Seattle Attorneys Blog

Washington Parenting Plans and Substantial Changes in Circumstances

September 27, 2017 | by Blair & Kim, PLLC

The modification of a Washington parenting plan over the other parent’s objection can be difficult. In fact, there is a presumption against it. Washington child custody attorneys know that Washington courts have recognized that children have a strong interest in finality in their living arrangements. Courts will not disturb the residential arrangements in a parenting plan over a parent’s objection unless there has been a substantial change in circumstances, and the modification is in the child’s best interest. The court must deny a motion to modify unless it finds adequate cause to hear the motion.

A recent case explored the issue of adequate cause. The father petitioned to modify the parenting plan. He and his former wife had two children together. In the parenting plan, the mother was designated as the residential parent, and the father was given residential time with the kids on alternating weekends, winter breaks, mid-winter breaks, and spring breaks. He was also given residential time during half of the holidays.

The parents cooperated on parenting after the divorce, spending holidays together. The mother began a relationship with another man in 2012, and the father remarried.

Washington Protection Order Violations and Burglary

September 20, 2017 | by Blair & Kim, PLLC

Washington defendants are entitled to a unanimous jury verdict. Washington criminal defense attorneys know, however, that this general rule can become complicated when there are multiple acts underlying the charges. If multiple acts could each form the basis of a charge, and the state presents evidence of each, either the state must elect which act is the basis of the charge, or the jury must be instructed on unanimity. If the multiple acts are all part of a continuing course of conduct, there is no requirement for an election or instruction. Additionally, multiple acts may be presented as alternative means of committing the crime. If there is sufficient evidence to support each means, express unanimity is not required. A Washington appeals court recently addressed these issues in a case in which a man was charged with residential burglary after allegedly violating a no-contact order and assaulting his wife.

The defendant was charged with three counts of felony violation of a court order, along with two assault charges, residential burglary, and third-degree malicious mischief. The charges stemmed from allegations that the defendant violated a no-contact order and assaulted his wife, sister, and mother. The defendant and his wife were separated, and she had obtained a no-contact order that prohibited him from coming within 1,000 feet of her or her home. The defendant had several misdemeanor convictions for violating the order.

The defendant’s wife testified that he came to her home twice in April 2015, but he left when she called the police. He came back in July 2015 and came in through the back door. She testified that he was intoxicated and called her names. She also testified that he kicked her, threw her on the couch, and struck her. The defendant’s parents and sister lived with his wife. The defendant started to leave when his sister told him she was calling the police. She grabbed his shirt to stop him, and he bit her hand until she kicked him. He pushed his mother to the ground and stepped on her chest as he left.

Washington Left-Turn Driver Not Liable for Motorcyclist’s Injuries

September 13, 2017 | by Blair & Kim, PLLC

Under Washington law, a driver intending to turn left at an intersection must yield to a vehicle approaching from the opposite direction that is in the intersection or close enough to be an immediate hazard. This rule seems fairly straightforward and suggests that the vehicle turning left will usually be at fault in an accident in an intersection. Seattle car accident attorneys know, however, that the law is not that simple, and the facts of a particular accident may mean that the driver of the vehicle turning left is not liable for the accident.

A recent case illustrates how the driver turning left is not always found to be at fault. In this case, the plaintiff was on a motorcycle in the curbside lane traveling south. This lane was a right-turn-only lane for vehicles other than buses. There were a total of three southbound lanes.

The defendant was traveling north. When the defendant reached the intersection, there was traffic in the two southbound through lanes, but they had left a gap for vehicles to turn left. The defendant entered the intersection to make her left turn. As she was making the turn, she saw the plaintiff in the curb lane. She stopped in front of the southbound through lanes, before reaching the curb lane.

Sentencing Enhancement for Proximity to School Bus Stop in Washington Drug Case

September 7, 2017 | by Blair & Kim, PLLC

Drug possession, manufacture, or sale that occurs in certain public places carries enhanced penalties under Washington law. Prison time or fines may be as much as double as what is otherwise allowed. Under RCW 69.50.435, locations that can result in sentencing enhancements include schools, school buses, public parks, certain public housing projects, public transit vehicles and public transit vehicle stop shelters, and certain civic centers and the surrounding areas. Seattle drug crime attorneys understand the importance of location in drug cases. Additionally, the statute allows for an enhancement if the offense occurs within a specified distance from school grounds or a school bus route stop.

A defendant recently challenged a jury’s verdict related to an enhancement. He argued the state had not sufficiently proved that the location fell within the statutory definition for the enhancement.

A police officer found methamphetamine and paraphernalia in the defendant’s vehicle following a routine traffic stop. The defendant was charged with possession with intent to deliver within 1,000 feet of a school bus route stop. A school district employee testified a school bus route stop was located within 1,000 feet from the location where the officer first saw the defendant’s vehicle. He also testified that a school bus carrying preschool students used that stop.

Restrictions on Child Visitation in Washington

August 30, 2017 | by Blair & Kim, PLLC

Washington child custody rules do not favor modifying parenting plans to decrease visitation. A court may, however, modify a parenting plan if it finds, based on information that occurred after the decree or that was unknown to the court at the time, that there has been a substantial change that makes a modification necessary to serve the child’s best interests. RCW 26.09.260. Additionally, restrictions or limitations may be appropriate when certain circumstances are present. A court may, for example, preclude or limit a provision in the parenting plan if the parent’s involvement is not in the child’s best interest, and one or more specified factors are present. Those factors include neglect, long-term impairment, and withholding access to the child from the other parent. Additionally, one of the listed factors is essentially any other factor the court finds to be adverse to the child’s best interests. RCW 26.09.194. Even when a court does place limitations or restrictions on visitation, it may put something in place to allow the parent to work toward resuming regular visitation. This process may include working with a counselor or therapist to ensure that resumption of the visitation is in the child’s best interest.

A mother recently challenged a court’s restriction on her visitation on a number of grounds, including the engagement of a counselor to make recommendations on reinstating visitation. The previous parenting plan ordered the daughter to reside with her father and visit her mother every other weekend.

The mother petitioned for increased visitation when she married several years later. The father petitioned to decrease her visitation, alleging physical and emotional abuse of the daughter, domestic violence in the mother’s home, and abusive use of conflict. The trial court granted the father’s petition and suspended the mother’s visitation for 45 days.

Washington Protection Orders Entered Pursuant to a Dissolution Decree or Parenting Plan

August 24, 2017 | by Blair & Kim, PLLC

In Washington, a domestic violence protection order restraining a parent from contacting his or her children is generally limited to one year, RCW 26.50.060, but Washington civil protection order attorneys know that there are exceptions to this limitation. One such exception is when the order is issued under Chapter 26.09, RCW, Dissolution Proceedings – Legal Separation. This issue was before a Washington court of appeals in a recent case.

The wife was an American citizen who married an Egyptian citizen in Egypt. The couple had a son together. The wife stated her husband frequently abused her physically, verbally, and emotionally. She stated he controlled what she wore and sometimes confined her and the child to the apartment. She stated he hit her in front of the child. The husband disputed the allegations but admitted to slapping her at least one time.

The husband became angry with his wife, took the child’s passport, and told his wife she had to leave Egypt within three days without her son. The wife went to the U.S. Embassy and obtained an emergency passport for the son and assistance in leaving Egypt safely with her son.

Washington Court Finds Falling from a Parked Vehicle Is Not a Motor Vehicle Accident

August 16, 2017 | by Blair & Kim, PLLC

Washington automobile insurers must offer personal injury protection coverage (PIP). PIP benefits may cover medical expenses, lost wages, funeral expenses, and loss of services. Washington car accident attorneys know that it is not always clear whether an incident resulting in injuries gives rise to a PIP claim. In a recent case, a Washington appeals court determined whether an insured person could receive PIP benefits for injuries he suffered when he fell out of a parked vehicle.

The plaintiff felt nauseated while he was driving with his son. He turned onto a side street and pulled over. He put the vehicle in park but left it running. He unbuckled his seatbelt and leaned out the window to be sick. As he was leaning out the window, he passed out and fell forward. He received significant injuries when he struck his head on the pavement. His head and upper body had fallen outside the vehicle, but his legs and feet were near the pedals. He bled profusely. His son then drove him to the hospital.

The plaintiff’s medical bills exceeded $10,000. He filed a PIP claim with his automobile insurer. The policy states that it will provide the specified benefits “for bodily injury to each Insured person caused by a motor vehicle accident.” The insurer denied coverage, determining that there was no motor vehicle accident to trigger coverage. The insurer argued that a motor vehicle accident can only occur when the vehicle is being operated as a motor vehicle, and that is not the case when the vehicle is parked. The plaintiff’s injuries occurred when he fell from his parked vehicle, so the insurer determined that they were not a result of a motor vehicle accident.

Washington Supreme Court Allows Random Urinalysis of DUI Defendant on Probation

August 11, 2017 | by Blair & Kim, PLLC

Article I, section 7, of the Washington Constitution provides that “No person shall be disturbed in his private affairs, or his home invaded, without authority of law.” Washington criminal defense attorneys know that the privacy protections of section 7 provide greater coverage than the Fourth Amendment of the U.S. Constitution in some areas.

In a recent case, the Washington Supreme Court considered whether section 7 prohibits a requirement of random urinalysis of individuals on probation for a misdemeanor DUI offense. The defendant in this case pleaded guilty to a gross misdemeanor DUI offense. The trial court imposed a partially suspended sentence, with a condition that she not consume alcohol, marijuana, or nonprescribed drugs. The court also ordered that she submit to random urinalysis drug testing to monitor her compliance with that condition.

The defendant appealed on the grounds that the random urinalysis condition violated her privacy rights under the Fourth Amendment to the U.S. Constitution as well as article I, section 7 of the Washington Constitution. She argued that a warrantless search of an individual on probation for a misdemeanor “must be supported by a well-founded suspicion” that she violated one of the conditions. The court found in favor of the defendant, vacated the sentence, and remanded.

Washington Supreme Court Allows Mother to Obtain Protection Order on Behalf of Son

July 28, 2017 | by Blair & Kim, PLLC

Washington civil protection order attorneys understand that domestic violence can be a complex issue that reaches beyond the couple. Children may become involved by witnessing the violence or by being threatened. Washington law allows a person to petition for a protection order on behalf of himself or herself, or on behalf of minor family or household members.

A Washington Court of Appeals, however, recently held that a mother could not obtain a protection order on behalf of her child when the child was not “present” for the violence and did not have fear of imminent harm, bodily injury, or assault. The Washington Supreme Court disagreed.

In this case, the mother petitioned for a domestic violence protection order against her son’s father on behalf of herself and her children following a history of domestic violence. According to the Washington Supreme Court opinion, the man had repeatedly physically and emotionally assaulted his son’s mother. He pushed her to the ground while she was pregnant, had tried to smother her with a pillow, pulled a knife on her, threatened to kidnap their son, and threatened to do something horrible to her daughters. He also threatened to kill her, her children, and himself.

Washington Appeals Court Finds Separate Property Converts to Community Property During Separation Under Prenuptial Agreement

July 23, 2017 | by Blair & Kim, PLLC

No one wants to think about divorce before they are even married, but a prenuptial agreement can protect both parties if the marriage doesn’t work out. While most people think in terms of either being married or divorced, Washington divorce attorneys understand there may be significant periods of separation. If a prenuptial agreement does not specifically address what occurs during the separation, the parties will likely be considered married until the dissolution. This could result in separate property converting to community property during the separation, as occurred in a recent case.

The husband had become wealthy from the stock options he received as a Google employee. The couple signed a prenuptial agreement and married in September 2005. They separated in 2014 when the husband filed for divorce.

They reached an agreement on a parenting plan for their child, but they had to go to trial to resolve their financial issues. The husband appealed the trial court’s distribution of property, challenging the interpretation of the prenuptial agreement.