and
STAN SAMPLE Respondent PARENTING
IT IS HEREBY ORDERED, ADJUDGED
II. BASIS FOR RESTRICTIONS
2.1 PARENTAL CONDUCT (RCW 26.09.191(1), (2)).
Under certain circumstances, as outlined below, the court may limit or prohibit a parent's contact with the children and the right to make decisions for the children.
[ ] Does not apply.
[ ] The [ ] mother's [ ] father's residential time with the children shall be limited or restrained completely, and mutual decision-making and designation of a dispute resolution process other than court action shall not be required, because [ ] this parent [ ] a person residing with this parent has engaged in the conduct which follows:
[ ] Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions (this applies only to parents, not to a person who resides with a parent).
[ ] Physical, sexual or a pattern of emotional abuse of a child.
[ ] A history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm.
2.2 OTHER FACTORS (RCW 26.09.191(3))
[] Does not apply.
[ ] The [ ] mother's [ ] father's involvement or conduct may have an adverse effect on the children's best interests because of the existence of the factors which follow:
[ ] Neglect or substantial nonperformance of parenting functions.
[ ] A long-term emotional or physical impairment which interferes with the performance of parenting functions as defined in RCW 26.09.004.
[ ] A long-term impairment resulting from drug, alcohol, or other substance abuse that interferes with the performance of parenting functions.
[ ] The absence or substantial impairment of emotional ties between the parent and child.
[ ] The abusive use of conflict by the parent which creates the danger of serious damage to the child's psychological development
[ ] A parent has withheld from the other parent access to the children for a protracted period without good cause.
The children shall reside with the Father from
on Christmas Eve until
the day before school starts. The children shall reside with the Mother from
on Christmas Eve until
the day before school starts. The children shall reside with the Father during Even numbered years. The parents shall give each other 30 days written notice of the intended weeks of vacation, and each shall disclose to the other parent the destinations and telephone numbers during the vacation. Easter Even Odd Memorial Day Odd Even
Independence Day Odd Even Labor Day Even Odd
3.10 RESTRICTIONS in paragraphs 2.1 and 2.2. The following restrictions shall apply when the children spend time with this parent: (specify classes, treatment, supervised visits, no overnights, etc.) [] There are limiting factors in paragraph 2.2, but there are no restrictions on the [ ] mother's [ ] father's residential time with the children for the following reasons: The children are scheduled to reside the majority of the time with the Father. The Father is designated the custodian of the children solely for purposes of all other state and federal statutes which require a designation or determination of custody. This designation shall not affect any party's rights and responsibilities under this parenting plan. DECISION MAKING Each parent shall make day to day decisions when the children are residing with that parent. Major decisions will be made as follows: Education decisions [X] joint [ ] counseling [ ] mediation [ ] arbitration The cost of this process shall be paid as follows:
3.1 SCHEDULE FOR CHILDREN UNDER SCHOOL
Every Sunday evening until Wednesday evening with mother,
Every Wednesday evening until Sunday evening with father.
3.2 SCHOOL SCHEDULE.
The children shall reside with the Father, except for the following times when they shall reside with the Mother:
Alternating weekends, from Friday at
until Sunday at
Every Wednesday from after school until
.
3.3 SCHEDULE FOR WINTER VACATION
The children shall reside with the parents during winter vacation, as follows:
EVEN YEARS: The children shall reside with the Mother from the day school is out until
Christmas Eve.
ODD YEARS: The children shall reside with the Father from the day school is out until
Christmas Eve.
3.4 SCHEDULE FOR SPRING VACATION
The children shall reside with the Mother during Odd numbered years.
3
Alternating weeks with each parent.
3.6 VACATION WITH PARENTS
Each parent shall have the right to exercise 10 days of vacation.
The residential schedule for the children for the holidays listed below is as follows:
3.8 SCHEDULE FOR SPECIAL OCCASIONS.
The children shall be with the Mother on every Mother's Day and every Mother's Birthday.
The children shall be with the Father on every Father's Day and every Father's Birthday.
[ ] Does not apply because there are no limiting factors in paragraphs 2.1 or 2.2.
[ ] The [ ] mother's [ ] father's residential time with the children shall be limited because there are limiting factors
3.11 TRANSPORTATION ARRANGEMENTS.
Transportation arrangements for the children shall be as follows:
The parent who is next to receive the children shall pick them up from the other parent.
3.12 DESIGNATION OF CUSTODIAN.
3.13 SUMMARY OF RCW 26.09.430 - .480, REGARDING RELOCATION OF A CHILD.
This is a summary only. For the full text, please see RCW 26.09.430 through 26.09.480.
If the person with whom the children resides a majority of the time plans to move, that person shall give notice to every person entitled to court ordered time with the child.
If the move is outside the child's school district, the relocating person must give notice by personal service or by mail requiring a return receipt. This notice must be at least 60 days before the intended move. If the relocating person could not have known about the move in time to give 60 days notice, that person must give notice within 5 days after learning of the move. The notice must contain the information required in RCW 26.09.440. See also form DRPSCU 07.0500, (Notice of Intended Relocation of a Child).
Notice may be delayed for 21 days if the relocating person is entering a domestic violence shelter or is moving to avoid a clear, immediate and unreasonable risk to health and safety.
If information is protected under a court order or the address confidentiality program, it may be withheld from the notice. A relocating person may ask the court to waive any notice requirements that may put the health and safety of a person or a child at risk.
Failure to give the required notice may be grounds for sanctions, including contempt.
If no objection is filed within 30 days after service of the notice of intended relocation, the relocation will be permitted and the proposed revised residential schedule may be confirmed.
The relocating person shall not move the children during the time for objection unless: (a) the delayed notice provisions apply; or (b) a court order allows the move.
Non-emergency health care [X] joint
RESTRICTIONS IN DECISION MAKING.
Does not apply because there are no limiting factors in paragraphs 2.1 and 2.2 above.
V. DISPUTE RESOLUTION
The purpose of this dispute resolution process is to resolve disagreements about carrying out this parenting plan. This dispute resolution process may, and under some local court rules or the provisions of this plan must be used before filing a petition to modify the plan or a motion for contempt for failing to follow the plan.
[ ] Disputes between the parties, other than child support disputes, shall be submitted to (list person or agency):
The dispute resolution process shall be commenced by notifying the other party by written request, certified mail.
In the dispute resolution process:
(a) Preference shall be given to carrying out this Parenting Plan.
(b) Unless an emergency exists, the parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support.
(c) A written record shall be prepared of any agreement reached in counseling or mediation and of each arbitration award and shall be provided to each party.
(d) If the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court shall award attorney fees and financial sanctions to the other parent.
(e) The parties have the right of review from the dispute resolution process to the superior court.
Example: Neither parent shall discuss any legal matters with the children.
Example: Neither parent shall make, or allow others to make, comments to the children which are disparaging to the other parent.
Example: Telephone calls: the children may call a parent as the children prefer, but the other parent may limit the calls to reasonable times and durations.
It is ordered, adjudged and decreed that the parenting plan / residential schedule set forth above is adopted and approved as an order of this court.
WARNING: Violation of residential provisions of this order with actual knowledge of its terms is punishable by contempt of court and may be a criminal offense under RCW 9A.040.060(2) or 9A.40.070(2). Violation of this order may subject a violator to arrest. When mutual decision making is designated but cannot be achieved, the parties shall make a good faith effort to resolve the issue through the dispute resolution process.