The Court of Appeals ruled in favor of our client regarding the parenting plan in a divorce case. The Court agreed that despite the domestic violence finding which required mandatory restrictions and additional findings, nowhere did the trial court explain how the parent with a history of acts of domestic violence finding was favored to have majority residential time and sole decision-making authority. Additionally, the Court of Appeals overturned the trial court’s order restricting our client from filing CPS complaints, police reports, or domestic violence protection orders because it is an infringement on her First Amendment rights.
This case is impactful because it illustrates how a trial court may minimize a domestic violence finding without making the required additional findings on major aspects of a parenting plan such as residential time and decision-making. It also makes clear that a trial court cannot strip a survivor of her ability to report abuse and/or request protective orders for the safety and well-being of her and her children.
FVAP Washington’s staff attorney Zyreena Choudhry took the lead in this matter. Special thank you to Joanna McCallum at Manatt, Phelps & Phillips, LLP; Sharon Blackford; and Adrian Urquhart Winder at Foster Garvey PC for their mentorship and support.
