian ad litem assigned to the case. The court-appointed special advocate program shall be entitled to notice of all proceedings in the case.
(b) The legislative authority of each county may authorize creation of a court-appointed special advocate program. The county legislative authority may adopt rules of eligibility for court-appointed special advocate program services that are not inconsistent with this section.
(3) Each guardian ad litem program for compensated guardians ad litem and each court-appointed special advocate program shall maintain a background information record for each guardian ad litem in the program. The background information record shall include, but is not limited to, the following information:
(a) Level of formal education;
(b) General training related to the guardian ad litem's duties;
(c) Specific training related to issues potentially faced by children in dissolution, custody, paternity, and other family law proceedings;
(d) Specific training or education related to child disability or developmental issues;
(e) Number of years' experience as a guardian ad litem;
(f) Number of appointments as a guardian ad litem and county or counties of appointment;
(g) The names of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause;
(h) Founded allegations of abuse or neglect as defined in RCW 26.44.020;
(i) The results of an examination that shall consist of a background check as allowed through the Washington state criminal records privacy act under RCW 10.97.050 and the Washington state patrol criminal identification system under RCW 43.43.832 through 43.43.834. This background check shall be done through the Washington state patrol criminal identification section; and
(j) Criminal history, as defined in RCW 9.94A.030, for the period covering ten years prior to the appointment.
The background information record shall be updated annually. As a condition of appointment, the guardian ad litem's background information record shall be made available to the court. If the appointed guardian ad litem is not a member of a guardian ad litem program the person appointed as guardian ad litem shall provide the background information record to the court.
Upon appointment, the guardian ad litem, court-appointed special advocate program or guardian ad litem program, shall provide the parties or their attorneys with a copy of the background information record. The portion of the background information record containing the results of the criminal background check and the criminal history shall not be disclosed to the parties or their attorneys. The background information record shall not include identifying information that may be used to harm a guardian ad litem, such as home addresses and home telephone numbers, and for volunteer guardians ad litem the court may allow the use of maiden names or pseudonyms as necessary for their safety.
(4) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program shall give the court the name of the person it recommends. The court shall immediately appoint the person recommended by the program.
(5) If a party in a case reasonably believes the court-appointed special advocate or volunteer guardian ad litem is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must complete the review within five judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate or volunteer guardian ad litem on the grounds the advocate or volunteer is inappropriate or unqualified.
[ 2011 c 292 s 6; 2009 c 480 s 3; 2000 c 124 s 6; 1996 c 249 s 15; 1993 c 289 s 4; 1991 c 367 s 17.]
Notes:
Grievance rules—2000 c 124: See note following RCW 13.34.100.
Intent—1996 c 249: See note following RCW 2.56.030.
Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015.

catchline: Appointment of guardian ad litem—Independent investigation—Court-appointed special advocate program—Background information—Review of appointment.


title: RCW 26.12.177

text:
(1) All guardians ad litem appointed under this title must comply with the training requirements established under RCW 2.56.030(15), prior to their appointment in cases under Title 26 RCW, except that volunteer guardians ad litem or court-appointed special advocates may comply with alternative training requirements approved by the administrative office of the courts that meet or exceed the statewide requirements. In cases involving allegations of limiting factors under RCW 26.09.191 or 26.09.192, the guardians ad litem appointed under this title must have additional relevant training under RCW 2.56.030(15) when it is available.
(2)(a) Each guardian ad litem program for compensated guardians ad litem shall establish a rotational registry system for the appointment of guardians ad litem under this title. If a judicial district does not have a program the court shall establish the rotational registry system. Guardians ad litem under this title shall be selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of a guardian ad litem from the registry.
(b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the registry and given to the parties along with the background information record as specified in RCW 26.12.175(3), including their hourly rate for services. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the court shall make the appointment from the names on the list. In the event all three names are stricken the person whose name appears next on the registry shall be appointed.
(c) If a party reasonably believes that the appointed guardian ad litem is inappropriate or unqualified, charges an hourly rate higher than what is reasonable for the particular proceeding, or has a conflict of interest, the party may, within three judicial days from the appointment, move for substitution of the appointed guardian ad litem by filing a motion with the court.
(d) Under this section, within either registry referred to in (a) of this subsection, a subregistry may be created that consists of guardians ad litem under contract with the department of social and health services' division of child support. Guardians ad litem on such a subregistry shall be selected and appointed in state-initiated paternity cases only.
(e) The superior court shall remove any person from the guardian ad litem registry who has been found to have misrepresented his or her qualifications.
(3) The rotational registry system shall not apply to court-appointed special advocate programs.
[ 2025 c 166 s 8; 2011 c 292 s 7; 2009 c 480 s 4; 2007 c 496 s 305; 2005 c 282 s 30; 2000 c 124 s 7; 1997 c 41 s 7; 1996 c 249 s 18.]
Notes:
Part headings not law—2007 c 496: See note following RCW 26.09.002.
Intent—1996 c 249: See note following RCW 2.56.030.


title: RCW 26.12.180

text:
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 s 8.]

catchline: Guardian ad litem, special advocate, or investigator—Information discoverable—Confidentiality.


title: RCW 26.12.183

text:
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 s 15.]

catchline: Guardian ad litem or investigator—Fees.


title: RCW 26.12.185

text:
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 s 41; 2000 c 124 s 9; 1999 c 390 s 4.]

catchline: Guardian ad litem, special advocate, or investigator—Release of information.


title: RCW 26.12.187

text:
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 s 12.]

catchline: Guardian ad litem, special advocate, or investigator—Ex parte communications—Removal.


title: RCW 26.12.188

text:
(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 s 5.]

catchline: Appointment of investigators—Training requirements.


title: RCW 26.12.190

text:
(1) The family court shall have jurisdiction and full power in all pending cases to make, alter, modify, and enforce all temporary and permanent orders regarding the following: Parenting plans, child support, custody of children, visitation, possession of property, maintenance, contempt, custodial interference, and orders for attorneys' fees, suit money or costs as may appear just and equitable. Court commissioners or judges shall not have authority to require the parties to mediate disputes concerning child support.
(2) Family court investigation, evaluation, mediation, treatment, and reconciliation services, and any other services may be used to assist the court to develop an order as the court deems necessary to preserve the marriage or the domestic partnership, implement an amicable settlement, and resolve the issues in controversy.
[ 2008 c 6 s 1025; 1991 c 367 s 14; 1983 c 219 s 7; 1949 c 50 s 19; Rem. Supp. 1949 s 997-48.]
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.

catchline: Family court jurisdiction as to pending actions—Use of family court services.


title: RCW 26.12.205

text:
The family court shall give proceedings involving children priority over cases without children.
[ 1991 c 367 s 16.]
Notes:
Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015.

catchline: Priority for proceedings involving children.


title: RCW 26.12.215

text:
All acts and proceedings of the court commissioners shall be subject to revision by the superior court as provided in RCW 2.24.050.
[ 1991 c 367 s 18.]
Notes:
Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015.

catchline: Revision by the superior court.


title: RCW 26.12.220

text:
(1) The legislative authority of any county may authorize family court services as provided in RCW 26.12.230. The legislative authority may impose a fee in excess of that prescribed in RCW 36.18.010 for the issuance of a marriage license. The fee shall not exceed eight dollars.
(2) In addition to any other funds used therefor, the governing body of any county shall use the proceeds from the fee increase authorized by this section to pay the expenses of the family court and the family court services under chapter 26.12 RCW. If there is no family court in the county, the legislative authority may provide such services through other county agencies or may contract with a public or private agency or person to provide such services. Family court services also may be provided jointly with other counties as provided in RCW 26.12.230.
(3) The family court services program may hire professional employees to provide the investigation, evaluation and reporting, and mediation services, or the county may contract for these services, or both. To facilitate and promote the purposes of this chapter, the court may order or recommend the aid of physicians, psychiatrists, or other specialists.
(4) The family court services program may provide or contract for: (a) Mediation; (b) investigation, evaluation, and reporting to the court; and (c) reconciliation; and may provide a referral mechanism for drug and alcohol testing, monitoring, and treatment; and any other treatment, parenting, or anger management programs the family court professional considers necessary or appropriate.
(5) Services other than family court investigation, evaluation, reconciliation, and mediation services shall be at the expense of the parties involved absent a court order to the contrary. The parties shall bear all or a portion of the cost of parenting seminars and family court investigation, evaluation, reconciliation, and mediation services according to the parties' ability to pay.
(6) The county legislative authority may establish rules of eligibility for the family court services funded under this section. The rules shall not conflict with rules of the court adopted under chapter 26.12 RCW or any other statute.
(7) The legislative authority may establish fees for family court investigation, evaluation, reconciliation, and mediation services under this chapter according to the parties' ability to pay for the services. Fees collected under this section shall be collected and deposited in the same manner as other county funds are collected and deposited, and shall be maintained in a separate account to be used as provided in this section.
[ 1994 c 267 s 4; 1991 c 367 s 15; 1980 c 124 s 1.]
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.

catchline: Funding family court or family court services—Increase in marriage license fee authorized—Family court services program—Fees.


title: RCW 26.12.230

text:
(1) Any county may contract under chapter 39.34 RCW with any other county or counties to provide joint family court services.
(2) Any agreement between two or more counties for the operation of a joint family court service may provide that the treasurer of one participating county shall be the custodian of moneys made available for the purposes of the joint services, and that the treasurer may make payments from the moneys upon proper authorization.
(3) Any agreement between two or more counties for the operation of a joint family court service may also provide:
(a) For the joint provision or operation of services and facilities or for the provision or operation of services and facilities by one participating county under contract for the other participating counties;
(b) For appointments of members of the staff of the family court including the supervising counselor;
(c) That, for specified purposes, the members of the staff of the family court including the supervising counselor, but excluding the judges of the family court and other court personnel, shall be considered to be employees of one participating county;
(d) For other matters as are necessary to carry out the purposes of this chapter.
(4) The provisions of this chapter relating to family court services provided by a single county are equally applicable to counties which contract, under this section, to provide joint family court services.
[ 1986 c 95 s 3.]

catchline: Joint family court services.


title: RCW 26.12.240

text:
A county may create a courthouse facilitator program to provide basic services to pro se litigants in family law cases. The legislative authority of any county may impose user fees or may impose a surcharge of up to twenty dollars on only those superior court cases filed under Title 26 RCW, or both, to pay for the expenses of the courthouse facilitator program. Fees collected under this section shall be collected and deposited in the same manner as other county funds are collected and deposited, and shall be maintained in a separate account to be used as provided in this section.
[ 2005 c 457 s 15; 1993 c 435 s 2.]
Notes:
Intent—2005 c 457: See note following RCW 43.08.250.

catchline: Courthouse facilitator program—Fee or surcharge.


title: RCW 26.12.260

text:
(1) After July 1, 2009, but no later than November 1, 2009, a county may, and to the extent state funding is provided to meet the minimum requirements of the program a county shall, create a program to provide services to all parties involved in proceedings under chapter 26.09 RCW. Minimum components of this program shall include: (a) An individual to serve as an initial point of contact for parties filing petitions for dissolutions or legal separations under chapter 26.09 RCW; (b) informing parties about courthouse facilitation programs and orientations; (c) informing parties of alternatives to filing a dissolution petition, such as marriage or domestic partnership counseling; (d) informing parties of alternatives to litigation including counseling, legal separation, and mediation services if appropriate; (e) informing parties of supportive family services available in the community; (f) screening for referral for services in the areas of domestic violence as defined in RCW 7.105.010, child abuse, substance abuse, and mental health; and (g) assistance to the court in superior court cases filed under chapter 26.09 RCW.
(2) This program shall not provide legal advice. No attorney-client relationship or privilege is created, by implication or by inference, between persons providing basic information under this section and the participants in the program.
(3) The legislative authority of any county may impose user fees or may impose a surcharge of up to twenty dollars on only those superior court cases filed under this title, or both, to pay for the expenses of this program. Fees collected under this section shall be collected and deposited in the same manner as other county funds are collected and deposited, and shall be maintained in a separate account to be used as provided in this section. The program shall provide services to indigent persons at no expense.
(4) Persons who implement the program shall be appointed in the same manner as investigators, stenographers, and clerks as described in RCW 26.12.050.
(5) If the county has a program under this section, any petition under RCW 26.09.020 must allege that the moving party met and conferred with the program prior to the filing of the petition.
(6) If the county has a program under this section, parties shall meet and confer with the program prior to participation in mediation under RCW 26.09.016.
[ 2021 c 215 s 136; 2008 c 6 s 1047; 2007 c 496 s 201.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective date—2008 c 6 s 1047: "Section 1047 of this act takes effect July 1, 2009." [ 2008 c 6 s 1306.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Effective dates—2007 c 496 ss 201, 202, 204, and 501: "(1) Sections 201 and 204 of this act take effect July 1, 2009.
(2) Section 202 of this act takes effect January 1, 2008.
(3) Section 501 of this act takes effect January 1, 2009." [ 2007 c 496 s 805.]
Part headings not law—2007 c 496: See note following RCW 26.09.002.

catchline: Program to provide services to parties involved in dissolutions and legal separations—Fees.


title: RCW 26.12.270

text:
The court shall act in accordance with the requirements of the address confidentiality program pursuant to chapter 40.24 RCW in the course of all proceedings under this title. A court order for information protected by the address confidentiality program may only be issued upon completing the requirements of RCW 40.24.075.
[ 2012 c 223 s 8.]

catchline: Address confidentiality program.


title: RCW 26.12.800

text:
The legislature recognizes the increasing incidence of concurrent involvement of family members in multiple areas of the justice system. Analysis shows significant case overlap in the case types of juvenile offender, juvenile dependency, at-risk youth, child in need of services, truancy, domestic violence, and domestic relations. Also recognized is the increased complexity of the problems facing family members and the increased complexity of the laws affecting families. It is believed that in such situations, an efficient and effective response is through the creation of a unified court system centered around the family that: Provides a dedicated, trained, and informed judiciary; incorporates case management practices based on a family's judicial system needs; enables multiple case type resolution by one judicial officer or judicial team; provides coordinated legal and social services; and considers and evaluates the needs of the family as a whole.
[ 1999 c 397 s 1.]

catchline: Family court pilot program—Legislative recognition.


title: RCW 26.12.802

text:
The administrative office of the courts shall conduct a unified family court pilot program.
(1) Pilot program sites shall be selected through a request for proposal process, and shall be established in no more than three superior court judicial districts.
(2) To be eligible for consideration as a pilot project site, judicial districts must have a statutorily authorized judicial complement of at least five judges.
(3) The administrative office of the courts shall develop criteria for the unified family court pilot program. The pilot program shall include:
(a) All case types under Title 13 RCW, chapters 26.09, 26.12, 26.18, 26.19, 26.20, 26.26A, 26.26B, 26.27, and 28A.225 RCW, and domestic violence protection order cases under chapter 7.105 RCW;
(b) Unified family court judicial officers, who volunteer for the program, and meet training requirements established by local court rule;
(c) Case management practices that provide a flexible response to the diverse court-related needs of families involved in multiple areas of the justice system. Case management practices should result in a reduction in process redundancies and an efficient use of time and resources, and create a system enabling multiple case type resolution by one judicial officer or judicial team;
(d) A court facilitator to provide assistance to parties with matters before the unified family court; and
(e) An emphasis on providing nonadversarial methods of dispute resolution such as a settlement conference, evaluative mediation by attorney mediators, and facilitative mediation by nonattorney mediators.
(4) The administrative office of the courts shall publish and disseminate a state-approved listing of definitions of nonadversarial methods of dispute resolution so that court officials, practitioners, and users can choose the most appropriate process for the matter at hand.
(5) The administrative office of the courts shall provide to the judicial districts selected for the pilot program the computer resources needed by each judicial district to implement the unified family court pilot program.
(6) The administrative office of the courts shall conduct a study of the pilot program measuring improvements in the judicial system's response to family involvement in the judicial system. The administrator for the courts shall report preliminary findings and final results of the study to the governor, the chief justice of the supreme court, and the legislature on a biennial basis. The initial report is due by July 1, 2000, and the final report is due by December 1, 2004.
[ 2021 c 215 s 137; 2019 c 46 s 5023; 2005 c 282 s 31; 1999 c 397 s 2.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.

catchline: Family court pilot program—Created.


title: RCW 26.12.804

text:
The judges of the superior court judicial districts with unified family court pilot programs shall adopt local court rules directing the program. The local court rules shall comply with the criteria established by the administrative office of the courts and shall include:
(1) A requirement that all judicial officers hearing cases in unified family court:
(a) Complete an initial training program including the topic areas of childhood development, domestic violence, cultural awareness, child abuse and neglect, chemical dependency, and mental illness; and
(b) Subsequent to the training in (a) of this subsection, annually attend a minimum of eight hours of continuing education of pertinence to the unified family court;
(2) Case management that is based on the practice of one judge or judicial team handling all matters relating to a family;
(3) An emphasis on coordinating or consolidating, to the extent possible, all cases before the unified family court relating to a family; and
(4) Programs that provide for record confidentiality to protect the confidentiality of court records in accordance with the law. However law enforcement agencies shall have access to the records to the extent permissible under the law.
[ 2005 c 282 s 32; 1999 c 397 s 3.]

catchline: Family court pilot program—Rules.


title: RCW 26.14.005

text:
This act [chapter] may be known and cited as the uniform family law arbitration act.
[ 2023 c 61 s 1.]

catchline: Short title—2023 c 61.


title: RCW 26.14.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Arbitration agreement" means an agreement that subjects a family law dispute to arbitration.
(2) "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration or is involved in the selection of an arbitrator.
(3) "Arbitrator" means an individual selected, alone or with others, to make an award in a family law dispute that is subject to an arbitration agreement.
(4) "Child-related dispute" means a family law dispute regarding legal custody, physical custody, custodial responsibility, parental responsibility or authority, parenting time, right to access, visitation, or financial support regarding a child.
(5) "Court" means the family court.
(6) "Family law dispute" means a contested issue arising under the domestic relations law of this state.
(7) "Party" means an individual who signs an arbitration agreement and whose rights will be determined by an award.
(8) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal entity.
(9) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(10) "Sign" means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound, or process.
(11) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.
[ 2023 c 61 s 2.]

catchline: Definitions.


title: RCW 26.14.020

text:
(1) This chapter governs arbitration of a family law dispute.
(2) This chapter does not authorize an arbitrator to make an award that:
(a) Grants a legal separation or dissolution of marriage or domestic partnership, or annulment;
(b) Terminates parental rights;
(c) Grants an adoption or a guardianship of a child or incapacitated individual; or
(d) Determines the status of dependency.
(3) This chapter does not apply to:
(a) Any arbitration governed by chapter 7.06 RCW;
(b) Proceedings under Title 13 RCW;
(c) Jurisdictional determinations under chapter 26.27 RCW;
(d) Proceedings under RCW 26.26A.465;
(e) Writs of habeas corpus;
(f) Disputes as to personal or subject matter jurisdiction;
(g) Determination of venue;
(h) Issuance, modification, or termination of protection orders under chapter 7.105 RCW; and
(i) Delegation of the court's authority to permanently modify a parenting plan based on a finding of substantial change in circumstances.
[ 2023 c 61 s 3.]

catchline: Scope.


title: RCW 26.14.030

text:
(1) Except as otherwise provided in this chapter, the law applicable to arbitration is chapter 7.04A RCW.
(2) In determining the merits of a family law dispute, an arbitrator shall apply the law of this state, including its choice of law rules.
[ 2023 c 61 s 4.]

catchline: Applicable law.


title: RCW 26.14.040

text:
(1) An arbitration agreement must:
(a) Be in a record signed by the parties;
(b) Identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator; and
(c) Identify the family law dispute the parties intend to arbitrate.
(2) Except as otherwise provided in subsection (3) of this section, an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.
(3) An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenforceable unless:
(a) The parties affirm the agreement in a record after the dispute arises; or
(b) The agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding.
(4) If a party objects to arbitration on the ground the arbitration agreement is unenforceable or the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute.
[ 2023 c 61 s 5.]

catchline: Arbitration agreement.


title: RCW 26.14.050

text:
A party may initiate arbitration by giving notice to arbitrate to the other party in the manner specified in the arbitration agreement or, in the absence of a specified manner, under the law and procedural rules of this state other than this chapter governing contractual arbitration.
[ 2023 c 61 s 6.]

catchline: Notice of arbitration.


title: RCW 26.14.060

text:
(1) A motion for judicial relief under this chapter must be made to the court in which a proceeding is pending involving a family law dispute subject to arbitration.
(2) On motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement that complies with RCW 26.14.040 unless the court determines under RCW 26.14.110 that the arbitration should not proceed.
(3) On motion of a party, the court shall terminate arbitration if it determines that:
(a) The agreement to arbitrate is unenforceable;
(b) The family law dispute is not subject to arbitration; or
(c) Under RCW 26.14.110, the arbitration should not proceed.
(4) Unless prohibited by an arbitration agreement, on motion of a party, the court may order consolidation of separate arbitrations involving the same parties and a common issue of law or fact if necessary for the fair and expeditious resolution of the family law dispute.
[ 2023 c 61 s 7.]

catchline: Motion for judicial relief.


title: RCW 26.14.070

text:
(1) Except as otherwise provided in subsection (2) of this section, unless waived in a record by the parties, an arbitrator must be:
(a) An attorney in good standing admitted to practice in this state, with a minimum of five years of experience practicing family law, which must make up no less than 50 percent of the attorney's practice, or a former judicial officer, including a former pro tem judicial officer; and
(b) Trained in child development, child and juvenile mental health issues, identifying domestic violence and child abuse, and trauma-informed practices. This training must consist of at least seven hours every year. Former judicial officers are not required to receive additional training for one year following the end of their judicial service.
(2) The identification of an arbitrator, arbitration organization, or method of selection of the arbitrator in the arbitration agreement controls.
(3) If an arbitrator is unable or unwilling to act or if the agreed-on method of selecting an arbitrator fails, on motion of a party, the court shall select an arbitrator.
[ 2023 c 61 s 8.]

catchline: Qualification and selection of arbitrator.


title: RCW 26.14.080

text:
(1) Before agreeing to serve as an arbitrator, an individual, after making reasonable inquiry, shall disclose to all parties any known fact a reasonable person would believe is likely to affect:
(a) The impartiality of the arbitrator in the arbitration, including bias, a financial or personal interest in the outcome of the arbitration, or an existing or past relationship with a party, attorney representing a party, or witness; or
(b) The arbitrator's ability to make a timely award.
(2) An arbitrator, the parties, and the attorneys representing the parties have a continuing obligation to disclose to all parties any known fact a reasonable person would believe is likely to affect the impartiality of the arbitrator or the arbitrator's ability to make a timely award.
(3) An objection to the selection or continued service of an arbitrator and a motion for a stay of arbitration and disqualification of the arbitrator must be made under the law and procedural rules of this state other than this chapter governing arbitrator disqualification.
(4) If a disclosure required by subsection (1)(a) or (2) of this section is not made, the court may:
(a) On motion of a party not later than thirty days after the failure to disclose is known or by the exercise of reasonable care should have been known to the party, suspend the arbitration;
(b) On timely motion of a party, vacate an award under RCW 26.14.180(1)(b); or
(c) If an award has been confirmed, grant other appropriate relief under law of this state other than this chapter.
(5) If the parties agree to discharge an arbitrator or the arbitrator is disqualified, the parties by agreement may select a new arbitrator or request the court to select another arbitrator as provided in RCW 26.14.070.
[ 2023 c 61 s 9.]


title: RCW 26.14.090

text:
(1) A party may:
(a) Be represented in an arbitration by an attorney;
(b) Be accompanied by an individual who will not be called as a witness or act as an advocate; and
(c) Participate in the arbitration to the full extent permitted under the law and procedural rules of this state other than this chapter governing a party's participation in contractual arbitration.
(2) A party or representative of a party may not communicate ex parte with the arbitrator except to the extent allowed in a family law proceeding for communication with a judge.
[ 2023 c 61 s 10.]

catchline: Party participation.


title: RCW 26.14.100

text:
(1) Before an arbitrator is selected and able to act, on motion of a party, the court may enter a temporary order granting any of the relief provided in RCW 26.09.060 and 26.09.197.
(2) After an arbitrator is selected:
(a) The arbitrator may make a temporary award granting any of the relief provided in RCW 26.09.060 and 26.09.197, except for relief pertaining to a protection order as defined in RCW 26.14.110, in which case the procedures under RCW 26.14.110 apply; and
(b) If the matter is urgent and the arbitrator is not able to act in a timely manner or provide an adequate remedy, on motion of a party, the court may enter a temporary order, pending further hearing by the arbitrator or the court.
(3) On motion of a party, before the court confirms a final award, the court under RCW 26.14.150, 26.14.170, or 26.14.180 may confirm, correct, vacate, or amend a temporary award made under subsection (2)(a) of this section.
(4) On motion of a party, the court may enforce a subpoena or interim award issued by an arbitrator for the fair and expeditious disposition of the arbitration.
[ 2023 c 61 s 11.]

catchline: Temporary order or award.


title: RCW 26.14.110

text:
(1) For the purposes of this section, "protection order" means an injunction or other order, issued under the domestic violence, family violence, or stalking laws of the issuing jurisdiction, to prevent an individual from engaging in a violent or threatening act against, harassment of, contact or communication with, or being in physical proximity to another individual who is a party or a child under the custodial responsibility of a party.
(2) If a party is subject to a protection order or has been convicted of a domestic violence offense, including child abuse, or if an arbitrator determines there is a reasonable basis to believe a party's safety or ability to participate effectively in arbitration is at risk, the arbitrator shall stay the arbitration and refer the parties to court. The arbitration may not proceed unless the party at risk affirms the arbitration agreement in a record and the court determines:
(a) The affirmation is informed and voluntary;
(b) Arbitration is not inconsistent with the protection order; and
(c) Reasonable procedures are in place to protect the party from risk of harm, harassment, or intimidation.
(3) This section supplements remedies available under law of this state other than this chapter for the protection of victims of domestic violence, family violence, stalking, harassment, or similar abuse.
[ 2023 c 61 s 12.]

catchline: Protection of party or child.


title: RCW 26.14.120

text:
(1) An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the dispute.
(2) An arbitrator shall provide each party a right to be heard and to present evidence material to the family law dispute.
(3) Unless the parties otherwise agree in a record, an arbitrator's powers include the power to:
(a) Select the rules for conducting the arbitration;
(b) Hold conferences with the parties before a hearing;
(c) Determine the date, time, and place of a hearing;
(d) Require a party to provide:
(i) A copy of a relevant court order;
(ii) Information required to be disclosed in a family law proceeding under law of this state other than this chapter; and
(iii) A proposed award that addresses each issue in arbitration;
(e) Appoint a private expert at the expense of the parties;
(f) Administer an oath or affirmation and issue a subpoena for the attendance of a witness or the production of documents and other evidence at a hearing;
(g) Compel discovery concerning the family law dispute and determine the date, time, and place of discovery;
(h) Determine the admissibility and weight of evidence;
(i) Permit deposition of a witness for use as evidence at a hearing;
(j) Issue a protective order to prevent the disclosure of privileged information, confidential information, and other information protected from disclosure as if the controversy were the subject of a civil action in this state;
(k) Appoint an attorney, guardian ad litem, or other representative for a child at the expense of the parties;
(l) Impose a procedure to protect a party or child from risk of harm, harassment, or intimidation;
(m) Allocate arbitration fees, attorneys' fees, expert witness fees, and other costs to the parties; and
(n) Impose a sanction on a party for bad faith or misconduct during the arbitration according to standards governing imposition of a sanction for litigant misconduct in a family law proceeding.
(4) An arbitrator may not allow ex parte communication except to the extent allowed in a family law proceeding for communication with a judge.
[ 2023 c 61 s 13.]

catchline: Powers and duties of arbitrator.


title: RCW 26.14.130

text:
(1) Except as otherwise provided in subsection (2) of this section or required by law of this state other than this chapter, an arbitration hearing need not be recorded unless required by the arbitrator, provided by the arbitration agreement, or requested by a party.
(2) An arbitrator shall record, electronically or otherwise, any part of an arbitration hearing concerning a child-related dispute.
[ 2023 c 61 s 14.]

catchline: Recording of hearing.


title: RCW 26.14.140

text:
(1) An arbitrator shall make an award in a record, dated and signed by the arbitrator. The arbitrator shall give notice of the award to each party by a method agreed on by the parties or, if the parties have not agreed on a method, under the law and procedural rules of this state other than this chapter governing notice in contractual arbitration.
(2) Except as otherwise provided in subsection (3) of this section, the award under this chapter must state the reasons on which it is based unless otherwise agreed by the parties.
(3) An award determining a child-related dispute must state the reasons on which it is based as required by law of this state other than this chapter for a court order in a family law proceeding.
(4) An award under this chapter is not enforceable as a judgment until confirmed under RCW 26.14.150.
[ 2023 c 61 s 15.]

catchline: Award.


title: RCW 26.14.150

text:
(1) After an arbitrator gives notice under RCW 26.14.140(1) of an award, including an award corrected under RCW 26.14.160, a party may move the court for an order confirming the award.
(2) Except as otherwise provided in subsection (3) of this section, the court shall confirm an award under this chapter if:
(a) The parties agree in a record to confirmation; or
(b) The time has expired for making a motion, and no motion is pending, under RCW 26.14.170 or 26.14.180.
(3) If an award determines a child-related dispute, the court shall confirm the award under subsection (2) of this section if the court finds, after a review of the record if necessary, that the award on its face:
(a) Complies with RCW 26.14.140 and law of this state other than this chapter governing a child-related dispute; and
(b) Is in the best interests of the child.
(4) On confirmation, an award under this chapter is enforceable as a judgment.
[ 2023 c 61 s 16.]

catchline: Confirmation of award.


title: RCW 26.14.160

text:
On motion of a party made not later than thirty days after an arbitrator gives notice under RCW 26.14.140(1) of an award, the arbitrator may correct the award:
(1) If the award has an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property;
(2) If the award is imperfect in a matter of form not affecting the merits on the issues submitted; or
(3) To clarify the award.
[ 2023 c 61 s 17.]

catchline: Correction by arbitrator of unconfirmed award.


title: RCW 26.14.170

text:
(1) On motion of a party made not later than ninety days after an arbitrator gives notice under RCW 26.14.140(1) of an award, including an award corrected under RCW 26.14.160, the court shall correct the award if:
(a) The award has an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property;
(b) The award is imperfect in a matter of form not affecting the merits of the issues submitted; or
(c) The arbitrator made an award on a dispute not submitted to the arbitrator and the award may be corrected without affecting the merits of the issues submitted.
(2) A motion under this section to correct an award may be joined with a motion to vacate or amend the award under RCW 26.14.180.
(3) Unless a motion under RCW 26.14.180 is pending, the court may confirm a corrected award under RCW 26.14.150.
[ 2023 c 61 s 18.]

catchline: Correction by court of unconfirmed award.


title: RCW 26.14.180

text:
(1) On motion of a party, the court shall vacate an unconfirmed award if the moving party establishes that:
(a) The award was procured by corruption, fraud, or other undue means;
(b) There was:
(i) Evident partiality by the arbitrator;
(ii) Corruption by the arbitrator; or
(iii) Misconduct by the arbitrator substantially prejudicing the rights of a party;
(c) The arbitrator refused to postpone a hearing on showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to RCW 26.14.120, so as to prejudice substantially the rights of a party;
(d) The arbitrator exceeded the arbitrator's powers;
(e) No arbitration agreement exists, unless the moving party participated in the arbitration without making a motion under RCW 26.14.060 not later than the beginning of the first arbitration hearing; or
(f) The arbitration was conducted without proper notice under RCW 26.14.050 of the initiation of arbitration, so as to prejudice substantially the rights of a party.
(2) Except as otherwise provided in subsection (3) of this section, on motion of a party, the court shall vacate an unconfirmed award that determines a child-related dispute if the moving party establishes that:
(a) The award does not comply with RCW 26.14.140 or law of this state other than this chapter governing a child-related dispute or is contrary to the best interests of the child;
(b) The record of the hearing or the statement of reasons in the award is inadequate for the court to review the award; or
(c) A ground for vacating the award under subsection (1) of this section exists.
(3) If an award is subject to vacation under subsection (2)(a) of this section, on motion of a party, the court may amend the award if amending rather than vacating is in the best interests of the child.
(4) The court may determine a motion under subsection (2) or (3) of this section based on the record of the arbitration hearing and facts occurring after the hearing or may exercise de novo review.
(5) A motion under this section to vacate or amend an award must be filed not later than ninety days:
(a) After an arbitrator gives the party filing the motion notice of the award or a corrected award; or
(b) For a motion under subsection (1)(a) of this section, after the ground of corruption, fraud, or other undue means is known or by the exercise of reasonable care should have been known to the party filing the motion.
(6) If the court under this section vacates an award for a reason other than the absence of an enforceable arbitration agreement, the court may order a rehearing before an arbitrator. If the reason for vacating the award is that the award was procured by corruption, fraud, or other undue means or there was evident partiality, corruption, or misconduct by the arbitrator, the rehearing must be before another arbitrator.
(7) If the court under this section denies a motion to vacate or amend an award, the court may confirm the award under RCW 26.14.150 unless a motion is pending under RCW 26.14.170.
[ 2023 c 61 s 19.]

catchline: Vacation or amendment by court of unconfirmed award.


title: RCW 26.14.190

text:
If the meaning or effect of an award confirmed under RCW 26.14.150 is in dispute, the parties may:
(1) Agree to arbitrate the dispute before the original arbitrator or another arbitrator; or
(2) Proceed in court under law of this state other than this chapter governing clarification of a judgment in a family law proceeding.
[ 2023 c 61 s 20.]

catchline: Clarification of confirmed award.


title: RCW 26.14.200

text:
(1) On granting an order confirming, vacating without directing a rehearing, or amending an award under this chapter, the court shall enter judgment in conformity with the order.
(2) On motion of a party, the court may order that a document or part of the arbitration record be sealed or redacted to prevent public disclosure of all or part of the record or award to the extent permitted under law of this state other than this chapter.
[ 2023 c 61 s 21.]

catchline: Judgment on award.


title: RCW 26.14.210

text:
If a party requests under law of this state other than this chapter a modification of an award confirmed under RCW 26.14.150 or judgment on the award based on a fact occurring after confirmation:
(1) The parties shall proceed under the dispute resolution method specified in the award or judgment; or
(2) If the award or judgment does not specify a dispute resolution method, the parties may:
(a) Agree to arbitrate the modification before the original arbitrator or another arbitrator; or
(b) Absent agreement, proceed under law of this state other than this chapter governing modification of a judgment in a family law proceeding.
[ 2023 c 61 s 22.]

catchline: Modification of confirmed award or judgment.


title: RCW 26.14.220

text:
(1) The court shall enforce an award confirmed under RCW 26.14.150, including a temporary award, in the manner and to the same extent as any other order or judgment of a court.
(2) The court shall enforce an arbitration award in a family law dispute confirmed by a court in another state in the manner and to the same extent as any other order or judgment from another state.
[ 2023 c 61 s 23.]

catchline: Enforcement of confirmed award.


title: RCW 26.14.230

text:
(1) An appeal may be taken under this chapter from:
(a) An order denying a motion to compel arbitration;
(b) An order granting a motion to stay arbitration;
(c) An order confirming or denying confirmation of an award;
(d) An order correcting an award;
(e) An order vacating an award without directing a rehearing; or
(f) A final judgment.
(2) An appeal under this section may be taken as from an order or a judgment in a civil action.
[ 2023 c 61 s 24.]

catchline: Appeal.


title: RCW 26.14.240

text:
(1) An arbitrator or arbitration organization acting in that capacity in a family law dispute is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.
(2) The immunity provided by this section supplements any immunity under law of this state other than this chapter.
(3) An arbitrator's failure to make a disclosure required by RCW 26.14.080 does not cause the arbitrator to lose immunity under this section.
(4) An arbitrator is not competent to testify, and may not be required to produce records, in a judicial, administrative, or similar proceeding about a statement, conduct, decision, or ruling occurring during an arbitration, to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection does not apply:
(a) To the extent disclosure is necessary to determine a claim by the arbitrator or arbitration organization against a party to the arbitration; or
(b) To a hearing on a motion under RCW 26.14.180(1) (a) or (b) to vacate an award, if there is prima facie evidence that a ground for vacating the award exists.
(5) If a person commences a civil action against an arbitrator arising from the services of the arbitrator or seeks to compel the arbitrator to testify or produce records in violation of subsection (4) of this section and the court determines that the arbitrator is immune from civil liability or is not competent to testify or required to produce the records, the court shall award the arbitrator reasonable attorneys' fees, costs, and reasonable expenses of litigation.
[ 2023 c 61 s 25.]

catchline: Immunity of arbitrator.


title: RCW 26.14.900

text:
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2023 c 61 s 26.]

catchline: Uniformity of application and construction.


title: RCW 26.14.901

text:
This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2023 c 61 s 27.]

catchline: Relation to electronic signatures in global and national commerce act.


title: RCW 26.14.902

text:
This chapter applies to arbitration of a family law dispute under an arbitration agreement made on or after January 1, 2024. If an arbitration agreement was made before January 1, 2024, the parties may agree in a record that this chapter applies to the arbitration.
[ 2023 c 61 s 28.]

catchline: Transitional provision.


title: RCW 26.14.903

text:
This act takes effect January 1, 2024.
[ 2023 c 61 s 29.]

catchline: Effective date—2023 c 61.


title: RCW 26.16.010

text:
Property and pecuniary rights owned by a spouse before marriage and that acquired by him or her afterwards by gift, bequest, devise, descent, or inheritance, with the rents, issues and profits thereof, shall not be subject to the debts or contracts of his or her spouse, and he or she may manage, lease, sell, convey, encumber or devise by will such property without his or her spouse joining in such management, alienation or encumbrance, as fully, and to the same extent or in the same manner as though he or she were unmarried.
[ 2008 c 6 s 602; Code 1881 s 2408; RRS s 6890. Prior: See Reviser's note below.]
Notes:
Reviser's note: For prior laws dealing with this subject see Laws 1879 pp 77-81; 1873 pp 450-455; 1871 pp 67-74; 1869 pp 318-323.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Construction: "The rule of common law that statutes in derogation thereof are to be strictly construed has no application to this chapter. This chapter establishes the law of the state respecting the subject to which it relates, and its provisions and all proceedings under it shall be liberally construed with a view to effect its object." [Code 1881 s 2417.]
"This chapter shall not be construed to operate retrospectively and any right established, accrued or accruing or in any thing done prior to the time this chapter goes into effect shall be governed by the law in force at the time such right was established or accrued." [Code 1881 s 2418.] This applies to RCW 26.16.010 through 26.16.040, 26.16.060, 26.16.120, 26.16.140 through 26.16.160, and 26.16.180 through 26.16.210.
Descent of separate real property: RCW 11.04.015.
Distribution of separate personal estate: RCW 11.04.015.
Rights of married persons or domestic partners in general: RCW 26.16.150.

catchline: Separate property of spouse.


title: RCW 26.16.020

text:
Property and pecuniary rights owned by a person in a state registered domestic partnership before registration of the domestic partnership or afterwards acquired by gift, bequest, devise, descent, or inheritance, with the rents, issues and profits thereof, shall not be subject to the debts or contracts of his or her domestic partner, and he or she may manage, lease, sell, convey, encumber or devise by will such property without his or her domestic partner joining in such management, alienation, or encumbrance, as fully, to the same extent and in the same manner as though he or she were not in a state registered domestic partnership.
[ 2008 c 6 s 603; Code 1881 s 2400; RRS s 6891. Prior: See Reviser's note following RCW 26.16.010.]
Notes:
Reviser's note: See notes following RCW 26.16.010.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Civil disabilities of wife abolished: RCW 26.16.160.
Earnings of spouse or domestic partner and minor children living apart: RCW 26.16.140.
Exemption of separate property of married person from attachment and execution upon liability of spouse: RCW 6.15.040.

catchline: Separate property of domestic partner.


title: RCW 26.16.030

text:
Property not acquired or owned, as prescribed in RCW 26.16.010 and 26.16.020, acquired after marriage or after registration of a state registered domestic partnership by either domestic partner or either husband or wife or both, is community property. Either spouse or either domestic partner, acting alone, may manage and control community property, with a like power of disposition as the acting spouse or domestic partner has over his or her separate property, except:
(1) Neither person shall devise or bequeath by will more than one-half of the community property.
(2) Neither person shall give community property without the express or implied consent of the other.
(3) Neither person shall sell, convey, or encumber the community real property without the other spouse or other domestic partner joining in the execution of the deed or other instrument by which the real estate is sold, conveyed, or encumbered, and such deed or other instrument must be acknowledged by both spouses or both domestic partners.
(4) Neither person shall purchase or contract to purchase community real property without the other spouse or other domestic partner joining in the transaction of purchase or in the execution of the contract to purchase.
(5) Neither person shall create a security interest other than a purchase money security interest as defined in *RCW 62A.9-107 in, or sell, community household goods, furnishings, or appliances, or a community mobile home unless the other spouse or other domestic partner joins in executing the security agreement or bill of sale, if any.
(6) Neither person shall acquire, purchase, sell, convey, or encumber the assets, including real estate, or the good will of a business where both spouses or both domestic partners participate in its management without the consent of the other: PROVIDED, That where only one spouse or one domestic partner participates in such management the participating spouse or participating domestic partner may, in the ordinary course of such business, acquire, purchase, sell, convey or encumber the assets, including real estate, or the good will of the business without the consent of the nonparticipating spouse or nonparticipating domestic partner.
[ 2008 c 6 s 604; 1981 c 304 s 1; 1972 ex.s. c 108 s 3; Code 1881 s 2409; RRS s 6892.]
Notes:
*Reviser's note: Article 62A.9 RCW was repealed in its entirety by 2000 c 250 s 9A-901, effective July 1, 2001. For later enactment, see Article 62A.9A RCW.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Severability—1981 c 304: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 304 s 46.]
Community property—Homestead selection: RCW 6.13.020.
Descent and distribution of community property: RCW 11.04.015.
Quasi-community property defined: RCW 26.16.220.
Simultaneous death, uniform act: Chapter 11.05A RCW.

catchline: Community property defined—Management and control.