Family law

9
Sep

The Power of Arbitration Agreements in Divorce/Dissolution Proceedings in Washington

As a divorce attorney in Vancouver (Clark County), Washington I am frequently called on to discuss many aspects of the divorce process with clients.  One such aspect of consulting and advising on divorces is the use of arbitration.  In Gamache v. Gamache, a recent unpublished opinion from Division Three of the Washington Court of Appeals, that Appellate Court vacated the

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29
Aug

Modification of Parenting Plan in Washington State (Clark County, WA) Part II

Part I of the two-part series explored minor modifications of a Parenting Plan. Part II of this article will explore a major modification of a Parenting Plan under Washington law.  A major modification to a parenting plan is just that:  asking the court to make a substantial different parenting plan than what the court ordered previously.  The law on major

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6
Feb

Parenting Plan Limitations Under Washington Law RCW 26.09.191 Part III

(n) If the court expressly finds based on the evidence that contact between the parent and the child will not cause physical, sexual, or emotional abuse or harm to the child and that the probability that the parent’s or other person’s harmful or abusive conduct will recur is so remote that it would not be in the child’s best interests

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17
Dec

Parenting Plan Limitations Under Washington Law RCW 26.09.191 Part II

This article is part two involving limitations of a parent’s time with their child as stated under RCW 26.09.191.  We continue the article by discussing the rebuttable presumption for parents or the person(s) they live with that have been convicted of certain sex offenses.  As this is a very technical part of the law, the statute is essentially given to

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4
Dec

Parenting Plan Limitations Under Washington Law RCW 26.09.191

As a family law/divorce attorney in Vancouver, Clark County, WA, I am frequently asked in the course of my work how to limit the parenting plans for the other parent.  Washington law proscribes situations where the parenting time with a child can be limited by the court for a parent.  To be clear, these are very limited and specific circumstances

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21
Nov

Domestic Violence’s Impact on Spending Time with Your Children

As a family law/divorce attorney in Vancouver, Clark County, WA, I am frequently asked about how someone with a domestic violence history may be treated by the court when in a custody battle, i.e. trying to establish a parenting plan.  Well under RCW 26.09.191 proven domestic violence can greatly impact a parent’s time with their child or children in a

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31
Oct

Self-Defense Reimbursement Under Washington Law

In my capacity as a criminal defense/assault attorney in Vancouver, WA, in a recent article I wrote, I detailed the use of self-defense in Assault in the Fourth Degree and Assault in the Fourth Degree Domestic Violence cases, using a recent jury trial I had won to illustrate the criminal defense aspect of self-defense in Washington.  If you are successful

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26
Sep

Motion to Dismiss Prosecutorial Mismanagement

As a criminal defense attorney in Vancouver, Clark County, WA that handles a wide-variety of criminal defense cases ranging from: Attempted Murder, Vehicular Homicide, Felon Strike Offenses, DUI, Domestic Violence Offenses, Sexual Assaults, Drug Offenses, Theft and other criminal defense matters. In my experience, I have seen the State prosecution do things in the late stages of moving a case

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5
Sep

Motion for Revision Family Law – Lyle v. Lyle

In the case of Lyle v. Lyle, Division Three of the Washington State Court of Appeals dealt with the case of a Commissioner’s order that was revised by a Superior Court Judge.  Specifically, the court reaffirmed that Superior court judges are authorized to review court commissioner decisions through a motion for revision. Although new evidence may not be considered, a

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28
Aug

Motion for Revision Family Law: Considerations

It is important to know that for family law cases, the filing of a motion for revision does not stay (place on hold) the Commissioner’s order, and the order shall remain in force (effect) unless a separate motion is made to the court and an order staying the Commissioner’s order is granted by the assigned Judge or the Commissioner who

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