Introduced by Sen. Adam Kline (Seattle) (D) on January 12, 2005
To modify provisions regarding service by legal summons for the establishment or modification of a parenting plan or residential schedule, dissolution of marriage, legal separation, or declaration of invalidity, in the cases prescribed by law, or when the action is for non-parental custody and the child is in the physical custody of the petitioner. This bill specifically allows service by publication. See companion HB 1403. Official Text and Analysis.
Referred to the Senate Judiciary Committee on January 12, 2005
Testimony in support offered to the Senate Judiciary Committee on January 13, 2005
By Rick Bartholomew, Washington State Bar Association, Family Law Section, who testified that this change is useful in cases when the address of one of the parties is unknown. The courts currently allow service by publication inconsistently and this bill would provide for more consistent application. The party serving notice will still have to prove to the court that personal service could not be accomplished after due diligence. If a party successfully asserts that due diligence was not used before service by publication, the service can later be found defective and the case can be reopened.
Referred to the Senate Rules Committee on February 4, 2005