New Bill Pending Legislature Approval May Affect Future Parenting Plans
On April 2, 2025, House Bill 1620 passed in the Senate. This Bill aims to provide the Court with better guidance on how to develop a final parenting plan when there are concerns about domestic violence, mental health, or addiction involving both parents. Proponents of the Bill argue that the current legal framework only addresses situations where one parent has these issues and does not comprehensively protect survivors of domestic abuse. This Bill also addresses restrictions on a parent’s parenting time and decision-making authority if they are found to have any of the above issues.
One aspect of this Bill, in its current form, is that it mandates that the judiciary must carefully assess specific “Domestic Abuse Factors” before determining the best interest of the child factors, as outlined in RCW 26.09.187. Many of these domestic abuse factors seem to create a more nuanced approach to dealing with domestic violence. For example, one factor would require the Court to consider the effects of domestic violence on the child, and another factor would require the Court to consider any expressed feelings of distress or discomfort from the child about contact with the abusive parent.
Furthermore, the Bill reinforces that certain actions and situations should not be considered against a parent who is a victim of abuse. For instance, it holds that efforts made by the abused parent to protect not only their own safety but also the safety of their child from further exposure to the abusive parent cannot be used against them as evidence.
Advocates for this bill comprise the Superior Court Judges’ Association and organizations that support survivors, including the Sexual Violence Law Center, the Northwest Justice Project, and the Washington State Coalition Against Domestic Violence. They are united in their belief that this legislation will provide critical guidance to judges navigating the intricacies of complex custody cases, ultimately fostering a more just judicial process.
However, there is considerable opposition to this Bill as well. Critics assert that while it seeks to enhance judicial discretion, it fails to provide adequate training for judicial officers, potentially leading to biased outcomes that could harm those it intends to protect. Moreover, there are significant concerns regarding a particular aspect of the Bill that would allow judges, under specific circumstances, to grant joint decision-making in cases of domestic violence. Under current law, only one parent can hold decision-making authority in these sensitive situations.
If this bill is passed, it will significantly impact how family law attorneys advocate for their clients and support survivors of domestic violence. The attorneys at Beresford Booth are committed to staying informed about the constantly changing legal landscape.
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