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FILED

COURT OF APPFALS
DIVIS101411 2013 JU9 0- = 8 33
IN THE COURT OF APPEALS OF THE STATE OF

WASH? " S
1

l l0I0P

DIVISION II

1'

In re Marriage of:
VARONICA A.BUCHANAN,

No. 42640 4 II - -

UNPUBLISHED OPINION

Respondent,
V.

STEPHEN J. BUCHANAN,

I
BJORGEN J. -- Stephen

Buchanan appeals the trial court's denial of his petition for a

restraining order, which would have prohibited Varonica Buchanan from enrolling their children
at Life Christian School in the fall of 2011. He argues that the order is an improper modification

of their parenting plan, which states that the children shall not attend Life Christian after the
2009 2010 school year unless he agrees. We dismiss the appeal, because it is moot. FACTS

Varonica and Stephen' dissolved their marriage in 2007. They have two children
together, both of whom have attended Life Christian School since preschool. In October 2008, Varonica and Stephen agreed to an order supplementing their parenting plan. The supplemental
order includes the following provisions:

1. The parties shall keep their children enrolled at Life Christian School for an
additional two ( ) 2 years: Fall 2008 Spring 2009, and Fall 2009 Spring 2010. / / 2. Unless the father agrees, the children shall not continue to attend Life Christian

after Spring 2010. Furthermore, unless the mother agrees, the children shall not
attend public school beginning in Fall 2010.
1

For

clarity, we refer to the parties by their first

names.

No

disrespect

is intended.

No. 42640 4 II - -

3. 4.

By September 1, 2009, the parties shall exchange a list of perspective [sic]

schools that either parent may consider for the children to attend.
The parties shall attend mediation in November 2009 regarding the issue of enrollment for the 2010/ 1 school year. 1 5. The father shall have no financial responsibility towards the tuition at Life
Christian.

Clerk's Papers (CP)at 6 7. The children attended Life Christian for the 2008 2009 and 2009 2010 school years, as -

provided in the 2008 order. Beginning in May 2009, Stephen was deployed to Afghanistan,
returning in` 2010. He asserts that he called Varonica from Afghanistan to object to the June

children reenrolling at Life Christian for the 2010 2011 school year and that he "felt he] could [

rely on"the 2 order forbidding her from enrolling the children without his agreement.
Varonica contends that Stephen never objected to the children's enrollment for the 2010 2011 -

school year. The children attended Life Christian in 2010 2011. In January 2011, Stephen provided Varonica with a list of alternative schools. They
attended mediation in March 2011, but were unable to reach a resolution. On August 19, 2011,

12 days before the start of the 2011 2012 school year, Stephen filed a petition for an ex parte -

restraining order prohibiting Varonica from enrolling the children at Life Christian. After a hearing on August 30, 2011, Pierce County Superior Court Commissioner Clint Johnson granted Stephen's petition and restrained Varonica from having the children attend Life Christian for the
2011 school year,. which was scheduled to start the following day. Commissioner Johnson also

stayed his order pending a revision hearing before Judge Buckner on September 2. After the
revision hearing, Pierce County Superior Court Judge Rosanne Buckner revised Commissioner
Johnson's ruling, denied Stephen's petition for a restraining order, and ordered that the children

0J

No. 42640 4 II - -

continue to attend Life Christian. The children started the school year at Life Christian on
August 31.
ANALYSIS

Commissioner Johnson's order restraining Varonica from enrolling the children at Life

Christian expressly pertained to "this fall," namely, fall 2011. CP at 131. Thus, the only matter
before Judge Buckner on the motion to revise was whether a restraining order would prohibit
Varonica from

enrolling

the children at the school for the 2011 2012 school year.

Judge

Buckner's decision on revision denied Stephen's request and thus removed the restraining
order's bar
to

Varonica

enrolling the

children at Life Christian for that year. The 2011 2012

school year has now ended. Since the order on appeal affected only that school year, it no longer
has any effect on the parties' rights.
The

appellate

courts will

generally

not review

a

decision that has become moot. See

Orwick v. Seattle, 103 Wn. d 249, 253, 692 P. d 793 ( 1984);15A KARL B. TEGLAND & 2 2
DOUGLAS J. ENDE, WASHINGTON PRACTICE: HANDBOOK ON CIVIL PROCEDURE

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Washington Law