Superior Court of Washington
County [County]

In re [e.g., "Marriage of"]:

[NAME]

Petitioner(s),
and

[NAME]
Respondent(s).
	No.  [#]

[Temporary, Proposed, or Final]  Parenting Plan

	

This parenting plan is the [e.g., "final parenting plan signed by the court pursuant to a decree of dissolution, legal separation, or declaration concerning validity signed by the court on this date."]

[If Agreed: "This document has been mutually negotiated and agreed to by the petitioner and the respondent, and should not be construed against either party as the drafter."]

It Is Ordered, Adjudged and Decreed:

I.  General Information

This parenting plan applies to the following children:

	Name	Age

	[Name of 1st Child]	[age of 1st child]
	[Name of 2nd Child]	[age of 2nd child]

II.  Basis for Restrictions

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.

2.1	Parental Conduct (RCW 26.09.191(1), (2))

	[Attorney to complete.  E.g., "Does not apply"]

2.2	Other Factors (RCW 26.09.191(3))

	[Attorney to complete.  E.g., "Does not apply"]

III.  Residential Schedule

The residential schedule must set forth where the children shall reside each day of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions, and what contact the children shall have with each parent.  Parents are encouraged to create a residential schedule that meets the developmental needs of the children and individual needs of their family.  Paragraphs 3.1 through 3.9 are one way to write your residential schedule. If you do not use these paragraphs, write in your own schedule in Paragraph 3.13.

3.1	Schedule for Children Under School Age

	Prior to enrollment in school, the child(ren) shall reside with [parent with primary care, e.g., "petitioner"], except for the following days and times when the children will reside with or be with the other parent:

	See paragraphs 3.3 through 3.8

3.2	School Schedule

	Upon enrollment in school, the child(ren) shall reside with [parent with primary care, e.g., "petitioner"], except for the following days and times when the children will reside with or be with the other parent:

	See paragraphs 3.3 through 3.8

3.3	Schedule for Winter Vacation

The child(ren) shall reside with [e.g., "petitioner"] one year and [e.g., "respondent"] the next, on an alternating basis.  The [e.g., "petitioner's"] time with the child(ren) shall begin during the [e.g., "2014-2015"] school year.  Winter vacation commences on the day the child(ren) get out of school and ends the day before the child(ren) return to school.

3.4	Schedule for Other School Breaks

Spring break shall alternate on a two-year schedule.  In odd numbered years, the child(ren) shall reside with the [e.g., "petitioner"] during spring break; and in even numbered years, with the other parent.  For purposes of this provision, spring break begins when school lets out and ends the day before the child(ren) return(s) to school.  The following is an example of the deadline for the end of spring break: if the child(ren) begin(s) school on a Monday, spring break ends the morning of the preceding Sunday.

Mid-winter break, if any shall also alternate on a two-year schedule.  In odd numbered years, the child(ren) shall reside with the [e.g., "respondent"] during mid-winter break; and in even numbered years, with the other parent.  For purposes of this provision, mid-winter break begins when school lets out and ends the day before the child(ren) return(s) to school.  The following is an example of the deadline for the end of mid-winter break: if the child(ren) begin(s) school on a Wednesday, mid-winter break ends the evening of the preceding Tuesday.  The parties shall disregard mid-winter break if would result in inter-state travel and the break is three total days or less, including weekends.

3.5	Summer Schedule

	Upon completion of the school year, the children shall reside with the [parent with primary care, e.g., "petitioner"], except for the following days and times when the children will reside with or be with the other parent:

	Other: See Section 3.6 herein (Vacation with Parents).

3.6	Vacation With Parents

	The schedule for vacation with parents is as follows:

Each calendar month [parent without primary care, e.g., "respondent"] shall be allowed one four-day weekend with the child(ren) in [child(ren)'s home state, e.g., "Washington"].  These short, four-day vacations are generally intended to allow the [parent without primary care, e.g., "respondent"] to visit the child(ren) where the child(ren) reside with the [parent with primary care, e.g., "petitioner"], and these short vacations must not interfere with the child(ren)’s school attendance.  In addition to these four-day vacations, [parent without primary care, e.g., "respondent"] shall be entitled to [e.g., "eight"] consecutive weeks of vacation with the child(ren) each summer.  [Parent without primary care, e.g., "Respondent"] may take these longer, [e.g., "eight"]-week vacations in locations outside Washington.

Every year the [parent with primary care, e.g., "petitioner"] shall be entitled to vacation with the child(ren) for a total of [e.g., "two"] weeks, which may be taken successively or in two intervals.

Each party must schedule his or her vacation time, as delineated above, with at least thirty-days’ written notice to the other parent.  The party receiving notice shall have no more than fifteen days in which to respond by claiming the same day(s) of vacation, not excluding the requirement that such response must be made at least thirty days in advance of the vacation date(s) in question.  If each party claims the same vacation day(s), the petitioner’s vacation request(s) shall govern in even numbered years and the respondent’s vacation request(s) shall govern in odd numbered years.

It shall be presumptively contemptuous for the mother to take any action which would preclude the father from vacation with the child(ren) over Father’s Day weekend or the several days immediately preceding or following.

Similarly, it shall be presumptively contemptuous for the father to take any action which would preclude the mother from vacationing with the child(ren) over Mother’s Day weekend or the several days immediately preceding or following.

3.7	Schedule for Holidays

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

	With Parent with Primary Care	With Other Parent
	(Specify Year		(Specify Year
	Odd/Even/Every)		Odd/Even/Every)

	Thanksgiving Day	     Even		Odd 

3.8	Schedule for Special Occasions

	No schedule for special occasions.
	
3.9	Priorities Under the Residential Schedule

 Paragraphs 3.3 - 3.8, have priority over paragraphs 3.1 and 3.2, in the following order:

		Rank the order of priority, with 1 being given the highest priority:

	1 winter vacation (3.3) 
	2 school breaks (3.4) 
	6 summer schedule (3.5)
	5 holidays (3.7)
	3 special occasions (3.8)
	4 vacation with parents (3.6)

3.10	Restrictions

	[Attorney to complete.  E.g., "Does not apply"]

3.11	Transportation Arrangements

	Transportation arrangements for the child(ren) between parents shall be as follows:

The receiving parent shall arrange for transportation.

3.12	Designation of Custodian

	The child(ren) named in this parenting plan are scheduled to reside the majority of the time with the [parent with primary care, e.g., "petitioner"].  This parent 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 either parent's rights and responsibilities under this parenting plan.

3.13	Other

[Attorney to complete.  E.g., "Does not apply"]

3.14	Summary of RCW 26.09.430 - .480, Regarding Relocation of a Child

Anyone with majority or substantially equal residential time (at least 45 percent) who wants to move with the children must notify every other person who has court-ordered time with the children.

Move to a different school district
If the move is to a different school district, the relocating person must complete the form Notice of Intent to Move with Children (FL Relocate 701) and deliver it at least 60 days before the intended move.

Exceptions:
•	If the relocating person could not reasonably have known enough information to complete the form in time to give 60 days’ notice, s/he must give notice within 5 days after learning the information.
•	If the relocating person is relocating to a domestic violence shelter or moving to avoid a clear, immediate and unreasonable risk to health or safety, notice may be delayed 21 days.
•	If information is protected under a court order or the address confidentiality program, it may be withheld from the notice.
•	A relocating person who believes that giving notice would put her/himself or a child at unreasonable risk of harm, may ask the court for permission to leave things out of the notice or to be allowed to move without giving notice. Use form Motion to Limit Notice of Intent to Move with Children (Ex Parte) (FL Relocate 702).

The Notice of Intent to Move with Children can be delivered by having someone personally serve the other party or by any form of mail that requires a return receipt.

If the relocating person wants to change the Parenting Plan because of the move, s/he must deliver a proposed Parenting Plan together with the Notice.

Move within the same school district
If the move is within the same school district, the relocating person still has to let the other parent know. However, the notice does not have to be served personally or by mail with a return receipt. Notice to the other party can be made in any reasonable way. No specific form is required.

Warning!  If you do not notify...
A relocating person who does not give the required notice may be found in contempt of court. If that happens the court can impose sanctions. Sanctions can include requiring the relocating person to bring the children back if the move has already happened, and ordering the relocating person to pay the other side's costs and lawyer's fees.

Right to object
A person who has court-ordered time with the children can object to a move to a different school district and/or to the relocating person's proposed Parenting Plan. If the move is within the same school district, the other party doesn't have the right to object to the move but s/he may ask to change the Parenting Plan if there are adequate reasons under the modification law (RCW 26.09.260).

An objection is made by filing the Objection about Moving with children and Petition about Changing a Parenting/Custody Order (Relocation) (form FL Relocate 721).  File your Objection with the court and serve a copy on the relocating person and anyone else who has court-ordered time with the children. Service of the Objection must be by personal service or by mailing a copy to each person by any form of mail that requires a return receipt. The Objection must be filed and served no later than 30 days after the Notice of intent to Move with Children was received.

Right to move
During the 30 days after the Notice was served, the relocating person may not move to a different school district with the children unless s/he has a court order allowing the move.

After the 30 days, if no Objection is filed, the relocating person may move with the children without getting a court order allowing the move.

After the 30 days, if an Objection has been filed, the relocating person may move with the children pending the final hearing on the Objection unless:
•	The other party gets a court order saying the children cannot move, or
•	The other party has scheduled a hearing to take place no more than 15 days after the date the Objection was served on the relocating person. (However, the relocating person may ask the court for an order allowing the move even though a hearing is pending if the relocating person believes that s/he or a child is at unreasonable risk of harm.)
•	the court may make a different decision about the move at a final hearing on the Objection.

Parenting Plan after move
If the relocating person served a proposed Parenting Plan with the Notice, and if no Objection is filed within 30 days after the Notice was served (or if the parties agree):
•	Both parties may follow that proposed plan without being held in contempt of the Parenting Plan that was in place before the move. However, the proposed plan cannot be enforced by contempt unless it has been approved by a court.
•	Either party may ask the court to approve the proposed plan.  Use form Ex Parte Motion for Final Order Changing Parenting Plan – No Objection to Moving with Children (FL Relocate 706).

Forms
You can find forms about moving with children at:
•	The Washington State Courts' website: www.courts.wa.gov/forms,
•	The Administrative Office of the Courts - call: (360) 705-5328,
•	Washington LawHelp: www.washingtonlawhelp.org, or
•	The Superior Court Clerk’s office or county law library (for a fee).
(This is a summary of the law. The complete law is in RCW 26.09.430 through 26.09.480.)

IV.  Decision Making

4.1	Day-to-Day Decisions

	Each parent shall make decisions regarding the day-to-day care and control of the child while the child is residing with that parent.  Regardless of the allocation of decision making in this parenting plan, either parent may make emergency decisions affecting the health or safety of the child.

4.2	Major Decisions
 
	Major decisions regarding each child shall be made as follows:

	Education decisions:     		[e.g., "joint"] 	

	Non-emergency health care:     	[e.g., "joint"]

	Religious upbringing:    		[e.g., "each"]

	Marriage prior to age 18:   		[e.g., "joint"]

	Entry into Armed Forced prior to age 18:  [e.g., "joint"]

	Body piercings/tatoos prior to age 18:     [e.g., "joint"]

4.3	Restrictions in Decision Making

	[Attorney to complete.  E.g., "Does not apply"]

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 mediation by Volunteers of America. The parties may participate in mediation by telephone.

	The cost of this process shall be allocated [e.g., "based on each party's proportional share of income from line 6 of the child support worksheets"].

	The dispute resolution process shall be commenced by notifying the other party by 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 attorneys' 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.

VI.  Other Provisions

There are the following other provisions:

6.1.	Telephone access / Skype.  The child(ren) shall have liberal telephone and skype privileges with the parent with whom the child(en) is/are not then residing, without interference of the other parent.  Both parents shall make all reasonable efforts to ensure the child(ren) understand(s) how to turn on the household computer and make skype phone calls to the other parent.  Neither parent may monitor the other parent's phone or skype conversations with the child(ren).  

6.2.	Neither parent shall make derogatory comments about the other parent or allow anyone else to do the same in the child(ren)'s presence.  Neither parent shall allow or encourage the child(ren) to make derogatory comments about the other parent.  Each parent agrees to exert every reasonable effort to promote the emotions of affection, love, and respect between the child(ren) and the other parent.  Each parent agrees to refrain from words or conduct, and both parents agree to discourage other persons from uttering words or engaging in conduct which would have a tendency to estrange the child(ren) from the other parent, to damage the opinion of the child(ren) as to the other parent, or which would impair the natural development of the child(ren)'s love and respect for the other parent.

6.3.	Religion.  Each parent shall be entitled to have the child(ren) participate with him/her in his/her religious activities.  Neither parent shall disparage the other parent’s religious activities or attempt to sway the child(ren) to his/her respective religious or philosophical viewpoint.

6.4.	Acceptance or waiver of any deviations from the provisions of the Parenting Plan shall not constitute acceptance or waiver of subsequent deviations from this plan.  The provisions of this plan shall remain in effect until modified by an appropriate written order entered by a court of competent jurisdiction.

6.5.	Emergency Contact Number and Address.  Each parent will keep the other informed at all times of emergency telephone contact numbers and the residential address of the child(ren).

6.6.	Process for Joint Decision Making.  In regard to joint decision making, the parties will discuss that particular situation between them in order to reach agreement.  The party requesting to make a joint decision shall notify the other party in writing of a joint decision to be made.  The other party shall respond within two weeks.  If the parties are unable to reach an agreement, the joint decision to be made shall be submitted through the dispute resolution process set forth above.

6.7.	Conditioning Performance of Parenting Plan.  Pursuant to RCW 26.09.160, an attempt by any parent, in any negotiation for the performance of this Parenting Plan, to condition one aspect of the Parenting Plan upon another, may be deemed to be in bad faith.  If the court finds that a parent acted in bad faith in an attempt to condition parental functions, in a refusal to perform the duties provided in the Parenting Plan, or in the hindrance of performance of the other parent, the court may punish that conduct by a private award or other remedies including criminal or civil contempt and attorney’s fees.

6.8.	Flexibility in Residential Schedule.  The parties are encouraged to implement the residential schedule flexibly.

6.9.	Each parent agrees to honor one another’s parenting style, privacy and authority.  Neither parent shall interfere in the parenting style of the other nor shall either parent make plans or arrangements that would impinge upon the other parent’s authority or time with the child(ren) without the express agreement of the other.  Each parent shall encourage the child(ren) to discuss his or her grievance against a parent directly with the parent in question.  It is the intent of both parents to encourage a direct parent-child bond and communication.

VII.  Declaration for Proposed Parenting Plan

	[Attorney to complete.  E.g., "Does not apply"]

VIII.  Order by the Court

It is ordered, adjudged and decreed that the parenting plan 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.40.060(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.

If a parent fails to comply with a provision of this plan, the other parent's obligations under the plan are not affected.

Dated:			
	Judge/Commissioner

Presented by:	Approved for entry; 
	Notice of presentation waived:

GENESIS LAW FIRM, PLLC		[OPPOSING FIRM]

[Attorney], WSBA #[No.]	[Opposing Counsel's Name], WSBA #[No.]
Attorneys for [E.g., "Petitioner"]	Attorneys for [E.g., "Respondent"]