Revised Code of Washington
Wash. Rev. Code § 26.11.050 (2026)
✓ current as of May 2026
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(1)(a) For the purposes of RCW 26.11.020 through 26.11.040, the court shall, on motion of the respondent, order the petitioner to pay a reasonable amount for costs and reasonable attorneys' fees to the respondent in advance and prior to any hearing, unless the court finds, considering the financial resources of all parties, that it would be unjust to do so.
(b) Regardless of the financial resources of the parties, if the court finds that a petition for visitation was brought in bad faith or without reasonable basis in light of the requirements of RCW 26.11.020 through 26.11.040, the court shall order the petitioner to pay a reasonable amount for costs and reasonable attorneys' fees to the respondent.
(2) If visitation is granted, the court shall order the petitioner to pay all transportation costs associated with visitation.
[ 2018 c 183 s 5.]
Notes of Decisions
Cited in 4
cases (3 in the last 5 years), 2020–2025 · leading case: In the Matter of the Petition for Visits with: A.S.A. (Wash. Ct. App. 2022).
In the Matter of the Petition for Visits with: A.S.A. (Wash. Ct. App. 2022). “Presson moved for a preliminary award of attorney fees, pursuant to RCW 26.11.050, and Ms. Harris claimed an inability to pay.”
Juan Stewart & Dena Stewart v. Joseph Stewart III & Jennifer Kastelein (Wash. Ct. App. 2021). “Joseph also requested advance attorney fees pursuant to RCW 26.11.050(1)(a). In his request, he stated: 4 No.”
Katherine Naravane v. Michael Vinther (Wash. Ct. App. 2020). “Vinther moved for an order requiring the Naravanes to advance the legal expenses needed to respond, something that RCW 26.11.050(1)(a) requires of relatives petitioning for visitation “unless the court finds, considering the financial resources of all parties, that it would be…”
Christine Louise Mckee, V. Heather Birkenshaw (Wash. Ct. App. 2025). “2 Since the record can support it, we defer to the trial court’s conclusion that Petitioners failed to demonstrate the required likelihood of success to warrant a hearing.”
— Wash. Rev. Code § 26.11.050(1)(a) — 4 cases
Katherine Naravane v. Michael Vinther (Wash. Ct. App. 2020). “Vinther moved for an order requiring the Naravanes to advance the legal expenses needed to respond, something that RCW 26.11.050(1)(a) requires of relatives petitioning for visitation “unless the court finds, considering the financial resources of all parties, that it would be…”
Juan Stewart & Dena Stewart v. Joseph Stewart III & Jennifer Kastelein (Wash. Ct. App. 2021). “Joseph also requested advance attorney fees pursuant to RCW 26.11.050(1)(a). In his request, he stated: 4 No.”
In the Matter of the Petition for Visits with: A.S.A. (Wash. Ct. App. 2022). “Presson moved for a preliminary award of attorney fees, pursuant to RCW 26.11.050, and Ms. Harris claimed an inability to pay.”
Christine Louise Mckee, V. Heather Birkenshaw (Wash. Ct. App. 2025). “2 Since the record can support it, we defer to the trial court’s conclusion that Petitioners failed to demonstrate the required likelihood of success to warrant a hearing.”
— Wash. Rev. Code § 26.11.050(1)(b) — 1 case
In the Matter of the Petition for Visits with: A.S.A. (Wash. Ct. App. 2022). “Presson moved for a preliminary award of attorney fees, pursuant to RCW 26.11.050, and Ms. Harris claimed an inability to pay.”
— Wash. Rev. Code § 26.11.050(a) — 1 case
Juan Stewart & Dena Stewart v. Joseph Stewart III & Jennifer Kastelein (Wash. Ct. App. 2021). “Joseph also requested advance attorney fees pursuant to RCW 26.11.050(1)(a). In his request, he stated: 4 No.”
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