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Litigation

By ALM Staff | Law Journal Newsletters |
March 27, 2007

Child Custody

Where a parent consents to a modified parenting plan in which the parent will not have decision-making power and will spend less time with her children, that parent cannot later argue that such a decision violates public policy. In the Matter of the Marriage of Adler, No. 55383-6-I, Court of Appeals of Washington, Division One, Feb. 27, 2006.

The parties were married in 1988, and two children were born of the marriage. The husband filed for divorce in 2000, and in May 2001, the parties entered into a parenting plan. Thereafter, the husband filed for a modification of the parenting plan after a therapist recommended that the children spend less time with the mother and that the father have sole decision-making power. The wife consented to the modification. The wife then appealed, arguing that the modification violated her children's rights and that an agreement that takes away a parent's rights violates public policy. The appellate court affirmed the modification. It held that in this case, where the wife freely stipulated to the modification, there was no threat to public policy.

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