Legal Question in Family Law in Washington

This refers to whether there is enough evidence for a court to say that a petition for modification of a parenting plan can proceed on track for a trial. If there is not enough to even consider going forward to a trial, then the matter ends there. It's a filter the court puts on parenting plan modifications to ensure that cases don't spend months in the system when there may not be any basis to modify, and also to prevent one party abusing the other by continually bringing modification actions because they can't get what they want from a prior judge.

So, if you are trying to modify a parenting plan and you have an adequate cause hearing set, if you do not meet this threshold then your case ends right there and then. You can always appeal or motion for reconsideration of the determination that you did not meet the threshold, but these are hard to win.

If what you say as reasons to support a modification demonstrate that there is a significant change of circumstances in either the child's life or at least one parent, than this will serve to meet the threshold. If the other parent merely denies your allegations, if the Court just is not sure what to think, I'd say you will meet the adequate cause threshold and keep going forward to try and prove your allegations.

By the way, if you are on the other side of a modification, the same applies only in reverse. In other words, the other party has the burden to meet the adequate cause threshold, and you can respond to their allegations. Be prepared to prove your denials of their assertions, otherwise, in a he-said, she-said situation, most of the time they go forward.