Creating a parenting plan in a heated custody battle is never easy. In Washington state, the law leaves judges with broad discretion and little guidance, especially when both parents have troubling histories. A new bill aims to change that.
A Push for Clearer Legal Standards
House Bill 1620, currently making its way through the Washington legislature, seeks to provide more defined guidelines for judges handling contentious custody disputes. The bill, sponsored by Rep. Jamila Taylor, D-Federal Way, was approved by the House Civil Rights & Judiciary Committee on Feb. 7.
According to Taylor, the current legal framework grants judges near-total discretion. This lack of consistency has led to vastly different custody outcomes across counties. Factors such as access to legal representation or judicial bias can significantly affect decisions, she said.
“We are providing direct guidance to judicial officers,” Taylor stated. “Right now, they have almost unrestricted discretion, and that’s leading to outcomes that are different by county, different by who has access to a lawyer, different by maybe sometimes implicit bias against one party.”
A Contentious Debate
Supporters of the bill argue that clearer legal standards will help prevent children from ending up in unsafe situations. Survivors of domestic violence, legal advocacy groups, and judicial organizations have voiced their support, emphasizing the need for more precise regulations.
However, opposition to the bill has been fierce. Some domestic violence survivors and their advocates fear it will have unintended consequences, making it easier for courts to overlook the impact of abuse.
“It enhances judicial discretion without any required judicial training and solidifies the false equivalency between abuse and other parenting behaviors,” said Evangeline Stratton, former senior managing attorney for the Washington Family Violence Appellate Project.
A similar bill introduced last year faced significant pushback from mothers who argued that it could erode protections for abuse survivors and their children. That bill never made it to a vote on the House floor.
The Current Law and Its Gray Areas
Washington law currently requires courts to restrict a parent’s custody if they have a history of domestic violence. However, exceptions exist. Judges can decide not to impose these limitations if they find that the conduct didn’t impact the child or that contact with the parent won’t harm the child.
This gray area has led to inconsistencies in custody rulings. Survivors and their advocates argue that it creates loopholes that allow abusive parents to maintain custody rights.
Elizabeth Hendren, a lawyer with the Sexual Violence Law Center, pointed out a fundamental flaw in the existing framework.
“The current statute is really set up with this assumption that there’s one good parent and one bad parent,” Hendren said. “It doesn’t give courts any sort of guidance on how to balance concerns about both parents.”
What’s Next for the Bill?
As House Bill 1620 moves forward, the debate over its potential impact will continue. Lawmakers will weigh whether the proposed changes will strengthen protections for children or, as critics warn, grant judges even more discretion.
One thing is certain: for families caught in high-conflict custody disputes, the stakes couldn’t be higher.
Comments