If the abusive parent committed domestic violence or a sex offense, can the abusive parent get decision-making powers?
If the judge believes that the abusive parent has done any of the following, the abusive parent cannot get mutual decision-making rights. The judge must believe that the abusive parent:
- committed physical abuse, sexual abuse, or a pattern of emotional abuse against any child;
- has a history of committing acts of domestic violence (as defined by law) against anyone; or
- committed an assault or sexual assault (against anyone) that caused:
- serious (“grievous”) bodily harm;
- the fear of serious (“grievous”) bodily harm; or
- a pregnancy1 (but if the pregnancy involved the subject child being conceived, stricter laws apply).
1 R.C.W. § 26.09.191(1)