The Washington State Parenting Act in the Courts: Reconciling Discretion and Justice in Parenting Plan Disputes

On July 8, 1993, the Washington Supreme Court handed down a decision construing the residential provision section of the Washington State Parenting Act. The case is significant for the children of divorcing parents in the State of Washington, and its importance extends beyond Washington because the supreme court's opinion is the first to interpret a key section of a law that has attracted national and international attention The case, In re Marriage ofKovacs, is an example of the sort of egregious injustice that can occur when a trial court fails to exercise its discretion in an appropriate manner and an appellate court fails to demand that the trial court conscientiously follow the law.