Wash. Rev. Code » Title 26 · Chapter 26.09
Revised Code of Washington

Wash. Rev. Code § 26.09.270 (2026)

✓ current as of May 2026
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A party seeking a temporary custody order or a temporary parenting plan or modification of a custody decree or parenting plan shall submit together with his or her motion, an affidavit setting forth facts supporting the requested order or modification and shall give notice, together with a copy of his or her affidavit, to other parties to the proceedings, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause why the requested order or modification should not be granted.
[ 2011 c 336 s 691; 1989 c 375 s 15; 1973 1st ex.s. c 157 s 27.]
Notes of Decisions
Cited in 96 cases (20 in the last 5 years), 1980–2026 · leading case: Jannot v. Jannot, 65 P.3d 664 (Wash. 2003).
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Jannot v. Jannot, 65 P.3d 664 (Wash. 2003). · cites it 13× “When a parent petitions for modification of an existing parenting plan, RCW 26.09.270 requires the trial court to first determine, based on affidavits submitted by the parties, whether adequate cause exists to justify a full modification hearing.”
In Re Parentage of Jannot, 65 P.3d 664 (Wash. 2003). · cites it 13× “At issue here is the proper scope of appellate review where a trial court has determined that a petitioner failed to establish adequate cause.”
In re the Marriage of Kinnan, 131 Wash. App. 738 (Wash. Ct. App. 2006). · cites it 13× “RCW 26.09.270 ¶27 After a party seeking to modify a prior parenting plan has filed its motion, supported by “an affidavit setting forth facts supporting the requested order or modification,” RCW 26.”
Grieco v. Wilson, 168 Wash. 2d 335 (Wash. 2010). · cites it 6× “¶21 Finally, we note that this reading of the statute is supported by the language of a similar statute, RCW 26.09.270, which governs temporary custody orders and temporary parenting plan modifications of a custody decree or parenting plan.”
In Re Custody of Eatw, 227 P.3d 1284 (Wash. 2010). · cites it 6× “¶ 21 Finally, we note that this reading of the statute is supported by the language of a similar statute, RCW 26.09.270, which governs temporary custody orders and temporary parenting plan modifications of a custody decree or parenting plan.”
In Re: Catherine Maclaren v. Travis Maclaren, 440 P.3d 1055 (Wash. Ct. App. 2019). · cites it 6× “Adequate Cause Standard Travis contends the court erred in applying an improper legal standard to determine whether he met his burden to show adequate cause to hold a hearing on the petition to modify the parenting plan.”
In Re Jannot, 37 P.3d 1265 (Wash. Ct. App. 2002). · cites it 6× “RCW 26.09.270. Review of those decisions has been de novo.”
Jannot v. Jannot, 110 Wash. App. 16 (Wash. Ct. App. 2002). · cites it 6× “RCW 26.09.270. Review of those decisions has been de novo.”
State v. Fairfax, 179 Wash. 2d 411 (Wash. 2013). · cites it 7× “) RCW 26.09.270, in turn, requires a party seeking to modify “a custody decree or parenting plan [to] submit together with [the] motion [ ] an affidavit setting forth facts supporting the requested order or modification .”
Grieco v. Wilson, 144 Wash. App. 865 (Wash. Ct. App. 2008). · cites it 6× “032 is nearly identical to the language used in the statute governing adequate cause for a hearing to modify a custody decree or parenting plan, RCW 26.09.270. When similar words are used in different parts of a statute, we presume the legislature intends to use the same meaning.”
Grieco v. Wilson, 184 P.3d 668 (Wash. Ct. App. 2008). · cites it 6× “032 is nearly identical to the language used in the statute governing adequate cause for a hearing to modify a custody decree or parenting plan, RCW 26.09.270. When similar words are used in different parts of a statute, we presume the legislature intends to use the same meaning.”
In re the Custody of Halls, 126 Wash. App. 599 (Wash. Ct. App. 2005). · cites it 5× “modification and shall give notice, together with a copy of his affidavit, to other parties to the proceedings, who may file opposing affidavits.”
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