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In Re Marriage Of Mcdole: Modifying Child Custody By Ignoring Statutory Grounds, Virginia A. Petersen
In Re Marriage Of Mcdole: Modifying Child Custody By Ignoring Statutory Grounds, Virginia A. Petersen
Washington Law Review
In In re Marriage of McDole, the Washington Supreme Court upheld the modification of a parenting plan that changed the primary residential parent. By relying in part on the mother's interference with visitation, the court not only undermined the important policy underlying the modification statute of maximizing finality in custody determinations, but it also failed to read the modification statute as a whole. The court also inappropriately relied on the mother's move out of the state and continued conflict between the parents. The court further failed to explicitly explain the legal bases for its decision, providing little guidance for future …
The Washington State Parenting Act In The Courts: Reconciling Discretion And Justice In Parenting Plan Disputes, Jane W. Ellis
The Washington State Parenting Act In The Courts: Reconciling Discretion And Justice In Parenting Plan Disputes, Jane W. Ellis
Washington Law Review
On July 8, 1993, the Washington Supreme Court handed down a decision construing the residential provision section of the Washington State Parenting Act. The case is significant for the children of divorcing parents in the State of Washington, and its importance extends beyond Washington because the supreme court's opinion is the first to interpret a key section of a law that has attracted national and international attention The case, In re Marriage ofKovacs, is an example of the sort of egregious injustice that can occur when a trial court fails to exercise its discretion in an appropriate manner and an …
For The Sake Of The Child: Moving Toward Uniformity In Adoption Law, Marja E. Selmann
For The Sake Of The Child: Moving Toward Uniformity In Adoption Law, Marja E. Selmann
Washington Law Review
Adoption is governed by state law, which varies dramatically among states, and thus encourages forum shopping and complicates interstate adoption. A new Uniform Adoption Act (UAA), likely to be completed and approved by the National Conference of Commissioners on Uniform State Laws in 1994, offers states the opportunity to move toward greater uniformity. The UAA balances all of the participants' interests while keeping the child's best interests foremost.