In re Custody of Halls
Court of Appeals of Washington
109 P.3d 15 (Wash. Ct. App. 2005)
After divorcing Jeffrey Halls (plaintiff), June Arden (defendant) had primary custody of their three children under an original parenting plan giving Halls certain weekend visitation, but after being evicted and moving to Minnesota with the children, Arden repeatedly failed to deliver them to Halls as scheduled; the trial court found Arden in contempt and, at the same show-cause hearing, granted Halls sole custody, and at a later review hearing, without any formal modification petition on file, entered a new modified parenting plan after Halls's attorney simply asked the court to enter a plan "that reflects what's going on now." Arden appealed, Halls then formally petitioned to modify the plan and separately sought a second contempt finding against Arden for violating the newly modified plan, which the trial court granted along with yet another new parenting plan; Arden appealed again.
Whether a court may modify a parenting plan without finding both that a substantial change has occurred in the circumstances of the child or the nonmoving party and that the modification is in the best interests of the child.