Benton & Franklin Counties Superior Court
Benton & Franklin Counties Superior Court

Domestic & Paternity Case Information and Forms

This page provides information and forms for the following types of Domestic Cases: Dissolutions under RCW Chapter 26.09, third party custody cases under RCW Chapter 26.10, parentage actions under RCW Chapter 26.26.

 

Click HERE to view the Family Law Handbook.

COVID-19 FAMILY LAW INFORMATION

 

ALL FAMILY LAW ORDERS MUST BE FOLLOWED

 

This includes:

* Parenting Plans

* Restraining Orders

* Child Support Orders, and

* Any other temporary or final order signed by a judicial officer.

 

CHILD SUPPORT

You must continue to pay your child support obligation.  If you are unable to pay your child support obligation for any reason, you may discuss your options with the Washington State Division of Child Support at https://www.dshs.wa.gov/location/dshs-dcs-ken.

 

You may NOT withhold parenting time from a parent for failing to pay support.

 

PARENTING PLANS MUST BE FOLLOWED

Court-ordered parenting time must be followed and permitted where possible.  If the government is permitting individuals to leave their homes to obtain necessary provisions, go for walks, etc., then the court deems CHILD EXCHANGES AS ESSENTIAL.

 

*Spring/Summer Break, Vacation and /or holiday:

While school may be out of session at this time, this is not considered summer break, spring break, or a holiday.  Parents shall follow the holiday and school break residential schedules in place at the beginning of the school year.

 

*Parenting Time in Public Places:

Governor Inslee has forbidden all nonessential gatherings, regardless of size.  If the parenting plan states that parenting time will occur in a public place, parenting time should continue at locations that are permitted under the health and safety guidelines for the state, such as a large park, or nature hike.  If that is not possible, then the parenting time should be conducted virtually via videoconferencing or by telephone.

 

*Supervised Parenting Time:

If the parenting plan is ordered to be supervised, and the supervisor is unavailable due to COVID-19 related issues or government orders, the parties should work collaboratively  to ensure parenting time continues to occur in a manner that promotes their children’s safety and wellbeing, such as finding an alternative supervisor. If that is not possible, then the parenting time should be conducted virtually via videoconferencing or by telephone.

 

*Parenting Plan Impossible to Follow:

In those limited circumstances where parenting time cannot be followed, for example because the exchange requires the child to fly to the other parent and the airline has cancelled those flights, parents should liberally allow the other parent access to the child via videoconferencing or by telephone.

 

*Exchanges “after school” or “at school”:

If your child is not attending school and it is an exchange day, communicate with the other parent and find an agreed upon exchange time and location.  If no other time is specified in writing, use the approximate time school would have been out (for example 3:00 p.m.).  If you can’t exchange the child at someone’s home, find a public place as close to the child’s school as possible to make the exchange.

 

*Sick Child:

If your child is sick with something “regular” (not requiring emergency medical assistance or COVID-19 symptoms), the child should be exchanged at regular parenting times unless your parenting plan states that a sick child stays with one parent, or the parents otherwise agree.

 

*Other Parent is not Protective:

You may feel the other parent is not following social distancing guidelines or not following a structured schedule that you have set up in your home, this is not a basis to withhold parenting time.  As a general rule, each parent is able to use their own good judgment about what to do when they have the child, so long as their actions are not violating the law.

 

*Make-up Time:

Make-up time may be requested by a parent whose parenting time has been impacted due to COVID-19 related issues once the court’s regular schedule is resumed.  Parents are encouraged to come to agreement on make-up time on the own prior to filing a motion with the court.

 

********

For more information, court-wide Coronavirus announcements for Benton-Franklin Superior Court can  be found here: http://www.benton-franklinsuperiorcourt.com/administration/coronavirus/

 

Please check back frequently as things are changing rapidly. 

Domestic/Paternity Case Calendars

Monday:

Franklin County Domestic/Paternity Calendar

8:30 a.m to Noon (Overflow will start at 1:30 p.m.)

 

Franklin County Domestic Violence Calendar

1:30p.m.

 

Franklin County Domestic Settlement Conferences

2:30 p.m.

 

Tuesday:

Benton County Domestic Status Conferences

8:15 a.m. to 11:00 a.m.

 

Benton County Domestic Calendar

8:30 a.m to Noon

 

Benton County Paternity Calendar

10:30 a.m. to Noon

 

Benton County Domestic Contempt Calendar

1:15 p.m.

 

Benton County Domestic Over-Ten Calendar

1:30 p.m.

 

Benton County Domestic State and Pro Se Calendar

1:30 p.m.

 

Thursday:

Benton County Prosser Domestic Calendar

8:30 a.m. to Noon

 

Friday:

 

Benton County Domestic Settlement Conferences

8:00 a.m. to 4:30 p.m.

 

Benton County Domestic Violence Calendar

9:30 a.m.

Mediation, Settlement Conferences and Parenting Classes

Mediation.  By Local Rule, a domestic case cannot go to trial unless the parties have mediated the disputed issues.  Click below for a list of approved mediators.

 

Settlement Conference.  By Local Rule, a domestic case cannot go to trial unless the parties have participated in a settlement confernce with judicial officer to attempt to resolve disputed issues.  Click below for the form for the required Position Statement.

 

Parenting Seminars.  By Local Rule, the court will not enter a temporary or final parenting plan unless the parties have taken a mandatory parenting seminar.  Click HERE for a list of approved parenting seminar providers.

Approved Mediators
Mediator List 03.18.2019.doc
Microsoft Word document [52.0 KB]
Settlement Conference Position Statement
POSITION STATEMENT.doc
Microsoft Word document [118.5 KB]

Court's Response to Coronavirus Pandemic

En respuesta a la nueva pandemia de coronavirus (o COVID-19), nuestros servicios estaran limitados

Click HERE for the latest information concerning the Court's response to the Coronavirus pandemic.

Ex Parte

Important Notice

 Click HERE for a description of the Ex Parte process.

Arbitrator Eligibility

Important Notice

Click HERE for information and attestation form.

Superior Court Administration Benton County Justice Center

7122 W Okanogan Pl

Building A

Kennewick, WA 99336

509-736-3071

 

Holiday Schedule

The Courts will be closed the afternoon of Wednesday, November 11, 2020 for Judicial Meeting.and for Veterens Day on Monday, September 7, 2020, and 

 

Please refer to the Court Holiday Schedule to see changes to regular calendar.

         DISCLAIMER

Due to the rapidly changing nature of the Court’s information on the internet pages, the Benton and Franklin Counties Superior Courts cannot insure 100% accuracy.  The data and links are provided for informational purposes only and may not have been updated on the date you view it.  The Courts assume no liability for any legal consequences arising out of any information on these pages.

Print Print | Sitemap
© Benton Franklin Counties Superior Court