Divorce Lawyers Parenting and Qdro Attorneys in Vancouver

           

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     This sample Parenting Plan has suggested contents and is

     based on the mandatory form issued by Washington State Courts. 

     This is a basic format.  Details are added to suit the needs of each family. 

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SUPERIOR COURT OF WASHINGTON

COUNTY OF CLARK

In re:

ANN SAMPLE Petitioner,                                                              NO. 26-09-010-0

and

STAN SAMPLE Respondent                                                          PARENTING PLAN

 

   IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

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.

III. RESIDENTIAL SCHEDULE

3.1 SCHEDULE FOR CHILDREN UNDER SCHOOL AGE

The children shall reside with the Father, except for the following times when they shall reside with the Mother:

Sunday evening until Wednesday evening with mother,
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 6:00 pm until Sunday at 6:00 pm
Every Wednesday from after school until 9:00 pm.

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 9:00 pm Christmas Eve. The children shall reside with the Father from 9:00 pm on Christmas Eve until 6:00 pm the day before school starts.

ODD YEARS: The children shall reside with the Father from the day school is out until 9:00 pm Christmas Eve. The children shall reside with the Mother from 9:00 pm on Christmas Eve until 6:00 pm the day before school starts.

3.4 SCHEDULE FOR SPRING VACATION

The children shall reside with the Mother during Odd numbered years.

The children shall reside with the Father during Even numbered years.


3.5 SCHEDULE FOR SUMMER VACATION

Alternating weeks with each parent.

3.6 VACATION WITH PARENTS

Each parent shall have the right to exercise 10 days of vacation. 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.

3.7 SCHEDULE FOR HOLIDAYS

The residential schedule for the children for the holidays listed below is as follows:

Holiday - with Mother / with Father

Easter - Even / Odd

Memorial Day – Odd /  Even

Independence Day - Odd / Even

Labor Day -  Even / Odd

Thanksgiving (4 days)  - Odd / Even

Monday holidays not mentioned above will be spent with the parent who has the children for the preceding weekend.

3.8 SCHEDULE FOR SPECIAL OCCASIONS


The children shall be with the Mother on every Mother's Day
The children shall be with the Father on every Father's Day

3.10 RESTRICTIONS

[ ] 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 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:


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

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.

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 custodial parent plans to move the children to a new residence, that parent shall give notice to the other parent.

If the move is OUTSIDE the child's school district, the relocating parent 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).

If the move is WITHIN the same school district, the relocating parent must provide actual notice by any reasonable means. A parent may not object to the move but may ask for modification under RCW 26.09.260.

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.

An objection may be filed by using the mandatory pattern form WPF DRPSCU 07.0700, (Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential Schedule). The objection must be served on all persons entitled to time with the child.

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.

IV. 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
Non-emergency health care [X] joint

RESTRICTIONS IN DECISION MAKING

(Mandatory Language for Sole Decision Making has been omitted )


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 parents, other than child support disputes, shall be submitted to (list person or agency): 

[ ] counseling [ ] mediation [ ] arbitration

The cost of this process shall be paid as follows: ___% mother and ____ % father; or [ ] as determined in the dispute resolution process.


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.

[ ] No dispute resolution process, except court action is ordered.

VI. OTHER PROVISIONS


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.

VII. ORDER BY THE COURT


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.

Before signing a final parenting plan, the court has consulted the Judicial Information System JIS to review the criminal history of each parent, each adult residing with a parent, and each nonparent who is entitled to residential time with the child.

___________________________

SIGNED, DATED

JUDGE/COURT COMMISSIONER

__________________________

SIGNED BY EACH PARENT