Question about application of recent Unpublished Appeals Decision

[4honor]

Unpublished court opinion indicates that in WA in an agreed parenting plan the statutes are applied to the original plan and it is presumed the judge applied the standards.

http://www.courts.wa.gov/opinions/?fa=opinions.opindisp&docid=231224MAJ

"A trial court hearing a modification action, on the other hand,
presumes the best interests of the child require the primary placement
remain intact."

However, in a modification then it is presumed that primary placement is in the child's best interest and the parent trying to change the primary placement AS STATED IN THE PARENTING PLAN has to meet threshold for a change in circumstances.

In the linked opinion, the mother and father divorced and agreed to a plan that left the children with her for a set number of years and then transferred the twin boys to the father for 3 school years. Both were fit.

Mother could not meet threshhold to maintain custody against her previous agreement because the father HAD primary placement for the time period they were discussing as per the court order.

QUESTIONS:
1) For those in WA who are attempting to complete their first parenting plan, what draw back would there be to attempting a settlement with a tranfer of custody at a later date (an Atty not having read this opinion might tell a client to take it because the order could be modified prior to a change over)?

2) DO you see in this opinion help or harm for an NCP who has a final parenting plan order?

3)DO you see in this opinion help or harm for an NCP who has met the threshhold of "change in circumstances"?

[socrateaser]

First, unpublished opinions cannot be used as precedent or persuasion in court. So, you must extract the various cases, that the opinion relies on and attempt to reconstruct the same logic, or the court cannot consider your argument at all.

Second, attempting to analyze a general solution to any legal problem is fraught with peril. The entire process of law and legal reasoning, as it has been developed over the centuries, is based upon applying rules of law to facts, analyzing them and then reaching a conclusion on that basis.

This is why I always ask people to post their facts and then ask questions, because without specific facts, there is no case.

So, please post the facts, and then ask questions. If you have an argument developed to address those facts, feel free to make your argument after the facts, and I'll respond.

But, I'm not gonna answer a bare legal question without case facts, because my answer will almost certainly be wrong.