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Under RCW 26.09.270, a party seeking a qualifying custody modification submits an affidavit stating supporting facts and gives notice and a copy to the other parties, who may submit opposing affidavits. The court denies the motion unless the affidavits establish adequate cause to hold a hearing. This screening decision is not a final decision to change the plan. Counsel should identify the applicable route and exceptions; RCW 26.09.260(6), for example, treats a modification pursued with relocation differently.
| Evidence Area | Why It Matters at the Gatekeeping Stage | Common Miss |
|---|---|---|
| Order language and requested change | Connects the existing plan and proposed change to the facts offered in support. | The events are listed without identifying the provision or change they concern. |
| Chronology of repeated conduct | Organize repeated conduct when relevant, while identifying any single serious safety event clearly; repetition is not a substitute for the applicable legal standard. | No organized timeline across dates. |
| School, childcare, or provider records | May document attendance, care routines or other specific effects of the current arrangement. | Referring to routine problems without outside anchors. |
| Safety or relocation facts | May establish specific safety events, concealment, residence changes or move-related effects relevant to the request. | Mixing urgent facts into a vague long-term narrative. |
Describe each relevant event with its date, source and effect. If you are describing a pattern, show the individual events; if the concern is one serious incident, identify it clearly rather than burying it in a longer history.
Identify what a school, daycare, supervision or communication record shows about the proposed change. Provide the source and relevant date so counsel can assess its place in the modification request.
Ask counsel which modification route applies and which facts must support the request at the screening stage. That guidance helps you prioritize records and any investigative work before the court reviews the affidavits.
No. For requests subject to RCW 26.09.270, the affidavits must establish adequate cause for a hearing. The screening decision does not itself change the parenting plan, and counsel should identify any applicable exception.
No. Counsel advises on the legal requirements, and the court makes the determination. An investigator can verify events, interview relevant witnesses and prepare a dated report with supporting sources.
The useful records depend on the requested change. They may include a chronology, complete communications, school or childcare records and supervision records showing the particular events or effects counsel needs to assess.
Do not assume the label "minor" eliminates screening. The applicable modification statute and requested relief matter. Ask counsel to identify the required process and any exception, including the relocation provision in RCW 26.09.260(6).
Bring the current plan, proposed factual issues and relevant dates. We can discuss a records, witness or observation task that addresses a missing fact and provides findings for counsel’s review.