Appeal from SUPERIOR COURT SPOKANE COUNTY. Superior Court No: 90-3-01040-4. Date filed in Superior Court: 5/5/94. Superior Court Judge signing: THOMAS MERRYMAN.
Author: Ray E. Munson, Concurring: Dennis J. Sweeney & Philip J. Thompson
MUNSON, J. --Reg A. Hansen appeals the trial court's denial of his motion to modify the parenting plan for his daughter, Alyssia. We affirm.
The parties' marriage was dissolved by decree entered on May 31, 1991. The decree contained parenting plan provisions for the parties' daughter Alyssia, born June 4, 1988. The plan provided for joint decision making for major decisions to be made about or for the child. Alyssia was to live with Ms. Trageser, and the following provisions of the plan relate to her time with Mr. Hansen:
7. School Year Schedules (weekdays and weekends): The
parties shall rely upon the School District 81 school schedule to determine the duration of Christmas/New Years vacation, and summer vacation.
8. During the school year, the following shall be the child's residential arrangements:
This schedule will operate on a twenty-eight day basis. Thus, it is not designed to apply to any particular month, but rather will be based upon a twenty-eight day rotation.
The child shall reside with the father on Sunday evenings at 5:00 through Tuesday morning, for three consecutive weeks. The father shall, at the conclusion of each week's placement, return the child to the child's day care, at a time consistent with when the mother customarily brings the child to said day care, when the child is in the mother's care. If the child continues to manifest anxiety and disturbance with this arrangement, the father shall return the child to the mother on Tuesday mornings, rather than to the day care.
On the fourth week of the twenty-eight day rotation, the child shall reside with the father commencing on Saturday, at 9:00 a.m., and concluding on Tuesday morning, on the same basis as specifically set forth above.
10. Holidays: The holidays of New Years Day, Fourth of July, Labor Day, and Thanksgiving Day shall be alternated. Said days shall ...