Superior Court of Washington, County of King
In re:
Petitioner/s (person/s who started this case):
Sandra Smith
And Respondent/s (other party/parties):
Juan Garcia
No.
Parenting Plan
(PPP / PPT / PP)
Clerk’s action required: 1.
Parenting Plan
1. This parenting plan is a:
Proposal (request) by a parent: Sandra Smith.
It is not a signed court order. (PPP)
2. Children – This parenting plan is for the following children:
Child’s name
Age
1.
Molly Garcia
7
2.
Bobby Garcia
5
3. Reasons for putting limitations on a parent (under RCW 26.09.191)
a. Abandonment, neglect, child abuse, domestic violence, assault, or sex offense. (If a parent has any of these problems, the court must limit that parent’s contact with the children, the right to make decisions for the children, and may not require dispute resolution other than court.)
Neither parent has any of these problems. (Skip to 3.b.)
b. Other problems that may harm the children’s best interests. (If a parent has any of these problems, the court may limit that parent’s contact with the children and right to make decisions for the children.)
Neither parent has any of these problems. (Skip to 4.)
4. Limitations on a parent
The following limits or conditions apply to Juan Garcia:
Limited contact as shown in the Parenting Time Schedule (sections 8 – 11) below.
5. Decision-making
When the children are with you, you are responsible for them. You can make day-to-day decisions for the children when they are with you, including decisions about safety and emergency health care. Major decisions must be made as follows.
a. Who can make major decisions about the children?
Type of Major Decision
Joint
(parents make these decisions together)
Limited
(only the parent named below has
authority to make these decisions)
School / Educational
X
(Name):
Health care (not emergency)
X
(Name):
Travel (International)
X
(Name):
b. Reasons for limits on major decision-making, if any:
There are no reasons to limit major decision-making.
6. Dispute Resolution – If you and the other parent disagree:
From time to time, the parents may have disagreements about shared decisions or about what parts of this parenting plan mean. To solve disagreements about this parenting plan, the parents will go to a dispute resolution provider or court. The court may only require a dispute resolution provider if there are no limitations in 3a.
a. The parents will go to:
Mediation (mediator or agency name): Sue Smith of Parenting Solutions, Inc.
If there are domestic violence issues, you may only use mediation if the victim asks for mediation, mediation is a good fit for the situation, and the victim can bring a support person to mediation.
If a dispute resolution provider is not named above, or if the named provider is no longer available, the parents may agree on a provider or ask the court to name one.
Important! Unless there is an emergency, the parents must participate in the dispute resolution process listed above in good faith, before going to court. This section does not apply to disagreements about money or support.
b. If mediation, arbitration, or counseling is required, one parent must notify the other parent by e-mail.
The parents will pay for the mediation, arbitration, or counseling services as follows:
Based on each parents’ Proportional Share of Income (percentage) from line 6 of the Child Support Worksheet.
What to expect in the dispute resolution process:
♣ Preference shall be given to carrying out the parenting plan.
♣ If you reach an agreement, it must be put into writing, signed, and both parents must get a copy.
♣ If the court finds that you have used or frustrated the dispute resolution process without a good reason, the court can order you to pay financial sanctions (penalties) including the other parent’s legal fees.
♣ You may go back to court if the dispute resolution process doesn’t solve the disagreement or if you disagree with the arbitrator’s decision.
7. Custodian
The custodian is Sandra Smith solely for the purpose of all state and federal statutes which require a designation or determination of custody. Even though one parent is called the custodian, this does not change the parenting rights and responsibilities described in this plan.
(Washington law generally refers to parenting time and decision-making, rather than custody. However, some state and federal laws require that one person be named the custodian. The custodian is the person with whom the children are scheduled to reside a majority of their time.)
¬ Parenting Time Schedule (Residential Provisions)
Complete the parenting time schedule in sections 8 – 11.
8. School Schedule
a. Children under School-Age
The schedule for children under school-age is the same as for school-age children.
b. School-Age Children
This schedule will apply when (check one): the youngest child the oldest child each child begins:
(check one): Kindergarten 1st grade Other:
The children are scheduled to live with (name): Sandra Smith, except when they are scheduled to live with (name): Juan Garcia on (check all that apply):
WEEKENDS: every week
from Friday at 7:00 p.m. to Sunday at 7:00 p.m.
WEEKDAYS: every other week
from Wednesday at 3:00 p.m. to Wednesday at 9:00 p.m.
9. Summer Schedule
Summer begins and ends according to the school calendar.
The Summer Schedule is the same as the School Schedule except that each parent shall spend 2 weeks of uninterrupted vacation time with the children each summer. The parents shall confirm their vacation schedules in writing by the last day of May each year.
The parents shall make every attempt to avoid conflicting vacation schedules, however, in the event of a conflict between the parents proposed dates, or if a parent fails to specify dates in a timely manner, the mother shall have priority during odd-numbered years, and the father shall have priority during even-numbered years. If a parent with priority fails to specify a choice of uninterrupted residential times by the last day of May priority shall go to the other parent. Conflicts over choices are subject to mediation as outlined in the parenting plan.
Each parent shall provide the non-traveling parent with a written itinerary and emergency contact information (including address and telephone numbers for each location) at least ten (10) days in advance of travel. The child shall be allowed unimpeded and unmonitored telephone, Skype, email, WhatsApp, and video call access with the other parent during vacations.
10. Holiday Schedule (includes school breaks)
This is the Holiday Schedule for all children:
(Put one parent’s name in each column and fill out when the children will be with that parent for holidays and school breaks.)
Holiday
Children with: Sandra Smith
Children with: Juan Garcia
Martin Luther King Jr. Day
Odd Years Even Years Every Yr.
Odd Years Even Years Every Yr.
Begin day/time:
Begin day/time:
End day/time:
End day/time:
X With the parent who has the children for the attached weekend
Presidents’ Day
Odd Years Even Years Every Yr.
Odd Years Even Years Every Yr.
Begin day/time:
Begin day/time:
End day/time:
End day/time:
X With the parent who has the children for the attached weekend
Mid-winter Break
Odd Years Even Years Every Yr.
Odd Years X Even Years Every Yr.
Begin day/time:
Begin day/time:
9:00 a.m. on the first weekday of Break (as defined by the school calendar)
End day/time:
End day/time:
9:00 p.m. on the final weekday of Break (as defined by the school calendar)
Each parent has the children for the half of break attached to his/her weekend. The children must be exchanged on Wednesday at (time): .
Other plan:
Spring Break
Odd Years Even Years Every Yr.
X Odd Years Even Years Every Yr.
Begin day/time:
Begin day/time:
9:00 a.m. on the first weekday of Break (as defined by the school calendar)
End day/time:
End day/time:
9:00 p.m. on the final weekday of Break (as defined by the school calendar)
Each parent has the children for the half of break attached to his/her weekend. The children must be exchanged on Wednesday at (time): .
Other plan:
Mother’s Day
Odd Years Even Years X Every Yr.
Odd Years Even Years Every Yr.
Begin day/time:
9:00 a.m on the holiday
Begin day/time:
End day/time:
7:00 p.m on the holiday
End day/time:
Other plan:
Memorial Day
Odd Years Even Years Every Yr.
Odd Years Even Years Every Yr.
Begin day/time:
Begin day/time:
End day/time:
End day/time:
X With the parent who has the children for the attached weekend
Holiday
Children with Sandra Smith
Children with Juan Garcia
Father’s Day
Odd Years Even Years Every Yr.
Odd Years Even Years X Every Yr.
Begin day/time:
Begin day/time:
9:00 a.m. on the holiday
End day/time:
End day/time:
7:00 p.m. on the holiday
Other plan:
Fourth of July
Odd Years Even Years Every Yr.
Odd Years Even Years Every Yr.
Begin day/time:
Begin day/time:
End day/time:
End day/time:
X Follow the Summer Schedule in section 9.
Other plan:
Labor Day
Odd Years Even Years Every Yr.
Odd Years Even Years Every Yr.
Begin day/time:
Begin day/time:
End day/time:
End day/time:
X With the parent who has the children for the attached weekend
Other plan:
Thanksgiving Day / Break
X Odd Years Even Years Every Yr.
Odd Years Even Years Every Yr.
Begin day/time:
9:00 a.m. on the first weekday of Break (as defined by the school calendar)
Begin day/time:
End day/time:
9:00 p.m. on the final weekday of Break (as defined by the school calendar)
End day/time:
Other plan:
Winter Break
Odd Years Even Years Every Yr.
Odd Years X Even Years Every Yr.
Begin day/time:
Begin day/time:
9:00 a.m. on the first weekday of Break (as defined by the school calendar)
End day/time:
End day/time:
9:00 p.m. on the final weekday of Break (as defined by the school calendar)
Other plan:
Christmas Eve
Odd Years Even Years Every Yr.
Odd Years Even Years Every Yr.
Begin day/time:
Begin day/time:
End day/time:
End day/time:
X Follow the Winter Break schedule above.
Other plan:
Christmas Day
Odd Years Even Years Every Yr.
Odd Years Even Years Every Yr.
Begin day/time:
Begin day/time:
End day/time:
End day/time:
X Follow the Winter Break schedule above.
Other plan:
New Year’s Eve / New Year’s Day
(odd/even is based on New Year’s Day)
Odd Years Even Years Every Yr.
Odd Years Even Years Every Yr.
Begin day/time:
Begin day/time:
End day/time:
End day/time:
X Follow the Winter Break schedule above.
Other plan:
Children’s Birthdays
Odd Years X Even Years Every Yr.
X Odd Years Even Years Every Yr.
Begin day/time:
9:00 a.m. on the day of the birthday
Begin day/time:
9:00 a.m. on the day of the birthday
End day/time:
9:00 p.m. on the day of the birthday
End day/time:
9:00 p.m. on the day of the birthday
Other plan:
All three-day weekends not listed elsewhere
(Federal holidays, school in-service days, etc.)
The children shall spend any unspecified holiday or non-school day with the parent who has them for the attached weekend.
X Other plan: Children shall spend them with Sandra Smith.
11. Conflicts in Scheduling
The Holiday Schedule must be observed over all other schedules. If there are conflicts within the Holiday Schedule (check all that apply):
X Named holidays shall be followed before school breaks.
X Children’s birthdays shall be followed before named holidays and school breaks.
Other (specify): N/A
12. Transportation Arrangements
The children will be exchanged for parenting time (picked up and dropped off) at each parent’s home.
Who is responsible for arranging transportation?
The picking up parent – The parent who is about to start parenting time with the children must arrange to have the children picked up.
Each parent may designate one (1) other person who is authorized to exchange and transport the child. The list of designated persons may be updated no more frequently than once a calendar year. The name and contact information (phone number and address) of these designated persons must be provided to each parent. Except for emergencies, only these persons will be allowed to exchange and transport the child.
13. Moving with the Children (Relocation)
If the person with whom the children are scheduled to reside a majority of their time plans to move (relocating person), s/he must notify every 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.)
14. Other
Communication Access: When the children of the parties are not residing with a given parent that parent shall be permitted unimpeded and unmonitored telephone, Skype, email, WhatsApp, and video call access with the other parent during reasonable times.
Change of Address: Each parent shall provide the other with the address and phone
number of his or her residence and shall update such information within three (3) days whenever it changes, including new emails.
International Travel: All international travel shall be limited to a maximum of seven (7) continuous days. The traveling parent must obtain written approval of the other parent at least thirty (30) days prior to travel departure date. The travelling parent must provide a written itinerary and emergency contact information (including address and telephone numbers for each location) at least ten (10) days in advance of travel departure date.
Passport: Sandra Smith shall hold the children’s passports when not traveling and shall provide the passport to Juan Garcia in a timely fashion at least two (2) weeks before any trip. Sandra Smith and Juan Garcia will cooperate and reapply for a passport & passport card. If Sandra Smith or Juan Garcia need travel authorization, they shall timely cooperate. After travel Juan Garcia shall return the passports to Sandra Smith for safekeeping within two (2) weeks.
Derogatory Comments: Neither parent shall make derogatory comments about
the other parent or allow anyone else to do the same in the children’s presence.
Neither parent shall allow or encourage the children to make derogatory comments
about the other parent.
Each parent shall have authority to give parental consent or permission as may
be required concerning school, daycare, or other programs for the children when
the children are in his/her custody.
Deviations: Acceptance or waiver of any deviations from the provisions of the final plan
shall not constitute acceptance or waiver of subsequent deviations. The provisions of this
plan shall remain in effect unless revisions are agreed upon by both parents. Any and all revisions to this plan that are in writing and signed by both parents shall be effective
immediately.
15. Proposal
This is a proposed (requested) parenting plan. (The parent/s requesting this plan must read and sign below.)
I declare under penalty of perjury under the laws of the state of Washington that this plan was proposed in good faith and that the information in section 3 above is true.
Parent requesting plan signs here Signed at (city and state)
Other parent requesting plan (if agreed) signs here Signed at (city and state)
16. Court Order
Does not apply. This is a proposal.