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Does CR60 apply to adequate cause findings to change parenting plan?

Discussion in 'Child Custody & Visitation' started by Kaun, Oct 18, 2018.

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  1. Kaun

    Kaun Law Topic Starter New Member

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    Jurisdiction:
    Washington
    Does CR60 apply to adequate cause findings to change parenting plan?

    I had a hearing on adequate cause to change the parenting plan a while back. The court found adequate cause to change the parenting plan. There were errors based on which adequate cause should not have been found and I filed a motion for relief under CR60 and RCW 4.72. My motion was denied on the basis that “CR60 does not apply to adequate cause findings” and I was slapped with the other party’s attorneys fees and a sanction.

    I cannot find any reference to CR60 not applying to adequate cause findings. Does anyone?

    Thank you very much
     
  2. army judge

    army judge Super Moderator

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    Keep trying, you'll be harmed if I told you where to look.


    I found it with my first Google search.

    I'll give you a hint, use "Google Scholar":

    Google Scholar

    I didn't use "Google Scholar", either.




    A Motion to Vacate is a request to the court to withdraw a previous order or judgment it entered. It has to be based on one of the specific reasons set forth in Civil Rule 60. A Motion to Vacate may be filed in Superior Court or in a court of limited jurisdiction such as district court.

    A novice non-lawyer rarely wins a motion to vacate, so there's that.
     
  3. zddoodah

    zddoodah Well-Known Member

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    First of all, as far as I know, no Washington attorneys follow these boards regularly.

    Second, based on a google search "CR60" appears to refer to Rule 60 of the Washington Superior Court Civil Rules (best not to use shorthand that isn't going to be universally understood).

    Assuming that's right, Rule 60 is titled "Relief from Judgment or Order" and allows for relief based on at least 11 different grounds. Since you didn't tell us which ground(s) your motion was based on (perhaps you'll follow up and explain), it's impossible to tell you much more than that there may be case law that says what the judge said.
     
  4. Kaun

    Kaun Law Topic Starter New Member

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    Thank you for your replies. I know the CR60 statute word for word. That was not my question
     
  5. army judge

    army judge Super Moderator

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    I suggest you consult an attorney licensed in the state you are having your issues.

    There's very little that can be done for complex legal issues on a discussion site, sorry.

    What we can't do for you or anyone is YOUR legal research.

    Thread is closed.
     

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