Child Custody Lawyers at Tsai Law Company Ask Judge to Protect Trish Conlon's Children from Killer

Aug. 28, 2011 - PRLog -- A hearing occurred on August 25, 2011 where Trish Conlon’s attorney, Todd DeVallance of Tsai Law Company, PLLC, asked King County Superior Court Judge William Downing to revise the Court Commissioner’s ruling denying Adequate Cause to modify the child custody decree which currently allows John Cushing to have residential time with his children while his wife/ex-wife Kristine Cushing lives in the home and has access to Mrs. Conlon’s two children.  Kristine Cushing killed her two children with a handgun approximately 20 years ago in Laguna Niguel, California while they were sleeping and was found to be not guilty by reason of temporary insanity.  She was released from a psychiatric institution approximately 4 years after the killings.

A Motion for Revision is the remedy provided pursuant to RCW 2.24.050 when a litigant in a family law case does not agree with the decision of a Family Law Court Commissioner.  Specifically, RCFW 2.24.050 provides, “All of the acts and proceedings of court commissioners hereunder shall be subject to revision by the superior court. Any party in interest may have such revision upon demand made by written motion, filed with the clerk of the superior court, within ten days after the entry of any order or judgment of the court commissioner. Such revision shall be upon the records of the case, and the findings of fact and conclusions of law entered by the court commissioner, and unless a demand for revision is made within ten days from the entry of the order or judgment of the court commissioner, the orders and judgments shall be and become the orders and judgments of the superior court, and appellate review thereof may be sought in the same fashion as review of like orders and judgments entered by the judge.”

Mr. DeVallance filed the Motion for Revision on behalf of Ms. Conlon after she requested the Court Commissioner to reconsider the initial decision to deny the finding of Adequate Cause and upon submitting additional evidence from the lead detective who investigated the killings.  The lead detective specifically testified in his declaration in support of the Motion for Reconsideration that he believed Ms. Conlon had reason to be afraid of allowing her children to be exposed to Ms. Cushing.  However, like the initial motion, the Motion for Reconsideration was also denied by the Court Commissioner.

A Motion for Revision is heard under a de novo standard of review, which means it is as if the Superior Court Judge were hearing the case for the first time.  No deference need be given to the Court Commissioner’s ruling on a Motion for Revision.

At the hearing on August 25, 2011, Mr. DeVallance argued that Mr. Cushing’s withholding the fact that he was exposing the children from Ms. Conlon and asking the children to lie to their mother was not in the children’s best interest.  He further argued that Ms. Cushing’s mental status was largely unknown by Ms. Conlon and the Court and that the risk to the children was too great under the circumstances of this case not to allow an evaluation.  Mr. DeVallance stated at the hearing, “The history is a concern here, your honor," "Who is watching the children right now? Are they being left alone with Kristine Cushing?"

Judge Downing took all of the arguments under advisement and indicated he would be providing a written ruling by Monday, August 28, 2011.

# # #

Tsai Law Company's Family Law practice is concentrated in: divorce, determination of child custody, child support, parenting plan modifications, alimony, litigation, division of assets and liabilities, and the primary residential placement of children.

Photo:
https://www.prlog.org/11639237/1