§46.09 Interstate Communication and Cooperation

• Jurisdiction: Washington

§ 46.09 INTERSTATE COMMUNICATION AND COOPERATION

The success of an interstate system depends upon disclosure by the parties and the ability and determination of courts to communicate with each other effectively. The UCCJEA requires parties to disclose information, allows interstate acceptance of testimony and records, and encourages or requires the courts to communicate in a variety of situations.

[1] Duty of Parties to Disclose Information

Each party in a custody proceeding is required under RCW 26.27.281 to provide information under oath as to the whereabouts of the child for the past five years, including the names and current addresses of anyone with whom the child lived during that time and whether litigation has occurred or is pending. If there are or were other proceedings, the court, case number, and the date of any custody determination must be identified. The mandatory form shortens this disclosure requirement to a listing of places where the child has resided in the last five years if such places were outside of Washington or on an Indian reservation, or with a person other than the parties named in the case.

The information is to be given in each party's first pleading or in an attached affidavit, RCW 26.27.281(1), and the duty to supply the information is a continuing one, RCW 26.27.281(4). The UCCJEA does not address the impact of a failure to disclose the information in the party's first pleading, but UCCJA courts have held that such failure is not jurisdictional as long as the information is provided within a reasonable time. Gambrell v. Gambrell, 246 Ga. 516, 272 S.E.2d 70, 72-73 (1980); see also In re Marriage of Payne, 79 Wn. App. 43, 46, 52-54, 899 P.2d 1318 (1995) (Washington petitioner did not initially disclose that she had been served with notice of custody proceedings in another state; court declined to exercise jurisdiction on inconvenient forum grounds, apparently based on factors other than the failure to disclose).

The disclosure obligation is subject to other laws that provide for confidentiality of addresses and other identifying information. RCW 26.27.281(1). Additionally, if a party alleges under oath that disclosure of identifying information would jeopardize the party or a child, the information must be sealed and not disclosed to the other party unless the court conducts a hearing that considers the safety issues and "determines that the disclosure is in the interest of justice." RCW 26.27.281(5).

The information...