Legal Opinion · Dissent

Hayward v. Hansen

Court of Appeals of Washington

Decided May 21, 1981No. 3811-4-IIIPublished

1DissentMcInturff, C.J.

(dissenting)—I dissent for two reasons. First, the court did not have jurisdiction over Alisha's paternity. Compliance with mandated service requirements is necessary for the court to adjudicate any dispute. Under RCW 4.28.020 the court acquires jurisdiction in a matter from the time of commencement of the action. However, an action may not continue in the absence of a necessary party. RCW 26.26.090 states:

The child shall by made a party to the action. If he is a minor he shall be represented by his general guardian or a guardian ad litem appointed by the court. The child's mother or father…

2Cases cited18 opinions

  1. Webb v. TexasSupreme Court of the United States · 1972
  2. Jefferson County Department of Social Services v. D.A.G.Supreme Court of Colorado · 1980
  3. Hepfel v. BashawSupreme Court of Minnesota · 1979
  4. State v. DoutyWashington Supreme Court · 1979
  5. Carlyon v. WeeksDistrict Court of Appeal of Florida · 1980

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API