Who was involved: FVAP Washington and Nida Javed from Eastside Legal Assistance Program (ELAP) worked together to get this court decision published, with help from volunteer Priscilla Moreno. The survivor joined us in filing the motion. The motion to publish was supported by co-signers: Project DVORA | Jewish Family Service, Seattle University School of Law Family Law Center, Clark County Volunteer Lawyer Program, and Tacomaprobono.
What This Case Decided
This was the first case to interpret an important but rarely-used part of Washington’s parenting plan law. The court ruled that when a judge finds domestic violence happened, they must make the abused parent’s safety the top priority when creating custody schedules.
Any limits placed on the abusive parent’s time with children must be designed to keep the victim safe from future harm during any contact between the parents.
The Background
- A mother testified that the father had abused her
- A guardian ad litem (court-appointed child advocate) agreed there was domestic violence
- The mother asked for limits on the father’s decision-making rights and custody time
- Despite finding that domestic violence occurred, the judge still:
- Gave both parents equal decision-making power
- Gave the father significant custody time
- Created a schedule requiring up to 6 child exchanges per month (parents lived in different states)
Why This Matters for Survivors
The law says that when there’s a history of domestic violence, the abusive parent’s time with children should normally be limited. Most importantly, any custody arrangement must protect the safety of the abused parent.
The original parenting plan didn’t clearly show how it would keep the mother safe, so the case was sent back to create a new plan that follows the law and protects her safety.
Important Update
The law has changed since this 2024 decision (see House Bill 1620). There are now new exceptions that might allow:
- Joint decision-making, or
- More custody time for the abusive parent
However, if no exceptions apply, courts must still create safety-focused protections for the abused parent.
The new law still requires courts to consider and prioritize the abused parent’s safety. It specifically states that any limitations must be:
“reasonably calculated to protect a child from physical, sexual, or emotional abuse or harm… [and] also be reasonably calculated to provide for the safety of the parent who may be at risk of physical, sexual, or emotional abuse or harm that could result if the parent has contact with the other parent.”
Bottom Line
Courts cannot ignore domestic violence when making custody decisions. The safety of abuse victims must be a primary consideration in all parenting plans, even when the abusive parent is granted some custody time.
View the official published opinion
