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3609EN | November 2019

Respond to Motions for Temporary Family Law Orders or

Immediate Restraining Orders: Parentage Cases

Instructions and Forms


Table of Contents | Page 1

Table of Contents

Part 1. Important Information .................................................................................... 1

A. Respond on time! ............................................................................................ 1

B. What is the difference between a Motion for Temporary Family Law Orders and Immediate Restraining Orders? ............................................................... 2

C. What if I am in the Military or a Military Dependent? ....................................... 3

D. What if I have questions that this packet does not answer? ........................... 3

Part 2. Checklist of Steps .......................................................................................... 4

Part 3. Court forms in this packet .......................................................................... 10

Part 4. Other court forms and documents you may need to get ......................... 11

Part 5. Getting ready to respond ............................................................................ 15

A. Figure out how much time you have to respond and whether the motion is filed in the right place .................................................................................... 15

B. Read the papers you have been given ......................................................... 18

C. Gather your evidence .................................................................................... 18

D. Make sure you have all of the forms you need to respond ............................ 19

E. Decide whether to file your own Motion ........................................................ 19

Part 6. General instructions for filling out forms .................................................. 20

Part 7. How to fill out each form ............................................................................. 25

A. Notice of Appearance – FL All Family 118 .................................................... 25

B. Temporary Family Law Order - FL Parentage 324 ........................................ 25

C. Restraining Order – FL All Family 150 .......................................................... 27

D. Declaration of: – FL All Family 135 ............................................................... 28

E. Financial Declaration of: – FL All Family 131 ................................................ 33

F. Sealed Financial Source Documents (Cover Sheet) – FL All Family 011 ..... 35


Table of Contents | Page 2

G. Sealed Personal Health Care Records (Cover Sheet) – FL All Family 012 .. 35

H. Sealed Confidential Reports (Cover Sheet) – FL All Family 013................... 36

I. Temporary Family Law Order – FL Parentage 324 ....................................... 37

J. Order Appointing Guardian ad Litem for a Child – FL All Family 146 ............ 38

K. Order Appointing Parenting Evaluator/Investigator - FL All Family 148 ........ 40

Part 8. How to file forms with the court ................................................................. 41

A. Getting ready to file and serve ...................................................................... 42

B. Filing your papers in court ............................................................................. 43

Part 9. How to serve forms ...................................................................................... 43

A. Make sure service is completed before the deadline for your response. ...... 43

B. Mail or deliver your papers to the other parties or their lawyers. ................... 43

C. Service must be completed before your deadline. ........................................ 44

D. Instructions for the Proof of Mailing or Hand Delivery - FL All Family 112 .... 45

E. Filing the Proof of Mailing or Hand Delivery .................................................. 45

Part 10. Getting ready for and going to your hearing ............................................. 46

A. Responding to the other party’s reply ........................................................... 46

B. Going to the hearing ..................................................................................... 46

C. Getting an Agreed Temporary Family Law Order ......................................... 49

D. If you disagree with the court’s order ............................................................ 49

Part 11. Checklists of forms ...................................................................................... 50

Part 12. Blank Forms ................................................................................................. 52

This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice.

This information is current as of November 2019.

© 2019 Northwest Justice Project — 1-888-201-1014.

(Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for non-commercial use only.)


Respond to Motions for Temporary or Immediate Restraining Orders: Parentage | Page 1

Part 1. Important Information

This packet will help you respond to a Motion for Temporary Family Law Orders or for

Immediate Restraining Orders and Hearing Notice. Use it only where someone has already

filed a Petition relating to parentage of a child.1

Make sure this is the right packet for you. For help deciding, talk with a lawyer. For general

information, read Parentage and Parenting Plans for Unmarried Parents in Washington.

A. Respond on time!

When you are served with legal papers, you must figure out right away how to respond. If

you do not respond on time, the other party will probably get what they are asking for. For

a motion, you may have as few as four business days after you receive the papers to

file your response (even less if the other party is asking for an emergency order). It

may take time to find legal resources and to read this packet. Start as soon as you get the

papers.

For the court to enter an Immediate Restraining Order and Hearing Notice and for a party

to file a Motion for Temporary Family Law Orders, there must be a case for parentage or

Petition to Change Parenting Plan already filed (or the case must be filed at the same time

as the motion/immediate restraining order). If you are a Respondent, you should receive a

summons and a petition. You might receive the summons and petition with or before the

motion papers. You must file a separate Response to the petition, and will usually have

more time to Respond to the petition than to respond to the motion.2

This packet only discusses parenting plans. We do not recommend you file for a Residential Schedule. It does not say who can make decisions for the children. A parenting plan does.

1 For simplicity, a “parentage case” means any type of legal case related to the parentage of a child. Examples include a Petition to Decide Parentage, or a Petition for a Parenting Plan, Residential Schedule, or Child Support. 2 If you were served in person in Washington, you have 20 DAYS to file your Response to the summons and petition. CR 4(a)(2). If you were served in person in another state, you have 60 DAYS to file your Response. RCW 4.28.180. If you were served by publication, you have 60 DAYS from the date of first publication to Respond. RCW

4.28.110. If you were served by certified mail, you have 90 DAYS to Respond. CR 4(d)(4). Your response times for

the Temporary Family Law Orders hearing are much shorter. They must be met!

http://www.washingtonlawhelp.org/resource/parentage-and-parenting-plans-for-unmarried-p?ref=pIKCA

http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=CR&ruleid=supcr04

http://apps.leg.wa.gov/RCW/default.aspx?cite=4.28.180







Unless you think Washington should not have jurisdiction over you, filing some kind of

response is better than not filing a response or appearing at all. If you do not file a response

in time or go to any hearing, the moving party may get a "default" order automatically

giving them everything they asked for.

B. What is the difference between a Motion for Temporary Family Law Orders and Immediate Restraining Orders?

Look at the papers you have received:

1. A Motion for Temporary Family Law Orders requests a Temporary Family Law

Order. It does not ask for the immediate entry of a restraining order before the

temporary family law orders hearing. The judge will decide at the temporary family

law orders hearing whether to grant the motion’s requests. If you disagree with the

motion, you must respond and go to the hearing.

2. A Motion for Immediate Restraining Order and Hearing Notice requests a

hearing for a Temporary Family Law Order and the immediate entry of a restraining

order. A judge3 might issue an immediate restraining order without any advance

notice to the other parties, or after only very short notice. (A phone call giving the

nonmoving party a few hours’ advance notice counts as “very short notice.”) A judge

will usually only issue an Immediate Restraining Order and Hearing Notice in an

emergency. (Example: risk of immediate harm to children.)

If you have been served with an Immediate Restraining Order already signed

by a judge, you must obey it unless the court changes it. You must also go to the

temporary family law orders hearing. Otherwise, the other party may get

everything their motion asked for.

If you get notice that the moving party is going to court to ask the judge to

sign an Immediate Restraining Order and Hearing Notice, you should go to

court when the moving party does, and object. When you receive very short

notice, the judge may allow you to respond to the request for an Immediate

Restraining Order and Hearing Notice orally rather than in writing. (You will

still need to do written responses for the temporary family law orders hearing

and go to that hearing.)

3 Many decisions in family law cases are made by court commissioners instead of judges. To make this simpler, we just say “judge.”



If the moving party gets an Immediate Restraining Order, with or without advance notice to you, there should still be a temporary family law orders hearing within a few weeks. An Immediate Restraining Order lasts only a short while (usually not more than two weeks). At the temporary family law orders hearing, the judge will decide whether to extend the immediate restraining order and whether to grant other temporary family law orders requested in the motion.

All cases: Any temporary family law orders issued at the temporary family law orders

hearing might last until the judge makes a final decision in the case OR enters other

temporary family law orders.

C. What if I am in the Military or a Military Dependent?

You may have special legal protections. Before filing any papers with the court and well

before your deadline for filing, see your JAG office or a private attorney familiar with the

Service Members Civil Relief Acts for legal advice about protections under these laws. This

packet does not describe special protections that may be available to service members or

their dependents.

D. What if I have questions that this packet does not answer?

Talk to a lawyer familiar with family law before filing anything with the court. Many

counties have family law facilitators who can help you fill out forms or free legal clinics

where you may get legal advice about your case.

Do you live in King County? Call 211 weekdays 8:00 a.m. to 6:00 p.m. From a pay

or public phone, call 1-800-621-4636. They will refer you to a legal aid provider.

Apply online with CLEAR*Online - nwjustice.org/get-legal-help

Call the CLEAR Legal Hotline at 1-888-201-1014.

https://nwjustice.org/get-legal-help

https://nwjustice.org/get-legal-help



Part 2. Checklist of Steps

Use this checklist as you go through your case. We explain many of the steps in more detail

later in this packet.

1. Figure out how much time you have to respond4

o Petition (if you received one):

- My deadline to Respond to the Petition is _______________

o Adequate Cause Hearing (if this is a Petition to Change Parenting Plan

case).

- The date of the adequate cause hearing is_____________________. - The deadline to respond to the Notice of Adequate Cause Hearing

is ___________________________.

o Temporary family law orders (if you received, or later receive, a Motion for Temporary Family Law Order or an Immediate Restraining Order and Hearing Notice).

- The Temporary family law orders hearing date is ______________. - The deadline to respond to a Motion for Temporary Family Law

Orders or an Immediate Restraining Order and Hearing Notice is _________________.

o [ ] I do [ ] do not need to deliver working papers to the judge. o Notice re Military Dependent - If you received this notice and are the

dependent of a military service member as described in the notice, you must notify petitioner and the court within 20 days after you received the notice.

4 You may also have received papers from the other party starting a legal case, including a Summons and a Petition. You must file a separate Response to those papers, and will usually have more time to respond to them than to the motion. Our separate response packets can help you Respond to the underlying case. If you were served in person in Washington, you have 20 DAYS to file your response. CR 4(a)(2). If you were served in person in another state, you have 60 DAYS to file your response. RCW 4.28.180. If you were served by publication, you have 60 DAYS from the date of first publication to respond. RCW 4.28.110. If you were served by certified mail, you have 90 DAYS to respond. CR 4(d)(4).







- The deadline to respond to this notice is _______________.

o Put other deadlines here: ________________________________________

2. Read the papers you have gotten

A. If you have been served with a Motion for Temporary Family Law Orders, the

party filing the motion should have given you these:

Note for Motion Docket (Notice of Hearing) Motion for Temporary Family Law Order Declaration(s) – not required, but often included anyway Proposed Temporary Family Law Order (in some counties) Sealed Personal Health Care Records Cover Sheet (with attachments) and/or

Sealed Confidential Reports Cover Sheet (with attachments) — if certain private information is filed

If the other party is asking for financial relief of any kind (child support, attorney’s fees), you should also have received:

Financial Declaration Federal income tax returns (usually the last two years) Pay stubs (at least one month; some counties require more) Proof of any expenses being claimed Other Financial Information or local forms required in your county

If the other party is asking for child support, you should also have received:

Child Support Worksheets Proposed Child Support Order (required in some counties)

If the other party is asking for a custody order, you should also have received:

Proposed Temporary Parenting Plan or Proposed Temporary Residential Schedule

Information for Temporary Parenting Plan

If the other party is asking for a Guardian ad Litem, you may also have received:

Proposed Order Appointing Guardian ad Litem for a Child OR Proposed Order Appointing Parenting Evaluator or Investigator

If the other party is asking for safety restraints, you may also have received:



Restraining Order Order to Surrender Weapons

If your case is a Petition to Change Parenting Plan, you may also receive:

Notice of Hearing on Adequate Cause and related adequate cause papers

B. If you have been served with a Motion for Immediate Restraining Orders (an Immediate Restraining Order and Hearing Notice), the party filing the motion should have given you these:

Immediate Restraining Order and Hearing Notice showing the judge’s

signature Motion for Immediate Restraining Order and Hearing Notice Declaration(s) – not required, but often included anyway Proposed Temporary Family Law Order (required in some counties) Sealed Personal Health Care Records Cover Sheet (with attachments) and/or

Sealed Confidential Reports Cover Sheet (with attachments) — if certain private information is filed

If the other party is asking for financial relief of any kind (child support, attorney’s fees), you should also have received:

Financial Declaration Federal income tax returns (usually the last two years) Pay stubs (at least one month; some counties require more) Proof of any expenses being claimed Other Financial Information and local forms required in your County

If the other party is asking for child support, you should also have received:

Child Support Worksheets Proposed Child Support Order (in some counties)

If the other party is asking for a custody order, you should also have received:

Proposed Temporary Parenting Plan or Proposed Temporary Residential Schedule


If the other party is asking for a Guardian ad Litem, you should also have received:

Order Appointing Guardian ad Litem for a Child



Order Appointing Parenting Evaluator/Investigator

If the other party is asking for safety restraints, you may also have received:

Order to Surrender Weapons If your case is a Petition to Change a Parenting Plan, you may also receive:

Notice of Hearing on Adequate Cause and related adequate cause papers

If the other party did not give you all the legal papers they should have, ask the judge not to give the other party the relief they asked for. First, write the other party (or their lawyer) a letter, listing the legal papers you believe you should have gotten but did not. If you get the legal papers late or still do not get them, put in your responsive declaration that you did not get all the required papers. Attach a copy of your letter.

3. If you got an Immediate Restraining Order and Hearing Notice signed by a

judge, you must follow it until the judge ends or changes it. Example: The order tells you to stay away from the other party. You must do so even if the other party invites you to come over.

If you have questions about what the order says, talk with a lawyer.

4. Check for special local rules and forms. Check local court rules, or ask the court

clerk or family law facilitator: If the county has its own packets for responding to a Motion for Temporary

Family Law Orders or Immediate Restraining Orders. If so, use theirs instead of

ours. If you use our packet, get any other local forms you need.

If there are local special deadlines for filing and serving motions and responses

to motions.

If your county requires you to prepare proposed orders with any Motions you

file or respond to.

If there are any local case schedule requirements.

If there are local requirements for you to take part in parenting seminars,

settlement conferences, and/or mediation.



If there are limits on the number or length of declarations you may file.

If this is a Petition to Change Parenting Plan case, if local procedures for

adequate cause hearings may affect the scheduling of hearings on immediate

restraining orders and temporary family law orders.5

The court must *check the judicial information system and databases to identify any information relevant to placing the child before entering a permanent or modified parenting plan *in cases where a limiting factor such as domestic violence or child abuse is claimed, have both parties screened to determine whether a comprehensive assessment is appropriate Ask your local court clerk or family law facilitator about procedures your court is using. You may need local forms and procedures not in this packet.

5. Gather your evidence and other forms not in this packet, if necessary.

6. Decide what you want. Decide whether you agree with the other party’s

requests, or which parts you deny or disagree with. Decide if you want to file your own motions.

Survivors of Domestic Violence or Unlawful Harassment: If another party has a history of physically harming you or the children, or has threatened to, and you have had a dating, roommate, marital, or family relationship, or you are a victim of unlawful civil harassment by them, think about filing a petition for an Order for Protection if you need immediate protection. Orders for Protection offer strong safety restraints. Protection order forms are available from the court clerk, from your local domestic violence program, or call the National Domestic Violence Hotline at 1.800.799.7233. For general info, see Domestic Violence: Can the Legal System Help Protect Me. Note: the “petitioner” in the protection order forms is always the protected person, even if they are the respondent in the parentage case.

5 The main Responding packet you are using explains the adequate cause process.

http://www.washingtonlawhelp.org/resource/domestic-violence-how-the-legal-system-can-he?ref=OUKFM

http://www.washingtonlawhelp.org/resource/domestic-violence-how-the-legal-system-can-he?ref=OUKFM



7. Follow the General Instructions. Fill in the captions of all of the forms.

8. Fill out all the forms you are using from this and other packets.

9. Make the necessary copies of each of the completed forms and other

documents you are filing with the court.

10. File your papers with the court clerk’s office in the Superior Courthouse where

your family law case was filed.

11. Arrange to Deliver the Papers to the Other Parties.

12. Deliver a Set of Working Papers6 to the Judge, if Necessary.

13. Fill out and file the Proof of Mailing or Hand Delivery.

14. Review the other party’s reply, if there is one.

15. Get ready for the hearing.

16. Go to the hearing.

17. Get copies of the Temporary Family Law Orders and provide the other

parties copies. If the temporary orders include a Restraining Order protecting you, and the order shows that the restrained party did not appear in court for the hearing or sign the order, you must arrange to have the orders personally served on the restrained party. Have your server complete a Proof of Personal Service form. File that with the clerk. Deliver a copy of the Proof of Personal Service to the law enforcement agency named in the order.

6 If you do not understand the meaning of a word here, see Words and Expressions You Should Know in your Responding packet.



Part 3. Court forms in this packet

This packet has many of the forms you need to respond to the motion. Read the next

section to decide what else you will need. Here is a list of the blank forms in this packet:

Court Form Title Court Form Number

Notice of Appearance FL All Family 118

Declaration of: FL All Family 135

Financial Declaration of: or use Give Financial Information in a Family Law Case, a Washington Forms Online interview that will help you prepare this form at WashingtonLawHelp.org.

FL All Family 131

Sealed Financial Source Documents Form (Cover Sheet)

FL All Family 011

Sealed Personal Health Care Records (Cover Sheet) FL All Family 012

Sealed Confidential Reports (Cover Sheet) FL All Family 013

Temporary Family Law Order FL Parentage 324

Restraining Order FL All Family 150

Order Appointing Guardian Ad Litem FL All Family 146

Order Appointing Parenting Evaluator/Investigator FL All Family 148

Proof of Mailing or Hand Delivery FL All Family 112

https://www.washingtonlawhelp.org/resource/financial-info-forms-online

https://www.washingtonlawhelp.org/resource/financial-info-forms-online



Part 4. Other court forms and documents you may need to get

Our packets provide only the forms you need at the stage you need them. You will need more

than one packet to file and finalize your case. Read the info below carefully. Check the boxes

by the other packets you need.

The Northwest Justice Project has a new program called Washington Forms Online. It helps

people fill out family law forms. We are adding new forms throughout 2019-2020. Some of the

forms you need are available now. Visit WashingtonLawHelp.org to download packets or use

Washington Forms Online.

If you have a very low income, you can get packets by mail by calling CLEAR at 1-888-201-

1014.

Make a Parenting Plan Printable Packet – if either party is asking for a temporary order

about custody and visitation (a parenting plan) or use Make a Parenting Plan, a

Washington Forms Online interview that will help you prepare this form.

This packet only discusses parenting plans. We do not recommend you file for a Residential Schedule. It does not say who can make decisions for the children. A parenting plan does. If you must use a Residential Schedule or have a strong preference, the form (FL Parentage 303) is available at courts.wa.gov/forms.

Child Support Worksheets and Order - if either party is asking for a temporary order

about child support.

Ask for Temporary Family Law Orders: Parentage Cases or Ask for Immediate Restraining

Orders: Parentage Cases – if there are things you want the judge to decide (such as

where the children will stay until final orders are signed) that the other party’s motion

does not cover. If you file your motion before the hearing on the other party’s motion,

you may be able to get a continuance of the other party’s hearing so the judge can

decide both motions at the same time. If you want or need to request a Guardian ad

Litem (GAL) to evaluate and report to the court on parenting issues or genetic testing,

the Order form is in this packet.

Parentage Cases: File a Motion for Genetic Testing- You can use this if the State is not

involved in your case. It can help if someone denies they are the parent or let you rule

https://www.washingtonlawhelp.org/resource/washington-forms-online

http://www.washingtonlawhelp.org/resource/parenting-plans-and-child-support-for-dissolu?ref=ceUuV

https://www.washingtonlawhelp.org/resource/parenting-plan-forms-online

http://courts.wa.gov/forms

http://www.washingtonlawhelp.org/resource/child-support-orders-for-divorce-cases-parentage-cases-and-petition-to-change-parenting-plan-cases

http://www.washingtonlawhelp.org/resource/filing-a-motion-for-temporary-orders-for-pare?ref=QZGiu

http://www.washingtonlawhelp.org/resource/filing-a-motion-for-emergency-orders-for-pare?ref=EBnyR

http://www.washingtonlawhelp.org/resource/filing-a-motion-for-emergency-orders-for-pare?ref=EBnyR

https://www.washingtonlawhelp.org/resource/parentage-cases-filing-a-motion-for-genetic-testing?ref=Al4bC



out someone as child’s parent.

Responding and Finalizing – If you also received papers from a party who has filed a

petition to decide parentage or change a parenting plan, we have separate response

packets to help you respond to the underlying petition in addition to responding to the

motion and to finalize the case.

Respond to a Petition to Decide Parentage

Finalize a Petition to Decide Parentage

Respond to a Petition for a Parenting Plan, Residential Schedule and/or Child Support:

Parentage Cases

Finalize a Petition for a Parenting Plan, Residential Schedule and/or Child Support:

Parentage Cases

Get one or more of those if you have been served with a Summons and Petition at the same

time as the motion.

Declaration about Public Assistance: FL All Family 132: This optional form is not in

our packets. We tell you to serve the State in any case where TANF, Medicaid, or foster

care is involved. We tell you to get the state’s signature on all default and agreed orders

where the state might have an interest in the child support obligation in your case. You

might need the form if your county requires it, or to verify that no public assistance has

been paid, or that the children are not in foster care or out-of-home placement. You can

get it at the Administrator of the Courts website: www.courts.wa.gov/forms.

Serving Papers on the State –if any party is asking for a child support order, and any of

the children has received public assistance, medical coupons, or Medicaid, or is in foster

care or out-of-home placement. You must include the state as a party and serve them

with papers you file.

Proof of Personal Service Form, FL All Family 101. If your temporary order includes

safety restraints protecting you, and the restrained party was not in court when the

order was signed and they did not sign the order, you must have the restrained party

served with a certified copy of the order after the judge signs it. WARNING: law

enforcement will not enforce the restraining or protection order until they receive

proof that the order was served on the restrained party. Use the Proof of Personal

Service form to show the court and law enforcement that the restrained party was

served. Use our How to Serve Papers on the Other Party in a Family Law Case packet.

Law Enforcement Information Sheet. (LEIS) WPF All Cases 01.0400. If your

http://www.washingtonlawhelp.org/resource/responding-to-a-petition-for-establishment-of?ref=m56GS


http://www.washingtonlawhelp.org/resource/finishing-your-petition-to-establish-parentag?ref=0Gkxs

http://www.washingtonlawhelp.org/resource/finishing-your-petition-to-establish-parentag?ref=0Gkxs

http://www.washingtonlawhelp.org/resource/responding-to-a-petition-for-parenting-plan-c?ref=tcBOr


http://www.washingtonlawhelp.org/resource/finishing-your-petition-for-parenting-plan-cu?ref=S97TY

http://www.washingtonlawhelp.org/resource/finishing-your-petition-for-parenting-plan-cu?ref=S97TY

http://www.courts.wa.gov/forms

http://www.washingtonlawhelp.org/resource/how-to-serve-papers-on-the-state?ref=Rzegw

http://www.washingtonlawhelp.org/resource/how-to-serve-papers-on-the-other-party-in-a-f?ref=OERiD



Temporary Family Law Order includes safety restraints protecting you, use this form

when you file the signed order. This form is not served on the other parties. It is

available at www.court.wa.gov/forms and from the court clerk.

Local County Court Forms and Rules. Some counties have other special forms you will

need that are not in this packet. Most will have special local rules you must know to file

your motion. The clerk or facilitator should have more information.

Some county clerk’s offices have forms and local rules available online at www.courts.wa.gov/rules/local.cfm?group=superior.

Notice of Address Change (FL All Family 120): If you move during or after your case,

you must fill this out, file it with the court, and get all other parties a copy. You can get it

at www.courts.wa.gov/forms/index.cfm.

Financial Information. If the other party’s motion is asking for child support,

maintenance or attorney’s fees, or includes any financial issues, in general you need:

Your federal income tax returns from the last two years.

If you do not have copies of your income tax returns, ask the IRS for copies. There is a fee. Ask your local IRS office for the request form. Or ask your local IRS office to give you a computer printout of your income tax returns, for free. While not as good as copies, they are better than not having your tax returns. Go to your local IRS office for more information. If you did not file income tax returns, explain that in your declaration. Give the court other papers that verify your income.

Your pay stubs. (Provide them for at least the previous month. Try to give the

last six months or back to January 1, whichever is longer.)

If you get some type of benefits, get official letters from Social Security, L&I,

Employment Security, or DSHS showing how much.

If you are self-employed, or you have no pay stubs or tax returns, get papers that

prove your income. Examples include:

o Bank account statements and check registers

o Business tax returns or records, or 1099 forms

Any other information necessary to support your request for financial relief

(examples: the other party’s income tax returns or pay stubs, bank account

statements, copies of bills, and so on.)

http://www.court.wa.gov/forms

http://www.courts.wa.gov/rules/local.cfm?group=superior



Some counties’ local court rules may require you to provide more financial

information. Ask the clerk or facilitator if your county requires more

information.

We also offer many other publications, in family law and other areas. Visit

WashingtonLawHelp.org to see everything.

http://www.washingtonlawhelp.org/



Part 5. Getting ready to respond

If you are a military service member or service member’s dependent, talk with your JAG office and see the main Responding packet you are using for a warning and general description of special protections that may be available to you.

A. Figure out how much time you have to respond and whether the motion is filed in the right place

When you get the papers, look at the Notice of Hearing (sometimes also called Note for

Motion, Note for Calendar Hearing, and/or Note for Motion Docket) or the Immediate

Restraining Order and Hearing Notice. File your response by the date stated in the notice. If

the notice does not state a deadline, check your local court rules, or immediately call the

court clerk or family law facilitator, to ask the deadline. In most counties, you must respond

(the other parties and the court clerk and judge must receive your papers) no later than

4:30 p.m. the court day before the hearing. Civil Rule (CR) 6(d). Some courts require you

to respond sooner. Court days are all business days, not weekends or federal and state

holidays.

1. Make Sure the Motion is Filed in the Right County and State

If you have never lived in Washington, this state might not have jurisdiction to enter orders

telling you to do certain things. If another state (or tribal court) has entered orders about

your children, or your children have not lived in Washington for six months or more,

Washington may lack jurisdiction over the children. If you think Washington may not have

jurisdiction over you or your children, talk to a lawyer. Do not do anything which could give

Washington jurisdiction, such as responding, signing agreed orders, or showing up at a

hearing without challenging jurisdiction.




If you think the court may lack jurisdiction, see the description of jurisdiction in Respond to a Petition to Decide Parentage or Respond to a Petition for a Parenting Plan, Residential Schedule and/or Child Support: Parentage Cases, or Respond to a Petition to Change Your Parenting Plan, Residential Schedule, or Custody Order and talk with a lawyer.

Family law motions must also be filed in the right county (venue). Parentage and Parenting

Plans for Unmarried Parents in Washington has more about jurisdiction, venue, and

contesting either.

2. Make Sure You Received Enough Notice

The person who files the motion must give you enough notice of the hearing. You must

receive the papers (in person or at your home) as many days before the hearing as your

county requires. That usually means at least five court days before the hearing, not

including the date the papers are given to you. In some counties, you are entitled to more

notice. If the other person mails the papers to you by first class mail, you should receive an

extra three days to respond after the date they mailed the papers.

Exception: if the moving party is asking for an Immediate Restraining Order, you might get only a few hours’ notice, or no notice. You should still have several days’ notice of the next hearing: the temporary family law orders hearing.

3. If You Need More Time for the Temporary Family Law Orders Hearing

Make sure you have filed and served a Notice of Appearance. Do not ignore a hearing, even

if you got short notice of it! Try to get a continuance. If you do not get a continuance, do

your best to get ready for the hearing, and go to the hearing.

If you did not get enough notice, the court should not enter an order against you on the

hearing date. The judge may not know you got short notice. You must file a declaration

saying so in response to the motion. You must also say so in person at the hearing. You can

try to ask for a continuance (delay) of the hearing. Be as ready as possible for the hearing,

in case the court denies a continuance.

You may also ask for a continuance if you did get enough notice according to the rules, but

simply do not have enough time to respond or you need more time to try to get legal help.




http://www.washingtonlawhelp.org/resource/responding-to-a-petition-to-modifyadjust-a-pa?ref=NAAn4

http://www.washingtonlawhelp.org/resource/responding-to-a-petition-to-modifyadjust-a-pa?ref=NAAn4





You should still be as ready as possible for the hearing, in case the court denies a

continuance.

The main Responding packet for your type of case has more on deadlines.

As soon as you know you want a continuance, contact the other party (or the other party’s

lawyer, if they have one) if possible. Email or fax is best. State that you need more time to

respond to the papers and ask for a new date for the hearing. Depending on your reasons

for asking for the delay, you could ask for a week or longer.

You must ask the other party for a continuance before the hearing if you know you need one. If you just show up for the hearing, the judge may make you pay the other party for having to waste time appearing for the hearing, if the judge believes you could have asked for a continuance in advance. This is especially true if the other party has a lawyer. The other party will need to pay the lawyer for the lawyer’s time even if the hearing does not take place.

If the other person agrees to the continuance, ask for an e-mail, fax, or letter stating they

have rescheduled the hearing. If you do not get written notice that they have postponed the

hearing to a new date (or cancelled it), assume the hearing date has not been changed, and

go to court on the originally scheduled date.

If the other person will not agree to the continuance, you can:

1. Go ahead and respond as best you can and get ready for the hearing. You

should respond in some way if you possibly can. Say first in your declaration that

you want a continuance. If you did not get enough notice, say that. If you did, but you

need more time, say that. Describe your efforts to get the other person to agree to

the continuance. You must also file a Notice of Appearance.

2. Make a Motion for Continuance. You may not have enough time to give the other

party the amount of notice required for a motion for continuance. You may need to

get an Order Shortening Time (an order allowing you to bring your motion on less

than the required time). This packet does not address this type of motion. The

family law facilitator or court clerk may have more information.

3. Ask for a Continuance at the Hearing. Go to the hearing. When they call your case,

stand up. State your name and that you would like a continuance. The judge may ask

your reasons, and may listen to the other party’s reasons why they do not want to



agree to a continuance. If you tried to get the other party to agree before the

hearing, let the judge know that as well.

4. What If the Hearing Already Happened?

If you find out that a hearing already happened, but you did not get any notice in advance,

talk with a lawyer as soon as possible. You may be able to ask the court to vacate

(cancel) the orders. You must do so quickly. The longer you wait, the harder it may be for

you to vacate the orders. It can be very hard to vacate an order that is over a year old.

B. Read the papers you have been given

Carefully read each paper you received. While reading, highlight the main points (and those

you disagree with) with yellow highlighter pen. Or, write notes on a separate piece of

paper. Look for:

The hearing date, time, and place

What the other party is asking for

Whether the other party provided all required forms and proof of their income

Claims the other party has made about you or the case

You must understand what the papers say so you can write a good response to the motion

and get ready for your hearing.

C. Gather your evidence

Try to get the evidence you will need first, for use when filling out your forms. Think about

whether there is information you can gather to help show that what you are telling the

court is correct or that what the other party is telling the court is not true. Your evidence

could include:

Declarations of Witnesses – Declarations of other people who have personal

knowledge about you, the other party, or your children. See the section on

“Witness Declarations,” below.

Records – bills, records of past criminal convictions, medical or mental health

treatment, grades and other school records, and daycare records are examples of

types of records to include in your response.

Photos – of injuries to you or the children, or of damage to your home or other

property.



Financial Information – if financial issues are included in the motion, get

evidence of your income and assets, and evidence of the other party’s income

and assets. Examples include: Your federal income tax return forms from the last

two year, pay stubs, official letters from Social Security, L&I, Employment

Security or DSHS saying how much you get in benefits, bank account statements,

and business tax returns or records, or 1099 forms.

D. Make sure you have all of the forms you need to respond

Use this packet along with our other parentage packets. Some of the forms you may need

may not be in this packet. Go through the lists of forms and the checklists in this packet.

Make sure you have everything you need. The forms you use to respond will be the same

whether the motion is for temporary family law orders or for an emergency order.

E. Decide whether to file your own Motion

If you want an order about something that the other party’s motion does not cover, you can

file your own motion for Temporary Family Law Orders. Try to do so before your hearing

on the other party’s motion. If you do, you may be able to get the other party, or the judge,

to hold a hearing on both motions on the same (later) date. If you do not know whether you

need to file a motion, talk with a lawyer.



Part 6. General instructions for filling out forms

These general instructions apply to all forms you fill out. They cover all types of family law

cases. You may not use some of the info in your case. Read these before you start filling out

any forms.

THE CAPTION. The caption is the name of your case. It is a section appearing at the top of

the first page of every form. See the sample below:

Superior Court of Washington, County of

In re the marriage of:

Petitioner (person who started this case):

Jane Brown

And Respondent (other spouse):

John Brown

No. Notice of Hearing (NTHG)

Clerk’s action required: 1

The caption includes the case name and number, court name, title of the court paper, and,

sometimes, type of case.

Name of court. Put the name of the county the case was filed in the blank after "Superior

Court of Washington County of ."

Case name. Copy the case name from the petition.

Case number. When Petitioner starts the case by filing the initial papers and paying the

filing fee (or having it waived), the court clerk assigns a case number. You must put that

case number on everything you file with the court and serve on other parties. Put the case

This case type is for a divorce.

Put the county where you are filing this form.

Put the case number. The court clerk assigns this number when the

Petitioner files the case.

This is the form’s title.



number near the top on the right-hand section of the first page of every form after "No."

(abbreviation for “number”)

You may be able to use a special stamp at the court clerk’s counter to stamp the case number on each paper.

If you do not put the case number on the first page of everything you file with the court and copies you for other parties, your papers may be lost, or the clerk may return them to you. Some courts will fine you for filing incorrect forms.

Title. Each form has a title directly under the case caption. You may have to add to it.

(Example: On a declaration, you put the name of the person filling out the declaration.)

Format: Pleadings (legal forms) you file with the court and attachments to those pleadings must follow court rules about size and margins (GR 14(a)). You must use regular size (8 ½ x 11”) white paper. You may write on only one side of the paper. The first page of each paper you file must have a three-inch margin (three inches of space) at the top. The other margins (left, right and bottom, and the top from the second page on) must be at least one inch wide. Use black or dark blue ink. If your forms do not follow these rules, the court clerk may refuse to file them or may make you pay a fine.

The contents. Fill out each form according to its instructions. In most counties, you may

print or type. It must be readable. You must use BLACK OR DARK BLUE INK. After filling

out each form, re-read it. Make sure you have correctly filled in all blanks you need to. Any

corrections must be neat and readable.

Do not write in the margins of any page. The clerk may reject your form.

Dates. The last page of most forms (not including orders) has a space for the person who

filled it out to put the date they signed it. The judge puts dates in orders when the judge

signs it.

Signatures.

Your Signature: After you fill out a form, look for the place(s) to sign your name:

Some forms have one signature line for “petitioner” or “respondent.” After you fill out a

form such as the petition, sign at the place that applies to you. Look carefully. You may

have to sign in more than one place. You may have to put the date and the place (city, state)

you signed the form.

http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set=GR&ruleid=gagr14



When you file motions, you are the moving party. After you prepare a motion, look at the

end of the form for the section marked Person making this motion fills out below.

When you prepare an order and plan to present it for the judge to sign, look for the place at

the end for your signature. Check is presented by me.

Judge’s Signature: Leave the judge’s signature line and the date blank.

Other party’s signature: Some forms have a place for other parties to sign. You cannot

force another party to sign a court paper.. If you have prepared an order after a hearing,

the other party may be willing to sign it if they agree it accurately states the judge’s

decisions, or the judge may require the other party to sign.

Agreed orders. If the other party agrees with the orders you have written, they should

sign in the right place on each court order they agree to.

May be signed by the court without notice to me. If you are the respondent or

nonmoving party, or you did not prepare the order, the other party may ask you to

check this box and sign underneath. If you do, you are agreeing the judge should sign

the order as written AND the other party can give the order to the judge to sign without

letting you know when they are going to do it.

Other signatures: If someone else (a witness or the person serving papers) must sign a

form, they must fill out all information correctly and sign in the right space.

Place signed. Declarations and Proofs of Service must include the place you signed them

and the date. (Example: Signed this 10th day of October 2014 at Seattle, WA.)

Identifying Information. Court rules try to protect privacy but also allow public access to

some info in court files. The next three boxes discuss these rules.



Box #1 - Things to not put in most court papers:

Court General Rules 22 & 31 try to protect privacy in family law cases. Almost all pleadings,

orders and other papers filed with the court are available to the public. They may also be

available to the public online.

Except where instructions about a specific form tell you otherwise (example: the forms in

Box #3), use these rules for papers you file with the court.

Address (Where you Live) and Phone Number: Put an address where you can get mail

from the court. It does not have to be your home address. You should also give the court a

phone number where they can reach you.

Social Security/Driver’s License, ID Numbers of Adults and Children: Put only the last

four digits.

Bank Account, Credit Card Numbers: Put the bank name, type of account (savings,

checking, and so on), and last four digits of the account number.

Box #2 - Private information you should file with sealed cover sheets:

If you use a sealed cover sheet, this information is usually available to the other party and

the court. It is not available to the public.

Financial Information: You must attach any paystubs, checks, loan applications, tax

returns, credit card statements, check registers, W-2 forms, bank statements, or retirement

plan orders you file to a Sealed Financial Source Documents form. Then the public cannot

access them.

Medical or Mental Health Records or Information: You must attach anything with

information about someone’s past, present, or future physical or mental health, including

insurance or payment records to a Sealed Personal Health Care Records form. Then the

public cannot access them.

Confidential Reports: Reports intended for court use must have public and private

sections. Attach the private section to a Sealed Confidential Reports Cover Sheet.

Retirement Plan Orders: Certain retirement info belongs in the public file. “Retirement

Plan Orders” do not. Use the Sealed Financial Source Documents Cover Sheet for the

Retirement Plan Order. See GR 22, or see a lawyer if this affects your case.

Other Kinds of Confidential or Embarrassing Information Not Mentioned Above. If the

paper you want kept confidential is not in the above list, you may need to file a motion

asking to have that paper, or part of it, sealed under General Rule (GR) 15. Talk to a lawyer.







Box #3 - When to Put Private Information in Court Forms:

These forms are not in the public file. Information in them is usually not available to the

other party.

You must fill in your personal information completely (including your home address, social

security number, and so on):

Confidential Information Form

Vital Statistics Form

Domestic Violence Information Form

Law Enforcement Information Sheet.



Part 7. How to fill out each form

A. Notice of Appearance – FL All Family 118

This form says you are going to take part in the case and want notice of what is happening.

Caption. Fill out the caption.

1. Put your name.

2. Read this.

3. Put your mailing address. If you are afraid to give the other parties your address, use an

address where you will reliably and immediately learn about mail that arrives for you.

If the mailing address you use on the Notice of Appearance changes during this case, you must fill out and file a new Notice of Address Change, FL All Family 120.

4. You can list an additional address if you want.

Sign and date where it says.

B. Temporary Family Law Order - FL Parentage 324

You ask the judge to sign a Temporary Family Law Order at your hearing. This is your

proposal. The judge may change it. Your proposed order should list everything your

motion asked for. You may also need a temporary parenting plan and child support order

and, if you asked for a GAL, an Order Appointing a Guardian ad Litem or Investigator. If you

asked for safety restraints, you may need a Restraining Order, and/or an Order

Surrendering Weapons. You may need an Order on Adequate Cause if you are filing a

Petition to Change Parenting Plan.

It helps to look at the motion for Temporary Family Law Order when filling out this form.

Everything your motion asked for must be in your proposed order.



These instructions are for a proposed order. If you fill this out after your hearing, have it

show the judge’s decision, even if different from what you wanted.

Caption. Fill out the caption. Check Clerk’s Action Required if your motion asked for a safety

restraining order or the order includes a money judgment.

1. Money Judgment Summary. Check the first box and skip to 2 if you do not want a

money judgment. Otherwise, check the second box. Come back to this section after filling

out section 6. When you do, fill this section out to reflect what you put there.

2. Findings. Check the box showing which party you are. In the blank, put your name. Do

not check Specific Findings – that is for the judge.

3. Active duty military. Check the first box and skip to 4 if the other party is NOT on active

military duty or a military dependent as described in this section. Otherwise, check the

second box. The judge fills out the rest. You may need to fill out an Order re Service

Members Civil Relief Act, FL All Family 170, available at www.courts.wa.gov/forms.

4. Care of children. Check the first box and skip to 5 if no one asked for a temporary

parenting plan. Check the second box if you want a temporary parenting plan and fill out

the table. Then immediately underneath, check boxes and fill out blanks as needed to show

anything else you want the judge to order. Read the Important box and follow its

directions if they apply to your case.

We discuss parenting plans only. We do not recommend Residential Schedules. It does not say who can make decisions for the children. A parenting plan does. If you must use a Residential Schedule (FL Parentage 304), you can get it at www.courts.wa.gov/forms.

5. Provide support. Check the first box and skip to 6 if no one asked for child support.

Check the second box if the other party asked for support but you do not want a support

order. Check the third box if you want a support order.

6. Fees and costs. Check the first box if no one asked for an order about this. Check the

second box if the other party asked for an order about this but you do not want it. Check

the third box if you are not sure. Check the fourth box if you want one person to pay the

other’s court costs or fees. Then, in the first blank, put who will pay the fees. Check the

appropriate box underneath and fill out blanks as needed to show how much and who they

will pay. Money Judgment: Most people will check the second box and leave interest at

12%.

7. Restraining order. Check the first box and skip to 8 if no one asked for a restraining

order. Check the second box if the other party asked for a restraining order but you do not





want it. Check the third box if you want a restraining order, and then check the box

underneath and fill out any blanks needed to show the details of what you want. Check the

fourth box if you want the court to end a restraining order it previously issued in this case.

Then fill out the blank.

8. Other temporary orders. The judge may use this.

9. Ordered. LEAVE THIS FOR THE JUDGE.

Petitioner and Respondent or their lawyers fill out below. There are two columns of

boxes to check, one column for each party. You should check all the boxes in your column

that apply, and at least is presented by me. You sign and print your name and the date

where it says.

C. Restraining Order – FL All Family 150

Use this only if your motion asked for a Restraining Order (you checked the third box in

section 9 of the Motion). Otherwise, skip this form.

Have your Motion for Temporary Family Law Order, turned to section 13, in front of you

while filling this out.

1. This Order restrains. Put whom your motion asked the court to restrain. Give the info

requested.

2. This Order protects. Put your name. If you want this order to cover any of your

children, fill out the table underneath with the info requested.

3. To the Restrained Person listed in 1. The judge puts the date this Order expires

(ends).

4. Findings.

Authority: Do not make any changes to this.

Notice: Check the boxes showing how the other party got notice and whether they

were at the temporary family law orders hearing.

Credible Threat: Check this only if you want the judge to order the other party to

surrender weapons.

Intimate Partner: Check this if true in your case.

Military: Check Petitioner if true of Petitioner. Check Respondent if true of a

respondent.



5. Court Orders to the Restrained Person listed in 1.

Do not disturb: Check this if your motion asked for this.

Stay away: Check this if your motion asked for this. Home addresses: check the first

box if you do not want your address to be part of the court record. Check the second

box if you can list your address, and put it here. Distance: Check this box if your

motion asked to keep your spouse a certain distance from you. Put that distance.

Do not hurt or threaten: Check this if your motion asked for this.

Prohibit weapons and order surrender: Check this if your motion asked for this. You

will also need Getting a Court Order for the Surrender of Weapons: Family Law

Cases. Findings: Check must if you can check either box immediately underneath.

Otherwise, check may and all boxes immediately underneath that apply.

6. Service. Check ”the other party does not need to be served” if true. Otherwise, check “the

other party must be served” and everything underneath that applies.

You have a right to have law enforcement serve this order free of charge: Most people

will check the first box underneath this.

The other party does not have to be served: check this only if true.

7. To the clerk. Put the name of the sheriff department or police department that will

enforce this order.

Petitioner and Respondent or their lawyers fill out below:

There are two columns of boxes to check, one for each of up to two petitioners and two

other parties. You should check is presented by me. You should sign and print your name

and the date where it says.

D. Declaration of: – FL All Family 135

If you include personal health records, financial information, or confidential reports in any

declaration, or as an attachment to a declaration, follow the instructions at the end of the

form about using sealed cover sheets to protect the information from the public file.

1. Your Declaration:

The Declaration form is the main form for responding to a Motion for Temporary Family

Law Orders or for Immediate Restraining Orders. Declarations are sworn statements you,

and maybe other witnesses, write and give to the court and the other party. Your

declaration tells the court if you agree with each request in the other party’s motion.

http://www.washingtonlawhelp.org/resource/getting-a-court-order-for-the-surrender-of-weapons-family-law-cases

http://www.washingtonlawhelp.org/resource/getting-a-court-order-for-the-surrender-of-weapons-family-law-cases



Example: The other party asked the court to award them temporary custody. You may

agree with that, or you may ask for temporary custody, for the children to live with you or

for you to have more residential time, and so on..

The declaration is your chance to present the facts you think are important, and to answer,

deny or explain any of the claims or statements the other party’s motion may have made

about you. Attach supporting evidence to your declarations, such as medical or treatment

records, police records, bills, pay stubs, or school records – number them (1, 2, 3) or mark

them with letters (A, B, C). The attachments should follow format rules for court pleadings.

(See the “General Instructions” section.)

If you refer to private health or financial information in a declaration or want to include it

with the declaration, do not attach the exhibit directly. Follow the procedures for sealed

cover sheets, described in “General Instructions” and below. (See the paragraphs “Some

Brief Rules about Witness Declarations.”)

Depending on the specific needs of your case, your declaration may cover some or all of the

following areas:

1. Child Residential Arrangements - Custody and Visitation: If the other party has

asked for a parenting plan, custody or visitation, and you want something different,

you must convince the judge to rule in your favor. File your own declaration,

proposed temporary parenting plan, and Declaration in Support of Temporary

Parenting Plan. Use our Make a Parenting Plan packet.

In your declaration:

Describe your relationship with the children. Explain what you do on a daily

basis to take care of them, and what you and the other party have done to care of

their daily needs for the past year.

Describe the other party's relationship with the children. If the other party has

not helped in the daily care of the children, explain that.

If appropriate, explain why you think the judge should restrict the other party's

contact with the children. Examples: physical or emotional abuse of you or the

children, or drug or alcohol abuse.

Courts do not like to deny a parent visitation with their children. If you want the

judge to restrict the other party's time, you must give facts showing that time with

that parent will be harmful to children’s best interests. On the other hand, if you

want the other party to have custody of the children, or reasonable visitation with

the children (example: alternating weekends and holidays), state this.

http://www.washingtonlawhelp.org/resource/parenting-plans-and-child-support-for-dissolu?ref=ceUuV



2. Deny or Explain the Other Party's Statements about You: The declaration is your

chance to tell your side of the story. If the other party has said things in their papers

that you disagree with, your declaration must say you think what they are saying is

wrong. Then give the correct version of what happened.

3. Asking for Specific Temporary Family Law Orders: Generally, when you respond

to a Motion for Temporary Family Law Orders, you cannot ask for orders about

things that were not included in the other party’s motion. If you want an order

about something that was not in the other party’s motion, or you want

restraining orders against the other party, you must file your own Motion for

Temporary Family Law Orders. (We have packets on filing for Temporary Family

Law Orders and Immediate Restraining Orders). You may ask for orders about

subjects that were already included in the other party’s motion. Example: The

other party asked for an order about where the children will live temporarily. You

may ask for a different order about where the children will live, who will make

decisions about the children on a temporary basis, and whether the judge should

restrict the other party’s contact with the children. If you do not know if you should

file your own motion, try to talk with a lawyer.

There is a Temporary Family Law Order form here for you to fill out and bring to the

hearing, if needed. (Some counties require you to file and serve a proposed order in

advance if you disagree with the motion.) Do not check any boxes on the Temporary

Family Law Order form that your declaration does not request. You should support

and explain each order you request with facts in your declaration.

2. Declarations of Other Witnesses

You should file declarations from other people who can tell the court facts that support

your position. These people should have direct, personal knowledge about you and your

care for the children, or about other contested issues. Possible witnesses:

Batterers’ treatment providers or domestic violence advocates – regarding

domestic violence issues

Teachers – regarding the children's school behavior and grades, and which

parent is more involved with the children's school work or school activities

Child care workers – regarding the children's behavior at daycare, and which

parent is more involved with respect to daycare

Doctors and nurses – regarding the children's health, any abuse suffered by the

children, and/or which parent is more involved with the children's health care



Neighbors – regarding what they have seen regarding the daily life of the

children and the rest of the family

Coaches, scout leaders, religious leaders, parents of your children's friends

or family members

Caution: by presenting a declaration from a witness, you may be giving up the right to

keep confidential other information that witness has about you or the children.

In their declarations, your witnesses should explain the following:

Full name and address. Professionals should give information about any degree

(M.D., Ph.D., M.S.W.) and their profession.

The nature of their relationship with you, the other party and the children.

How long they have known you, the other party and the children.

You and your witnesses are free to put whatever facts you want in your declarations, but

the format and filing of the declarations are very important.

a) Some brief rules about witness Declarations

The person making the declaration is the Declarant.

Put the most important points at the start. Less important points should come later.

The declarant should base their statement on their own personal knowledge (what they saw

or experienced firsthand), not what someone else told the declarant. Exception: the

declarant may talk about what one of the other parties has said.

The declarant should explain how well they know you or the people they are writing about,

how often they see the people, and in what situations. Example: “Mr. Jones has worked for

me at Acme Plumbing for 15 years. I see him almost every day at the office. Also, because our

sons are on competing soccer teams, I have seen him coaching his son’s games three or four

times this season. He has invited me into his home a two or three times for dinner with his

family over the years I have known him.”

The writer must type the declaration or print it neatly in black or dark blue ink. (A few

courts require that you type all declarations.) If the declaration is hard to read, the judge may

not try.

Do not make the declaration too long.



Stick to issues the judge will be deciding. Be specific on those issues.

In a custody or visitation dispute, general statements, such as “she is a bad

mother,” or “the children are much happier now living with Mary,” do not help.

The declaration should describe specific things, and state when and where

incidents happened. Example: “I live on the same street as Joe. About a year ago,

Joe knocked over our mailbox while driving. I ran out to the street to see what

had happened. Joe was standing next to his car. I smelled liquor on his breath. I

have seen him weaving down the road in his car three other times this year.”

In a child support dispute without custody or visitation issues, the above type of

statement may not be relevant. If it is not relevant, do not include it.

Attach extra pages to the declaration if you need more space. Any extra pages should also

have margins of at least one inch. You should number all the pages at the bottom.

Some courts limit the number of pages you can file with a motion. Check your local rules, or ask the court clerk or facilitator.

If you attach documents to declarations, such as printouts of bills, school records, medical

or treatment records, police records, and so on, refer to them in the declaration and call the

attached documents exhibits and number them Exhibit Number 1, Exhibit Number 2, and

so on.

If the papers you are attaching do not require a sealed cover sheet (see the

General Instructions section), staple them to the declaration.

If the papers you are attaching have personal medical or mental health

information, or financial records, or confidential court reports, put an exhibit

number or letter on each paper you are attaching. When the declarant mentions

that paper, they should use that exhibit number or letter and put it is “filed with

the Sealed Personal Health Care Records cover sheet on _______________ (date).” Do

not staple the paper to the declaration. Attach it to the appropriate Sealed Cover

Sheet form before you file and serve it. We describe the sealed cover sheet forms

elsewhere in this packet. (See the General Instructions section about what to

keep out of the public file.)

b) Filling out the Declaration form

Caption. Fill out the caption and make as many copies of this form as you will need before

anyone adds any other information. This way, you will have blank forms with just the

caption on them, so you may give a copy to each witness to fill out and have one for you to

use, where necessary.



On the right side of the caption, after declaration of…, put the declarant’s name. Do the

same next to Declaration of under the caption.

1. In the first blank, put the declarant’s name. In the second age, put the declarant’s age.

Check the box showing who the declarant is. If you check “other,” explain in the blank

(examples: “petitioner’s friend,” mother’s counselor,” “child’s daycare provider”).

2. I declare. The declarant should type or print neatly in black ink the information they

want to tell the judge. (A few courts require typing.) Follow the suggestions in section a.

I declare under penalty… The declarant must check the box and put the number of pages

they are attaching if the declaration is longer than two pages.

Signed at: The declarant puts the place and date they are signing this declaration.

Underneath, they sign and then print their name.

E. Financial Declaration of: – FL All Family 131

The Financial Declaration tells the court how much you make, and how much you must pay

in monthly expenses and bills. Fill out this form if the motion you are filing or responding

to asks for child support, attorney’s fees, or any type of financial relief. Child Support

Worksheets and Order also explains how to fill out a Financial Declaration. Fill out just one

for this motion.

Instead of filling out the financial declaration form in this packet, you can use our do-it-yourself interview program, Washington Forms Online, to complete this form at WashingtonLawHelp.org.

Caption. Fill in the caption, including your name.

1. Your personal information. Give the info requested. Check yes if you are working and put your hire date. Check no if you are not working and give the info provided.

2. Summary of your financial information. Skip this section. Come back to it after filling out the rest of the form.

3. Income.

If you do not know the other parent’s income, give your best estimate, or use the support schedule’s instructions for imputing income.

Use the column You for your information. Use the column called Other party for the other

parent. Fill in the income information and income deduction information requested.

Make sure you use the correct column for each party.



https://www.washingtonlawhelp.org/resource/washington-forms-online



Income from Benefits: If a parent gets Social Security Disability (SSDI) or workers’

compensation (L&I, or other disability benefits from an employer), put that amount in

Other Income.

Work-Related Disability Benefits: If a parent gets SSDI, L&I and some employer-paid

disability benefits or Social Security retirement, and the children get dependent benefits as

a result, the payments they get directly count as income to that parent even if the money

actually goes to the other parent or custodian. You should add those amounts under 3A to

income of the parent getting benefits. Those benefits should also be credited as child

support paid by the parent. The paying parent’s support should go down dollar for dollar

by the amount of dependent benefits their children get directly for current child support.

See RCW 26.18.190; In re Marriage of Maples, 78 Wash. App. 696 (1995).

Deductions from Income: If you include any deductions from income other than income

tax, FICA, and L&I payments, you must be able to prove each deduction. RCW

26.19.071(5). Paystubs may show union and pension plan deductions. You must have extra

proof (such as pages from a collective bargaining agreement or employee handbook, or a

letter from the employer) that these deductions are required. If pension deductions are

voluntary, you must have proof that you have had the deduction taken for at least two

years. If the other parent disputes your claims, be ready with business records and receipts

showing any business expenses you are claiming. Follow the instructions at the end of the

Financial Declaration Form. Attach private financial information to the Financial Source

Documents Cover Sheet.

4. Other Income and Household Income.

A. Other income. In the blanks, put the name and amount of any other income (including

TANF, SSI, or food stamps) a parent gets regularly.

B. Household Income. List the gross monthly income of other adults in the household. That

income is not included in calculating the basic child support obligation. The court might

consider it if someone asks for a deviation from the standard child support amount.

5. Disputed income. If you think anyone will dispute a parent’s income, state what you

believe the correct amount of that parent’s income is. Explain why you believe that is the

true amount.

6. Available Assets. List your cash, and things that you own that you could easily sell for

cash. (Examples: stocks, bonds, and so on.)

7. Monthly Expenses after Separation. Fill in your monthly household expenses. Fill in

your best estimate of each expense. Many expenses are not monthly. For those, take the

actual amount you pay. Calculate the monthly average. Example: If you pay your car






insurance every six months, take the amount you pay, divide it by 6, and put that amount in

the blank under 7F.

Your total monthly expenses may end up being more than your net monthly household

income. This is especially common for people who have low incomes. You may put off

paying a certain bill or make other cutbacks in your expenses. Your monthly expenses do

not need to be equal to or less than your income. But if your expenses are far more than

your income, the court might ask how you are meeting your expenses. Be ready to show

how you are doing it.

8. & 9. Section 8 is for giving more details about expenses you already listed in 7.

11. Attorney Fees. If you hire a lawyer for this case, put those expenses here.

Signed at: Put the city/town and state where you are signing this form, and the date. Sign

and print where indicated.

F. Sealed Financial Source Documents (Cover Sheet) – FL All Family 011

You must use this form whenever filing private financial documents with the court. Keep a

blank copy in case you must file more financial documents later. You may attach one form

to a stack of documents.

1. Caption: Fill in the caption.

2. Check the boxes next to each type of paper that you are filing. The instructions to the child support worksheets tell you which documents you need to file if you are submitting child support worksheets.

3. If you are afraid for your safety or the children’s safety, you may block out information that identifies your location on the copies that you file with the court and deliver to the other parties.

4. Submitted by: Check the box that applies to you. In the blanks, sign and print your name.

G. Sealed Personal Health Care Records (Cover Sheet) – FL All Family 012

Use this cover sheet on any records or correspondence with info relating to someone’s past,

present, or future physical or mental health condition, including past, present, or future

payments for health care.

Some of the papers you should use this cover sheet for are:

Medical or mental health records and bills



Letters or declarations from doctors and counselors

medical bills and statements of medical coverage (or denial)

cost estimates for medical care

social security and L&I and other disability program letters and records

medical evaluations

medical insurance records

dental records

records of alternative health care practitioners such as massage therapists,

acupuncturists or chiropractors

genetic parentage testing.

Keep a blank copy of this form. You might need to file more health care records later.

Attach the confidential personal health care records to this form.

Fill out the caption. Check the boxes showing what type of records you are attaching.

Submitted by: Check the box that applies to you. Sign and print your name.

H. Sealed Confidential Reports (Cover Sheet) – FL All Family 013

This is the cover for some confidential reports filed with the court, including the following

when intended as reports to the court in a family law case:

Parenting evaluations

Domestic Violence Assessment Reports created by certain qualified people

CPS reports

See the form for other types of reports

The person preparing the report must also file a public portion listing just the materials or

information reviewed, the individuals contacted, the tests conducted or reviewed, and the

conclusions or recommendations reached.

Instructions for the Sealed Reports form:



1. Caption. Fill out the caption.

2. Check the boxes next to the type of report.

3. Attach the confidential part of the report to this form. If you are afraid for your safety or the children’s safety, block out any info identifying place and address on the copies you file with the court and deliver to the other parties.

4. Submitted by: Check the box that applies to you. Sign and print your name.

I. Temporary Family Law Order – FL Parentage 324

You will ask the judge to sign a Temporary Family Law Order after your temporary family

law orders hearing. It is your proposal. The judge may change it after your hearing. It

should list everything you want the judge to grant at your temporary family law orders

hearing. You may also need a Temporary Parenting Plan, Restraining Order, Child Support

Order, and/or and other orders (example: an Order Appointing a GAL).

Remember: if you are making requests yourself, not just responding to what the other

party has asked for, you should file and serve your own motions.

Some counties require a proposed order. If yours does or you choose to write one before

the hearing, have it show what want the judge to order. Look back at the requests in your

response. Make sure you included everything you want in both the response and order.

These instructions are for a proposed order. If you fill out this form after your hearing,

have it show the judge’s decision, even if different from what you wanted.

Caption. Fill out the caption. Check Clerk’s Action Required if your motion asked for a safety

restraining order or the order includes a money judgment.

1. Money Judgment Summary. Check the first box and skip to 2 if you do not want a

money judgment. Otherwise, check the second box. Come back to this section after filling

out section 6. When you do, fill this section out to reflect what you put there.

2. Findings. Check the box showing which party you are. In the blank, put your name. Do

not check Specific Findings – that is for the judge.

3. Active duty military. Check the first box and skip to 4 if the other party is NOT on active

military duty or a military dependent as described in this section. Otherwise, check the

second box. The judge fills out the rest. You may need to fill out an Order re Service

Members Civil Relief Act, FL All Family 170, available at www.courts.wa.gov/forms.

4. Care of children. Check the first box and skip to 5 if no one asked for a temporary

parenting plan. Check the second box if you want a temporary parenting plan and fill out




the table. Then immediately underneath, check boxes and fill out blanks as needed to show

anything else you want the judge to order.

We discuss parenting plans only. We do not recommend a Residential Schedule. It does not say who can make decisions for the children. A parenting plan does. If you must use a Residential Schedule (FL Parentage 304), you can get it at www.courts.wa.gov/forms.

5. Provide support. Check the first box and skip to 6 if no one asked for child support.

Check the second box if the other party asked for support but you do not want a support

order. Check the third box if you want a support order.

6. Fees and costs. Check the first box if no one asked for an order about this. Check the

second box if the other party asked for an order about this but you do not want it. Check

the third box if you are not sure. Check the fourth box if you want one person to pay the

other’s court costs or fees. Then, in the first blank, put who will pay the fees. Check the

appropriate box underneath and fill out blanks as needed to show how much and who they

will pay. Money Judgment: Most people will check the second box and leave interest at

12%.

7. Restraining order. Check the first box and skip to 8 if no one asked for a restraining

order. Check the second box if the other party asked for a restraining order but you do not

want it. Check the third box if you want a restraining order, and then check the box

underneath and fill out any blanks needed to show the details of what you want. Check the

fourth box if you want the court to end a restraining order it previously issued in this case.

Then fill out the blank.

8. Other temporary orders. The judge may use this.

9. Ordered. LEAVE THIS FOR THE JUDGE.

Petitioner and Respondent or their lawyers fill out below. There are two columns of

boxes to check, one column for each party. You should check all the boxes in your column

that apply, and at least is presented by me. You sign and print your name and the date

where it says.

J. Order Appointing Guardian ad Litem for a Child – FL All Family 146

Use this only if your motion asked for a GAL. If not, skip this form.




The judge may appoint a GAL if there are concerns about the children’s safety and well-

being, and the judge believes a GAL should make recommendations about the children’s

best interests. Some judges routinely orders custody evaluations or investigations.

If the court orders an evaluator or investigator instead of a GAL or that is what you asked for, use the next form in this packet.


1. Check the box showing which party you are. Put the children’s names and ages.

2. Check parentage law.

3. Fill in the blank if you know the name of the GAL you want the judge to appoint. The GAL

must agree to serve. The other party must also agree to that GAL. Otherwise, the judge

will choose the specific GAL for your case. Most counties appoint the GAL from a rotating

list of available GALs. You usually will not put the name of the GAL before your hearing.

4. Read this.

5. Check everything you want the GAL to do.

6. GAL’s report: The judge fills this out.

7. – 9. Read these sections.

10. GAL’s Fees. If you know the GAL’s hourly fee, put it. Otherwise, the judge should fill in that

and the next blank. RCW 26.12.183.

In the second paragraph, check the box and fill in blanks showing who should pay the GAL’s

fees and costs, and how.

Use our Your Family Law Case: If You Cannot Afford the GAL Fee packet to ask the judge to waive (excuse) any of your payment of the GAL fee.

11. Appointment ends. Check the box showing when you want the GAL’s appointment to

end.

12. Other orders. The judge may add something here.

Ordered. LEAVE THIS FOR THE JUDGE.

Parties or their lawyers fill out below. There are two columns of boxes to check, one for

Petitioner and one for Respondent. You should check is presented by me in your column.

Sign and print your name and the date where it says.


http://www.washingtonlawhelp.org/resource/your-family-law-case-if-you-cannot-afford-the-gal-fee?ref=WEm2u



K. Order Appointing Parenting Evaluator/Investigator - FL All Family 148

If the court appoints a GAL instead, or that is what you asked for, use the form before this one.


1. Check the box showing which party you are. Then put the children’s names and ages.

2. Check parentage law.

3. You usually will not fill this in before your hearing. Fill out the blank if you know who

you want the judge to appoint. That person will have to agree to the appointment and

the other party will have to agree to that person. Otherwise, the judge will choose the

specific person for your case.

4. Duties. Check everything you want the evaluator or investigator to do.

5. Report. The judge will fill this out.

6 – 8. Read these.

9. Fees. If you know the investigator’s or evaluator’s hourly fee, fill that in the blank.

Otherwise, the judge should fill in that and the next blank. RCW 26.12.183.

In the second paragraph in this section, check the box and fill out the blanks showing who you

want to pay the fees and costs, and how.

10. Appointment Ends. Check the box showing when you want the evaluator’s or

investigator’s appointment to end.

11. Other orders. The judge may add something here.

Ordered. LEAVE THIS FOR THE JUDGE.

Parties or their lawyers fill out below: There are two columns of boxes to check, one for

Petitioner and one for Respondent. You should check is presented by me. You should sign

and print your name and the date where it says.




Part 8. How to file forms with the court

After you have filled out the forms, you will file them with the court, serve the other parties,

and file your proof that service has been made. The following sections explain how.

Re-check Your Deadlines. Make sure to file your response and serve the other party far

enough before your hearing date. In most counties, you must file and complete service of

your response no later than one court day before the hearing. CR 6(d). (Some counties

require an earlier response.) Check with the clerk or facilitator. Make sure you are filing by

your deadline.

If you miss the deadline, file and serve your papers anyway. If the other party objects at the

hearing, ask for a continuance of the hearing so the judge will consider your papers. But try

to be ready to go ahead with the hearing on the original date, if the court denies a

continuance.

Make sure you know who must be served or is a party to the case. Usually the other

party is the only party. The caption should list other individual parties by name. You must

have each of them served.

If the children have ever gotten public assistance (TANF), or Medicaid, or if they are in

foster care or out-of-home placement, you must serve the State of Washington. (Use our

Serving Papers on the State packet.) If the court has appointed a GAL, you must serve them

as well. Talk with a lawyer if you are not sure who to serve, or if someone not named in the

caption has or claims a right to custody or visitation with the children.

Make sure you have all the forms and documents you need. You must have the other

party served with every paper you want the court to consider, including any witness

declarations, your own Declaration, and all your proposed orders. Do not serve any

Confidential Information Sheet and Attachment forms or any Law Enforcement

Information Sheet. You may have child support worksheets, a proposed parenting plan, a

financial declaration, and other forms. Look at the checklists of forms in this packet. Make

sure you have copies of all the forms you need to serve on the other party. You may need

forms from other packets, such as the Make a Parenting Plan packet.

How to serve: Do not serve the papers yourself. Arrange to have the papers delivered in

person or mailed. We explain below.


http://www.washingtonlawhelp.org/resource/how-to-serve-papers-on-the-state?ref=Rzegw

http://www.washingtonlawhelp.org/resource/parenting-plans-and-child-support-for-dissolu?ref=JQzyh



When to serve: Your papers must be served on all the parties before the deadline in your

county. For some counties this is one day before the hearing. For others, the deadline is

earlier. If you are mailing your responding papers, add at least three extra days. We

explain below. If the papers you receive do not state your deadline, ask the family law

facilitator or the court clerk, or check your local court rules.

A. Getting ready to file and serve

1. Figure out how many copies of each form you will need. Make the copies.

The original of each form will be filed with the court clerk in the county where the case

has been filed. Make copies as follows: (except, if you have prepared the Confidential

Information Form and any Attachment and/or LEIS,7 make just make one copy, for

yourself, of these three forms)

________ one copy of each form for yourself

________ one copy of each form for the other party

________ if there are other individual parties one copy of each form for each of these

parties (1 x ___ number of other parties)

________ one for the State (if the State is a party)

________ one for the GAL if there is one in your case

________ one copy as working papers, if your local court requires you to give the

judge “working papers” before a hearing and you have upcoming hearings.

________: total. This is how many copies to make of each document (except just make

one copy, for yourself, of the Confidential Information Form and any

Attachment and LEIS. These forms are not served on any other party).

2. Organize your papers.

3. Make a set of the papers for the court and for each party. Put all the original

forms into the set for the court. Put the copy of the Confidential Information Form and

any Attachment and LEIS (if you are using these forms) into your own set. Compare

each set to the checklists in this packet. Make sure you have what you need.

Put each of the other parties’ sets of papers in an envelope addressed to that party at

7 The Confidential Information Sheet and Attachment are in our basic Responding packets. They are filed with your first court papers. You must update them when information in them, such as your address, changes. The LEIS is not in this packet. Use it with restraining orders and Orders for Protection. Get it at the court clerk’s office.



the legal address they have provided. Add your return address for legal mail. (For your

return address, use the address on your Response or Notice of Appearance.)

B. Filing your papers in court

Take the originals and the copies to the superior court clerk’s office in the

courthouse where the case has been filed. Give the clerk the original copies of your

documents for filing. (The clerk does not put the Confidential Information form or any LEIS

in the public file.) If you have any proposed orders for upcoming hearings, ask the clerk

what to do with the original proposed orders.

Part 9. How to serve forms

After filing your papers with the court, you must have them properly served on (delivered

to) the other parties. Do not serve the Confidential Information form and any Attachment

and LEIS.

A. Make sure service is completed before the deadline for your response.

Service is required. The other parties have the right to know your response to the papers

you have received.

The court does not serve the other parties for you. You must arrange for service and make

sure your server delivers the papers properly.

After the Summons and Petition have been properly served, you can have most papers

served on the other party by mail or hand delivery. We explain below. CR 5(b)(1)-(2).8

Carefully follow the rules about service.

After service is completed, file proof of service with the court, explained below.

B. Mail or deliver your papers to the other parties or their lawyers.

Since you are responding, your papers can be given to the other parties by either regular

mail or by hand delivery. While the case is going on, if a party has given you an address for

8 You can also have a party personally served (using the same procedures as described in our Filing packets for serving the Summons and Petition), and have a Proof of Personal Service prepared and filed. This packet tells you if a form needs to be personally served.




service of legal papers (examples: in the Summons form, a Notice of Appearance, or a

Response), serve them at that address. If a party has a lawyer, have the papers delivered to

the lawyer.

C. Service must be completed before your deadline.

Some county courts allow you to do your own service. Others do not. To be safe, do not

deliver or mail the papers yourself. Ask an adult friend or relative to do it for you.

When your friend has mailed or delivered the papers to a party, have them fill out

the Proof of Mailing or Hand Delivery the same day. Your server should fill out a

separate form for each person they mail or deliver the papers to. You then file the original

Proof of Mailing or Hand Delivery forms. Keep a conformed copy for your records.

Mailing. If your friend mails the papers, make sure they add three days to the

number of days’ notice required for your response. When counting, do not count

the day of service (or mailing), weekends, or court holidays. Example: if a

document is mailed on a Monday, it is considered served on Thursday. This

is important when setting up or responding to hearings. There are deadlines by

which papers must be served. If the third day is on a weekend or holiday, the

document is not “served” until the next court day.

If a document is sent by regular mail, have an extra copy sent by certified mail,

return receipt requested, for more proof of mailing. Staple the green return

receipt card to the Proof of Mailing or Hand Delivery.

Hand Delivery. The papers may be delivered to the other party, instead of

mailed. “Delivering” the papers to another party or their lawyer means one of

these:

o handing it to the lawyer or party

o leaving it at his office with their clerk or other person in charge of the

office9

o if no one is in charge, leaving it in a place in the office where someone can

easily find it (example: on top of the front desk)

o If the office is closed or the person has no office, leaving it at their home

with an adult living there

9 DO NOT serve other parties at their offices, unless they have used that as their service address in a Notice of Appearance, Petition, Notice of Address Change, or Response form.



D. Instructions for the Proof of Mailing or Hand Delivery - FL All Family 112

Make some blank copies of this form. You may need to fill it out and file it several times. Use

this form to show that copies of papers you file in court have been given to the other

parties. Use a separate form for each party to whom papers were mailed or delivered.

Caption. Fill in the caption.

1. Have your server check the third box and put their name.

2. In the first blank, the server should put the date they served the papers. In the second

blank, they should put who they served. Then they should check the boxes and fill out any

blanks as needed to show how they served the other party.

3. List all documents you served: Your server must check the box for every form they

sent or delivered to the other party. If they leave out a form, you will have no proof it was

served.

I declare under penalty of perjury: Your server should sign and date the form, state the

place signed (city and state), and print their name where it says.

E. Filing the Proof of Mailing or Hand Delivery

Make one copy of each completed Proof of Mailing or Hand Delivery. Do not give

copies of this form to the other parties. If you mailed a copy of the forms by certified mail,

and have a certified mail receipt back from the post office, attach the original receipt to the

Proof of Mailing or Hand Delivery you file with the clerk. Make a copy for your records. If

you used certified mail but do not have the green receipt back when filing the Proof of

Mailing or Hand Delivery, file the receipt later, attached to a page labeled with your case

caption.



Part 10. Getting ready for and going to your hearing

Make Sure Your Hearing is Happening. Call the court clerk one day before the hearing to

be sure it is still scheduled to happen (“on the docket”). Tell the clerk or leave a message

stating your name, the case number and name, your scheduled hearing date, that you are

calling to make sure the hearing is taking place, and your phone number.

Striking (Cancelling) Your Hearing: If you and the other party agree on the temporary

family law orders before the hearing, you can cancel the hearing. Usually the person who

filed the motion must call the court to cancel the hearing. Call the court one day before the

hearing date to make sure your hearing was cancelled. If it was not, go to the hearing as

originally planned, even if you think you and the other party have an agreement.

If your hearing is cancelled because you have agreed about temporary family law orders,

you must still take the agreed temporary family law orders to a judge to have them signed.

Ask the family law facilitator or court clerk how to do this.

A. Responding to the other party’s reply

Most courts do not let the other party file a reply. CR 6(d). If your local court rules do let

the other party reply, read the reply carefully. Be ready to respond to it at the hearing. The

other party cannot bring up new issues in the reply. They may only reply to things that you

talked about in your response.

If the other party brings up new issues, or serves you with many declarations and other

evidence for the first time with the reply, tell the judge at the hearing that you object to the

judge considering that evidence, or you want a continuance and a chance to file a response

to the reply.

B. Going to the hearing

If the Other Party gets a Lawyer. If at any time before the hearing another party’s

lawyer contacts you or shows up at a hearing, you may decide to try to get a lawyer

yourself. If so, tell the lawyer and judge that you need to postpone (continue) the

hearing. Do not panic. Unless all parties have agreed in advance to a continuance

and you have an agreed order signed by the parties and judge showing the hearing

has been postponed, you still need to go to court at the original time and place

scheduled. At the hearing you can ask the judge to continue the hearing. But be




ready to go forward with the hearing if the judge says no. The other party’s lawyer

may ask you to sign some documents. Do not sign anything you do not

understand.

Get Ready for the Hearing. Go to court before the day of your hearing. Watch how

the court generally conducts hearings. Try to make some notes to yourself about the

main points you want to make when you have a chance to talk during your hearing.

Get to Your Hearing Early. Try to dress neatly. Bring a pad of paper and black pen

to write notes with. Bring your set of the papers and your copies of any papers the

other parties gave you in response. Do not bring your children if you can help it. The

judge will usually not let them sit in the courtroom. If you are not there on time, the

judge will cancel the hearing (or the other party may win).

When You Get to the Courtroom. Tell the person in charge in the courtroom (often

called the clerk or the bailiff) your name and your case name and number. Take a

seat. When the judge walks in the room, stand. When they call your case name, tell

the court you are present. Stay in court until your case is called for hearing.

Come forward when they tell you to do so. Give the court the originals of your

proposed orders: a Temporary Family Law Order, and in some cases, an Order

Appointing GAL or Evaluator, a Temporary Parenting Plan, restraining Order and/or

Order to Surrender Weapons, Child Support Order and child support worksheets,

and/or Order on Adequate Cause.

Presenting Your Case. If the other party shows up at the hearing, each of you will

have a chance to tell your side of the case. The other party goes first. When it is your

turn, stand while speaking. Tell the judge briefly what you want, and why. Keep your

argument short. Only outline your main points. In most cases, the judge will have

read your papers before the hearing, so do not repeat everything in your papers.

Make notes to use at the hearing.

DO NOT INTERRUPT THE JUDGE.

Hearing the Judge’s Decision. After the judge has heard both sides, the judge will

decide on your requests. Listen carefully. Make notes. The judge may change the

orders one party prepared, or may direct you, the other party, or the other party’s

lawyer to do it.

If the other party’s lawyer makes changes to the orders, read them carefully. Make

sure they say what the judge said. If you are not sure about any changes, do not sign

the orders. Ask the lawyer to go back before the judge to make sure the order says



what the judge said. Usually you should have your court orders signed the day

of your hearing. Some counties require they be signed before the parties leave

the courthouse.

DO NOT LEAVE THE COURTHOUSE WITH OR CHANGE OR DESTROY COURT

ORDERS THE JUDGE HAS SIGNED. If the clerk in the courtroom gives you the

original orders the judge has signed, file them with the court clerk’s office.

Getting Copies of the Orders. You will need copies of the orders signed by the

judge. You need certified copies of any order with a safety restraint. (Get one

certified copy for yourself, and one certified copy for each restrained party that you

need to serve.) Get conformed copies of other orders.

Ask the clerk how to get the conformed and certified copies you need. Follow those

instructions.

o For certified copies, the clerk will need to make them, and may charge

you a fee (example: $5 for the first page, $1 for every extra page).

o For conformed copies,

the clerk may allow you to take the original orders and make

copies in the library or at the clerk’s office.

Or, if the copies of proposed orders you brought to court are

exactly the same as the orders the judge signed, the clerk may tell

you to stamp those copies with the date filed stamp and the

judge’s signature stamp.

If the judge signed the orders you presented, make sure all parties get copies of the

orders showing the judge’s signature as follows:

o If your orders do not have safety restraints, or the restrained party or

their lawyer appeared and/or signed the orders, mail conformed (not

certified) copies of the signed orders to the other party. Mail conformed

copies to any other parties against whom there are no restraints. Use the

Proof of Mailing or Hand Delivery procedure explained in our How to

Serve the Opposing Party in Your Family Law Case packet.

o Have the other party personally served if all of these are true:

the order includes safety restraints and you are the protected

party.

https://www.washingtonlawhelp.org/resource/how-to-serve-papers-on-the-other-party-in-a-f?ref=TAgvH

https://www.washingtonlawhelp.org/resource/how-to-serve-papers-on-the-other-party-in-a-f?ref=TAgvH



neither the restrained party nor lawyer appeared for the hearing.

neither the restrained party nor lawyer signed the order.

o Serve a certified copy of the order containing safety restraints.

Conformed copies of any other orders will do. File a new Proof of

Personal Service with the court showing service of these orders. Deliver a

copy of the Proof of Personal Service to the law enforcement agency

named in the order.

WARNING: The safety restraints may not be effective until the other party is personally served with the order.

C. Getting an Agreed Temporary Family Law Order

If you have reached an informal agreement with the other party, try to get an Agreed

Temporary Family Law Order. You may also need an agreed Temporary Parenting Plan,

Temporary Child Support Order, and child support worksheets. Make sure you and the

other parties agree about what should happen to any children, child support, and any other

issues discussed in your paperwork before getting your Agreed order. If you agree the

judge should appoint a GAL or evaluator, you will need that order as well.

If you are entering agreed temporary orders in a Petition to Change Parenting Plan case,

you may also need an Agreed Order on Adequate Cause. However, if you oppose the

petition, you may refuse to sign an Agreed Order on Adequate Cause. Then judge will

decide whether adequate cause exists.

ALL PARTIES MUST CHECK IS AN AGREEMENT OF THE PARTIES ON THE LAST PAGE

AND SIGN THE ORDER. A JUDGE MUST ALSO SIGN IT. Ask the court clerk how to have an

agreed order signed BY THE JUDGE.

If you and the other party agree on the Temporary Family Law Orders before the hearing, you

may want to cancel your hearing. In most cases, the person who filed the motion must call the

court to strike the hearing. Call the court one day before the hearing date to make sure your

hearing was canceled. If it was not, go to the hearing, even if you think you and the other party

have an agreement.

Be sure to get a copy of the order for your records. Provide the other party with a copy of

the order showing the date filed and the judge’s signature. Use the Proof of Mailing or Hand

Delivery procedure to prove you have provided a copy.

D. If you disagree with the court’s order

Talk to a lawyer right away. Your timeline may be short!



Part 11. Checklists of forms

A. To respond to a Motion for Temporary or Immediate Restraining Orders:

Notice of Appearance

Declaration(s)

Proposed Temporary Family Law Order

Proof of Mailing or Hand Delivery If a party is asking for a Temporary Parenting Plan or custody order, also include:


Proposed Temporary Parenting Plan If a party is asking for financial relief or child support, also include:

Financial Declaration (if asking for child support or financial relief)

Sealed Financial Source Documents Form

Financial Documents If a party is asking for child support, also include:

Child Support Worksheets

Proposed Temporary Child Support Order & Child Support Summary Report

B. If the Motion for Temporary Family Law Orders or Immediate Restraining Orders and Adequate Cause Hearing are scheduled on the Same Day (Petitions to Change Parenting Plan cases only) (adequate cause form is in the modifications packets.):


Declaration(s)

Proposed Order on Adequate Cause

Proposed Temporary Family Law Order

Proof of Mailing or Hand Delivery



If a party is asking for a Temporary Parenting Plan or custody order, also include:

Information for Proposed Temporary Parenting Plan

Proposed Temporary Parenting Plan If a party is asking for financial relief or child support, also include:

Financial Declaration (if asking for child support or financial relief)


Financial Documents If a party is asking for child support, also include:

Child Support Worksheets

Proposed Temporary Child Support Order & Child Support Summary Report C. To file confidential information, you will need one or more of the following sealed records cover sheets:


Sealed Personal Health Care Records

Sealed Confidential Reports

D. If one of you wants the court to appoint a Guardian ad Litem or Evaluator:

Order Appointing Guardian ad Litem or Order Appointing Guardian ad Litem for a Child OR


E. After the judge signs orders, if they do not have safety restraints, you will need the following for proof that the order was delivered to the other party:

Proof of Mailing or Hand Delivery (if there is no safety restraining order or if the party to be restrained signed the Temporary Family Law Order or was present in court when the judge signed it). This form is in this packet.

F. If the court enters your Temporary Family Law Order containing safety restraints against the other party:

Law Enforcement Information Sheet (LEIS). This form is available at the court clerk’s office. It is not served on the other party.

Proof of Personal Service form (if the judge signed the order you presented and the restrained party was not present in court and did not sign the Temporary Family Law Order). This form (FL All Family 101) is available from the Administrator of the



Courts website at www.courts.wa.gov/forms. The forms and instructions for it are also in Ask for Immediate Restraining Orders: Parentage Cases.

Part 12. Blank Forms

The rest of this packet has blank forms for your use. Make a copy of each form so that you

have an extra in case your first draft needs lots of changes. You may need forms from other

packets. You may not need all the forms here.

The Northwest Justice Project has a new program that helps people fill out family law

forms online. We are adding new forms throughout 2019-2020. Some of the forms you

need for divorce and other family law cases are available now. Check out

washingtonlawhelp.org/resource/washington-forms-online

The Washington Administrative Office of the Courts also has Microsoft Word and PDF

versions of many of these forms available on their website at www.courts.wa.gov/forms.


http://www.washingtonlawhelp.org/resource/filing-a-motion-for-emergency-orders-for-pare?ref=jPaYH

http://www.washingtonlawhelp.org/resource/washington-forms-online


Mandatory Form (05/2016) FL All Family 118

Notice of Appearance (for a party without a lawyer)

p. 1 of 1


In re:

Petitioner/s (person/s who started this case):

And Respondent/s (other party/parties):

No.

Notice of Appearance (for a party without a lawyer)

(APPS)


(for a party without a lawyer)

1. My name is: .

2. I am filing this notice to appear in this case. I must be notified of any court hearings and

receive copies of any papers filed in this case.

3. I agree to accept legal papers for this case at the following address

(this does not have to be your home address):

street address or PO box city state zip

4. (Optional) I also agree to accept legal papers for this case at the following email address:

.

Sign here Date

If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may use the form Notice of Address Change (FL All Family 120). You must also update your Confidential Information form (FL All Family 001) if this case involves parentage or child support.

Optional Form (05/2016) FL All Family 135

Declaration p. 1 of __


In re:



No.

Declaration of (name):

(DCLR)

Declaration of (name):

1. I am (age): years old and I am the (check one): Petitioner Respondent

Other (relationship to the people in this case):

2. I declare:

Optional Form (05/2016) FL All Family 135

Declaration p. 2 of __

(Number any pages you attach to this Declaration. Page limits may apply.)

I declare under penalty of perjury under the laws of the state of Washington that the facts I have provided on this form (and any attachments) are true. I have attached (number): pages.

Signed at (city and state): Date:

Sign here Print name

Warning! Documents filed with the court are available for anyone to see unless they are sealed. Financial, medical, and confidential reports, as described in General Rule 22, must be sealed so they can only be seen by the court, the other party, and the lawyers in your case. Seal those documents by filing them separately, using a Sealed cover sheet (form FL All Family 011, 012, or 013). You may ask for an order to seal other documents

RCW 26.18.220(1) Mandatory Form (05/2016) FL All Family 131

Financial Declaration

p. 1 of 6


In re:



No.

Financial Declaration of (name):

(FNDCLR)


1. Your personal information

Name:

Highest year of education you completed: Your job/profession is:

Are you working now?

Yes. List the date you were hired (month / year):

No. List the last date you worked (month / year):

What was your monthly pay before taxes: $

Why are you not working now?

2. Summary of your financial information

(Complete this section after filling out the rest of this form.)

1. Total Monthly Net Income (copy from section 3, line C. 3.) $

2. Total Monthly Expenses After Separation (copy from section 7, line I.) $

3. Total Monthly Payments for Other Debts (copy from section 9) $

4. Total Monthly Expenses + Payments for Other Debts (add line 2 and line 3) $

Gross Monthly Income of Other Party (copy from section 3. A.) $



p. 2 of 6

3. Income

List monthly income and deductions below for you and the other person in your case. If your case involves child support, this same information is required on your Child Support Worksheets. If you do not know the other person’s financial information, give an estimate.

Tip: If you do not get paid once a month, calculate your monthly income like this: Monthly income = Weekly x 4.3 or 2-week x 2.15 or Twice a month x 2

A. Gross Monthly Income (before taxes, deductions, or retirement contributions)

You Other Party

Monthly wage / salary

Income from interest / dividends

Income from business

Spousal support / maintenance received

(Paid by: )

Other income

Total Gross Monthly Income (add all lines above)

Total gross income for this year before deductions (starting January 1 of this year until now)

B. Monthly Deductions

You Other Party

Income taxes (federal and state)

FICA (Soc.Sec. + Medicare) or self-employment taxes

State Industrial Insurance (Workers’ Comp.)

Mandatory union or professional dues

Mandatory pension plan payments

Voluntary retirement contributions (up to the limit in RCW 26.19.071(5)(g))

Spousal support / maintenance paid

Normal business expenses

Total Monthly Deductions (add all lines above)

C. Net Monthly Income

You Other Party

1. Total Gross Monthly Income (from A above)

2. Total Monthly Deductions (from B above)

3. Net Monthly Income (Line 1 minus Line 2)



p. 3 of 6

4. Other Income and Household Income

Tip: If this income is not once a month, calculate the monthly amount like this: Monthly income = Weekly x 4.3 or 2-week x 2.15 or Twice a month x 2

A. Other Income (Do not repeat income you already listed on page 2.)

You Other Party

Child support received from other relationships

Other income (From: )

Other income (From: )

Total Other Income (add all lines above)

B. Household Income (Monthly income of other adults living in the home)

Your Home Other Party’s Home

Other adult’s gross income (Name: )

Other adult’s gross income (Name: )

Total Household Income of other adults in the home (add all lines above)

5. Disputed Income – If you disagree with the other party’s statements about anyone’s

income, explain why the other party’s statements are not correct, and your statements are correct:

6. Available Assets

List your liquid assets, like cash, stocks, bonds, that can be easily cashed.

Cash on hand and money in all checking & savings accounts $

Stocks, bonds, CDs and other liquid financial accounts $

Cash value of life insurance $

Other liquid assets $

Total Available Assets (add all lines above)



p. 4 of 6

7. Monthly Expenses After Separation

Tell the court what your monthly expenses are (or will be) after separation. If you have dependent children, your expenses must be based on the parenting plan or schedule you expect to have for the children.

A. Housing Expenses F. Transportation Expenses

Rent / Mortgage Payment Automobile payment (loan or lease)

Property Tax (if not in monthly payment) Auto insurance, license, registration

Homeowner’s or Rental Insurance Gas and auto maintenance

Other mortgage, contract, or debt payments based on equity in your home

Parking, tolls, public transportation

Homeowner’s Association dues or fees Other transportation expenses

Total Housing Expenses Total Transportation Expenses

B. Utilities Expenses G. Personal Expenses (not children’s)

Electricity and heating (gas and oil) Clothes

Water, sewer, garbage Hair care, personal care

Telephone(s) Recreation, clubs, gifts

Cable, Internet Education, books, magazines

Other (specify): Other Personal Expenses

Total Utilities Expenses Total Personal Expenses

C. Food and Household Expenses H. Other Expenses

Groceries for (number of people): _____ Life insurance (not deducted from pay)

Household supplies (cleaning, paper, pets) Other (specify):

Eating out Other (specify):

Other (specify): Other (specify):

Total Food and Household Expenses Total Other Expenses

D. Children’s Expenses List all Total Expenses from above:

Childcare, babysitting A. Total Housing Expenses

Clothes, diapers B. Total Utilities Expenses

Tuition, after-school programs, lessons C. Total Food and Household Expenses

Other expenses for children D. Total Children’s Expenses

Total Children’s Expenses E. Total Health Care Expenses

F. Total Transportation Expenses

E. Health Care Expenses G. Total Personal Expenses

Insurance premium (health, vision, dental) H. Total Other Expenses

Health, vision, dental, orthodontia, mental health expenses not covered by insurance

I. All Total Expenses (add A - H above)

Other health expenses not covered by insurance

Use section 11 below to explain any unusual

expenses, or attach additional pages. Total Health Care Expenses



p. 5 of 6

8. Debts included in Monthly Expenses listed in section 7 above

Debt for what expense (mortgage, car loan, etc.)

Who do you owe (Name of creditor)

Amount you owe this creditor now

Last Monthly Payment made

$ Date:

$ Date:

$ Date:

$ Date:

9. Monthly payments for other debts (not included in expenses listed in section 7)

Describe Debt (credit card, loan, etc.)

Who do you owe (Name of creditor)

Amount you owe this creditor now

Last Monthly Payment (Date and Amount)

$ Date: $

$ Date: $

$ Date: $

$ Date: $

$ Date: $

$ Date: $

Total Monthly Payments for Debts

10. Explanation of expenses or debts (if any needed):

11. Lawyer Fees

List your total lawyer fees and costs for this case as of today.

Amount paid $ Source of the money you used to pay these fees and costs:

Amount still owed $ Describe your agreement with your lawyer to pay your fees and costs:

Total Fees/Costs $

I declare under penalty of perjury under the laws of the state of Washington that the facts I have provided on this form are true.


Sign here Print name



p. 6 of 6

Financial Records – You must provide financial records as required by statute and state and local court rules. These records may include:

Personal Income Tax Returns

Pay stubs

Partnership or Corporate Income Tax Returns

Other financial records

Important! Do not attach financial records to this form. Financial records should be served on the other party and

filed with the court separately using the Sealed Financial Source Documents cover sheet (FL All Family 011). If

filed separately using the cover sheet, the records will be sealed to protect your privacy (although they will be

available to all parties and lawyers in this case, court personnel and certain state agencies and boards.) See GR

22(c)(2).

GR 22(b)(8), (g) Mandatory Form (05/2016) FL All Family 011

Sealed Financial Source Documents

p. 1 of __


In re:



No.

Sealed Financial Source Documents (Cover Sheet)

(SEALFN)

Clerk’s action required.

For use in Family Law and Guardianship cases.

Sealed Financial Source Documents

(Cover Sheet)

Use this form as a cover sheet to keep your financial documents private from the public. On the first page of each document, write the word “SEALED” 1 inch from the top of the page.

Check the documents you are attaching to this cover sheet to be sealed:

Income tax records Pay stubs or other proof of earnings

Credit card statements Bank statements

Checks or the equivalent Loan application documents

Check registers Retirement plan orders

Other financial information sealed by court order (specify):

Submitted by: Petitioner or his/her lawyer Respondent or his/her lawyer

Sign here Print name (if lawyer, also provide WSBA #)

Important! The other person and the lawyers in your case can see your sealed documents. If you need to keep your address information private for safety reasons, you may cross out or delete your address information.

GR 22(b)(3), (g) Mandatory Form (05/2016) FL All Family 012


p. 1 of __


In re:



No.

Sealed Personal Health Care Records (Cover Sheet)

(SEALPHC)




(Cover Sheet)

Use this form as a cover sheet to keep your personal health information private from the public. On the first page of each document, write the word “SEALED” 1 inch from the top of the page.

Check the documents you are attaching to this cover sheet to be sealed:

Health records of any kind (including correspondence) related to a person’s physical or mental condition, or payment for health care.

Genetic test records for parentage.

Submitted by: Petitioner or his/her lawyer Respondent or his/her lawyer



GR 22(e), (g) Mandatory Form (05/2016) FL All Family 013

Sealed Confidential Report

p. 1 of __


In re:



No.

Sealed Confidential Report (Cover Sheet)

(SEALRPT)



Sealed Confidential Report (Cover Sheet)

Use this form as a cover sheet to keep any confidential part of a report private from the public. On the first page of each document, write the word “SEALED” 1 inch from the top of the page.

Check the reports you are attaching to this cover sheet to be sealed. Only the following parts of these reports are confidential and should be attached:

Detailed descriptions of material, or information gathered or reviewed; Detailed descriptions of all statements reviewed or taken; Detailed descriptions of tests conducted or reviewed; or Analysis to support the conclusions and recommendations.

(A public version of the report without the confidential parts may be filed separately.)

Parenting evaluations

Domestic Violence Assessment Reports (from Family Court Services or a court-appointed expert)

Risk Assessment Reports (from Family Court Services or an expert)

CPS Summary Reports (from Family Court Services or directly from CPS)

Sexual abuse evaluations

Report from a Guardian ad Litem (GAL) or Court Appointed Special Advocate (CASA)

Other (specify):

Submitted by: Petitioner or lawyer Respondent or lawyer Other:



RCW 26.26A.470 (01/2019) FL Parentage 323

Motion for Temporary Family Law Order

p. 1 of 7

Superior Court of Washington, County of _______________

In re parentage / parenting and support:



No.


and Restraining Order

(MTTMO)


and Restraining Order

Use this form for unmarried parents (parentage) cases only. For divorce cases, use form FL Divorce 223. For non-parent custody cases, use form FL Non-Parent 423.

To both parties:

Deadline! Your papers must be filed and served by the deadline in your county’s Local Court Rules, or by the State Court Rules if there is no local rule. Court Rules and forms are online at www.courts.wa.gov.

If you want the court to consider your side, you must: File your original documents with the Superior Court Clerk; AND Give the Judge/Commissioner a copy of your papers (if required by your county’s Local Court Rules); AND Have a copy of your papers served on all other parties or their lawyers; AND

Go to the hearing.

Read your county’s Local Court Rules, if any.

Bring proposed orders to the hearing.

To the person filing this motion:

You must schedule a hearing on this motion. You may use the Notice of Hearing (form FL All Family 185) unless your county’s Local Court Rules require a different form. Contact the court for scheduling information.

To the person receiving this motion: If you do not agree with the requests in this motion, file a statement (using form FL All Family 135, Declaration) explaining why the court should not approve those requests. You may file other written proof supporting your side, and propose your own Parenting Plan, Residential Schedule, or Child Support Worksheets.

http://www.courts.wa.gov/



p. 2 of 7

1. My name is: . I ask the court for temporary

orders approving the requests listed below.

2. Children

No request.

I want these children under 18 listed below to be included in the court’s orders:

Child’s name Age Child’s name Age

1. 4.

2. 5.

3. 6.

3. Active duty military

(The federal Servicemembers Civil Relief Act covers: Army, Navy, Air Force, Marine Corps, and Coast Guard members on active duty; National Guard or Reserve members under a call to active service for more than 30 days in a row;

and commissioned corps of the Public Health Service and NOAA.

The state Service Members’ Civil Relief Act covers those service members listed above who are either stationed in or residents of Washington state, and their dependents, except for the commissioned corps of the Public Health Service and NOAA.)

None of the other parties are covered by the state or federal Service Members’ Civil Relief Acts.

(Name):

is covered by the state federal Service Members’ Civil Relief Act.

For persons covered only by the state act – Military duty may keep the service member or dependent from responding or coming to the hearing on this motion. I ask the court to approve temporary orders even if the covered person asks for a stay or doesn’t respond. It would be very unfair (a manifest injustice) not to make temporary orders now because:

4. Care and safety of children (Check all that apply.)

No request.

Approve the Parenting Plan (form FL All Family 140) or Residential Schedule (form FL Parentage 304) proposed by (check one): me (name): .

Order (name): not to take the

children listed in 2 out of Washington State.



p. 3 of 7

Appoint a person to investigate and report to the court about what is in the children’s best interest, and order who will pay this person’s fees. This person should be a/n (check one):

Guardian ad Litem (GAL) or Evaluator/Investigator as chosen by the court.

Guardian ad Litem (GAL).

Evaluator/Investigator.

(Name):

A Sexual Assault Allegation form has been filed saying the child was conceived by a sexual assault. The fact-finding hearing on this allegation has not happened yet:

No residential time or decision making should be ordered until after the fact-finding hearing.

I have a bonded and dependent relationship with the child that is parental in nature. It is in the child’s best interests to order residential time or decision making now.

Other:

5. Provide support

No request.

Order child support according to the Washington state child support schedule.

6. Pay fees and costs

No request.

Order (name): to:

Pay my lawyer’s fees for this case. Amount: $

Make payments to (name):

Pay other professional fees and costs for this case. Amount: $

to (name):

for (purpose):

Based on the Sexual Assault Allegation, award lawyer’s fees consistent with RCW 26.09.140. RCW 26.26.760(12).

Order (name): to:

Pay my lawyer’s fees for this case. (Amount): $

Make payments to (name):

7. Restraining Order

No request.

The Court already signed a Restraining Order on (date): in this case.

I am not asking the court to make any changes to this Restraining Order.

I ask the Court to remove (terminate) this Restraining Order.



p. 4 of 7

I ask the Court to change this Restraining Order as follows (specify):

I ask the Court for a Restraining Order (form FL All Family 150) that orders (name/s): to obey the restraints and orders checked below. (Check all that apply; also check the “and Restraining Order” boxes in the form titles on page 1):

Do not disturb – Do not disturb my peace or the peace of any child listed in 2.

Stay away – Do not go onto the grounds of or enter my home, workplace or school,

and the daycare or school of any child listed in 2.

Also, do not knowingly go or stay within feet of my home, workplace

or school, or the daycare or school of any child listed in 2.

Do not hurt or threaten –

Do not assault, harass, stalk or molest me or any child listed in 2; and

Do not use, try to use, or threaten to use physical force against me or the children that would reasonably be expected to cause bodily injury.

Warning! If the court makes this order and the parties are intimate partners, the court must consider if weapons restrictions are required by state law; federal law may also prohibit the Restrained Person from possessing firearms or ammunition.

The Restrained Person and I are intimate partners because (check all that apply):

we are current or former spouses or registered domestic partners.

we are parents of a child-in-common.

we live/d together as part of a dating relationship.

Prohibit weapons and order surrender

Do not possess or obtain any firearms, other dangerous weapons, or concealed pistol license until the Order ends, and

Surrender any firearms, other dangerous weapons, and any concealed pistol license that he/she possesses to (check one): the police chief or sheriff. his/her lawyer. other person (name): .

Other:

8. Other temporary orders

No request.

(Specify):



p. 5 of 7

Reasons for my requests

9. Why are you asking the court for the orders you checked above? (Explain):

If you need additional space use the Declaration form FL All Family 135.

If you are asking for a parenting plan or residential schedule, also fill out the Information for Temporary Parenting Plan, form FL All Family 139, and a proposed Parenting Plan, form FL All Family 140, or Residential Schedule, form FL Parentage 304.

If you are asking for child support, also fill out the Child Support Worksheets and Financial Declaration, form FL All Family 131, and file the required financial records. If you or anyone else has ever received public assistance for any child in this case, also fill out the Public Assistance Declaration, form FL All Family 132.

If you are asking to prohibit weapons or order surrender, give your reasons at the end of this section.

If you are asking to change an earlier temporary order, give the date of the earlier order and explain how circumstances have changed since then.



p. 6 of 7

Reasons for “Prohibit weapons and order surrender” request (check all that apply):

(Name): has used, displayed, or threatened to use a firearm or other dangerous weapon in a felony. (Describe):

(Name): previously committed an offense making him or her ineligible to possess a firearm under RCW 9.41.040. (Describe):

(Name): ’s possession of firearm presents a serious and imminent threat (harm that may happen immediately) to public health or safety, or to the health or safety of any individual. (Describe):

Person asking for this order fills out below:

I declare under penalty of perjury under the laws of the state of Washington that the facts I have provided on this form are true.


Person asking for this order signs here Print name here



p. 7 of 7

I agree to accept legal papers for this case at (check one):

my lawyer’s address, listed below.

the following address (this does not have to be your home address):

street address or PO box city state zip

Note: You and the other party/ies may agree to accept legal papers by email under Civil Rule 5 and local court rules.

(If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may use the Notice of Address Change form (FL All Family 120). You must also update your Confidential Information form (FL All Family 001) if this case involves parentage or child support.)

Lawyer (if any) fills out below:

Lawyer signs here Print name and WSBA No. Date

Lawyer’s street address or PO box city state zip

Email (if applicable):

Warning! Documents filed with the court are available for anyone to see unless they are sealed. Financial, medical, and confidential reports, as described in General Rule 22, must be sealed so they can only be seen by the court, the other party, and the lawyers in your case. Seal those documents by filing them separately, using a Sealed cover sheet (form FL All Family 011, 012, or 013). You may ask for an order to seal other documents.

RCW 26.09.060, .110, .120, .194, .300(2) Mandatory Form (07/2017) FL All Family 150

Restraining Order

p. 1 of 4


In re:



No.

Restraining Order

Temporary (TRO)

Final (RSTO)

Clerk’s action required: 7

Restraining Order

This order replaces all earlier Restraining Orders restraining the same person signed in this case number. Use a separate order for each restrained person.

1. This Order restrains (name):

Restrained Party’s Distinguishing Features:

Restrained Party’s Identifiers

Sex Race Hair

Height Weight Eyes

Caution: Access to weapons: yes no unknown

2. This Order protects (name/s):

and the following children, who are under 18 (if any)


1. 4.

2. 5.

3. 6.

3. To the Restrained Person listed in 1:

This Order starts immediately, and ends in 12 months or on (date):

Warning! You must obey this order. Violation of this order with actual notice of its terms is a criminal offense under Chapter 26.50 RCW and will subject the violator to arrest (RCW 26.09.060). This order is enforceable in all 50 U.S. states, the District of Columbia, and U.S. territories and tribal lands (18 U.S.C. § 2265).


Restraining Order

p. 2 of 4

4. Findings

Authority: The court has jurisdiction over the parties, the children listed in 2, and the

subject matter.

Notice: The Restrained Person had reasonable notice and an opportunity to be heard. He/She was notified of the hearing by personal service service by mail allowed by the court service by publication allowed by the court

The Restrained Person was was not present at the hearing.

The Restrained Person had actual notice of the hearing.

other (specify): .

Credible Threat: The Restrained Person represents a credible threat to the physical safety of the Protected Person.

Intimate Partner: The Restrained Person is/was an intimate partner to the Protected Person (including current and former spouses and domestic partners, parents of a child-in-common, and people who lived together as part of a dating relationship).

Military: The (check one): Petitioner Respondent lives in the state of Washington, but was not able to go to the hearing because s/he is an active-duty member of the National Guard or Reserves (or a dependent of one). A failure to act despite the absence of the service member will result in a manifest injustice to the other party.

5. Court Orders to the Restrained Person listed in 1:

Warning! You must obey this order until it ends. If you know about this order but do not obey, you may be arrested and charged with a crime.

Do not disturb

The Restrained Person must not disturb the peace of the Protected Person or of any

child listed in 2.

Stay away

The Restrained Person must not go onto the grounds of or enter the Protected Person’s

home, workplace, or school, or the daycare or school of any child listed in 2.

Also, the Restrained Person must not knowingly go or stay within _____ feet of the Protected Person’s home, workplace, or school, or the daycare or school of

any child listed in 2.

Do not hurt or threaten

The Restrained Person must not:

Assault, harass, stalk or molest the Protected Person or any child listed in 2; or

Use, try to use, or threaten to use physical force against the Protected Person or children that would reasonably be expected to cause bodily injury.

Warning! If the court checks this box, the court must consider if weapons restrictions are required by state law; federal law may also prohibit the Restrained Person from possessing firearms or ammunition.


Restraining Order

p. 3 of 4

Prohibit weapons and order surrender

The Restrained Person must:

not possess or obtain any firearms, other dangerous weapons, or concealed pistol license; and

follow the Order to Surrender Weapons (form All Cases 02-050), signed by the court and filed separately.

Findings – The court (check all that apply):

must issue the above orders about weapons because:

the “Do not hurt or threaten” restraints are ordered above, and the court found

in section 4 that the Restrained Person had actual notice, represented a

credible threat, and was an intimate partner. RCW 9.41.800.

the court finds by clear and convincing evidence that the restrained person has:

used, displayed, or threatened to use a firearm or other dangerous weapon in a felony; or

previously committed an offense making him or her ineligible to possess a firearm under RCW 9.41.040.

may issue the above orders about weapons because the court finds by a preponderance of evidence that the Restrained Party:

presents a serious and imminent threat to public health or safety, or the health or safety of any individual by possessing a firearm or other dangerous weapon; or

has used, displayed or threatened to use a firearm or other dangerous weapon in a felony; or

previously committed an offense making him or her ineligible to possess a firearm under RCW 9.41.040.

Other restraining orders:

6. Service:

Fill out a Law Enforcement Information Sheet (form All Cases 01.0400) and give it to the clerk.

(Check one):

The other party must be served.

You have a right to have law enforcement serve this order free of change.

The clerk of the court shall forward a copy of this order on or before the next judicial day to County Sheriff's Office City Police Department where the restrained person lives which shall personally serve the restrained person with a copy of this order and shall promptly complete and return to this court proof of service.

The protected person shall give a copy of this order to law enforcement for service free of charge.


Restraining Order

p. 4 of 4

The protected person waives free service by law enforcement and shall make

private arrangements for service of this order. Do not serve the Law Enforcement Information Sheet on the Restrained person – it is only for law enforcement.

After serving, the server fills out a Proof of Personal Service (form FL All Family 101) and gives it to you. File the original Proof of Personal Service with the court clerk, and give a copy to the law enforcement agency listed below.

The other party does not have to be served because the other party or his/her lawyer signed this order or was at the hearing when this order was made.

7. To the clerk:

Provide a copy of this Order and the Law Enforcement Information Sheet to the agency listed below within one court day. The law enforcement agency must enter this Order into the state’s database.

Name of law enforcement agency where the Protected Person lives: .

The restrained person’s information will be removed from the state’s database when this Order ends unless the court signs a new Order or extends the end date of this Order.

Ordered.

Date Time Judge or Commissioner

Petitioner and Respondent or their lawyers fill out below.

This order (check any that apply): This order (check any that apply): is an agreement of the parties is an agreement of the parties is presented by me is presented by me may be signed by the court without notice to me may be signed by the court without notice to me

Petitioner signs here or lawyer signs here + WSBA # Respondent signs here or lawyer signs here + WSBA #

Print Name Date Print Name Date

RCW 26.09.110; .140; .220; 26.26.555; 26.10.130; 26.12.175; GALR Mandatory Form (05/2018) FL All Family 146


p. 1 of 4


In re:



No.


(ORAPGL)


Use this form to appoint a GAL to investigate and report on a child’s best interests for a Parenting Plan or Residential Schedule.

Do not use this form to appoint a GAL for a minor parent or a child over 2 who is a mandatory party to a parentage case; use form FL All Family 147 instead.

1. A motion to appoint a Guardian ad Litem (GAL) for the children listed below was made by the (check one): Petitioner Respondent Court:


1. 4.

2. 5.

3. 6.

2. The court finds it is in the best interest of the children listed in 1 to appoint a Guardian ad

Litem. The court has authority to make this appointment under (check one):

divorce (dissolution) law, Ch. 26.09 RCW. parentage law, Ch. 26.26 RCW.

non-parental custody law, Ch. 26.10 RCW. domestic violence law, Ch. 26.50 RCW.

The court orders:

3. (GAL’s name): is appointed Guardian ad Litem (GAL) for

the children listed in 1 above. The GAL must always act in the children’s best interests.



p. 2 of 4

4. GAL’s Rights

All parties must serve the Guardian ad Litem (GAL) with:

Notice of any court hearing or proposed agreement involving these children, and

Copies of all documents they file in this case.

The court clerk must give the GAL free, certified copies of this Order, upon request.

5. GAL’s Duties

The Guardian ad Litem’s (GAL’s) duties include:

Going to all court hearings and pretrial conferences for this case that are related to the children, unless the court says otherwise, and

Investigating and reporting factual information to the court on issues set out below.

The GAL is ordered to investigate and file a report only on the issues checked below, unless the court approves investigation into other issues (check all that apply):

All issues related to making a parenting plan for these children

All issues related to deciding who the legal parents are for these children

Whether genetic testing should be done to decide who the legal parents are

Whether the children’s names should be changed

Abandonment or neglect by Petitioner Respondent

Criminal history of Pet. Resp. Other:

Domestic violence of Pet. Resp. Other:

Mental health issues of Pet. Resp. Other:

Physical health issues of Pet. Resp. Other:

Sexual abuse allegations against Pet. Resp. Other:

Substance abuse of Pet. Resp. Other:

For cases about changing a parenting/custody order: whether the children have been integrated into the home of the parent who has less time under the current order.

Other:

Any other issues discovered that could affect the safety of the children.

6. GAL’s Report

The Guardian ad Litem’s (GAL’s) report must include:

Facts about the issues listed in 5 above.

The children’s preferences for the parenting plan (if they stated any),

Any facts about whether the children stated their preferences voluntarily, and

Any facts about the children’s level of understanding.

The report may include recommendations based on the investigation.



p. 3 of 4

Deadline! Unless the court extends the deadline, the report must be filed and served on all parties by (date) , which is at least 60 days before the trial.

The parties (or their lawyers, if any) have the right to inspect and copy the GAL’s file of data gathered during the investigation, including the names and addresses of everyone the GAL consulted. Exception: information in the GAL’s file that is confidential by law or sealed by a court shall not be shared with the parties or their lawyers.

7. Access to the children and information

The Guardian ad Litem (GAL) is allowed reasonable access to the children, and to all records and people with information that affects the children, including:

Child care providers

Physical and mental health care providers

Schools and other educational institutions

Law enforcement agencies, Child Protective Services, and the Department of Social and Health Services (or equivalent agencies if outside Washington)

Note: agencies may withhold or black out legally protected parts of requested information.

8. Release of information

The signatures of parties or children age 12 or older below mean they give permission to

the agencies and professionals listed in 7 above to share information about themselves

and their children with the GAL.

9. Confidentiality

The Guardian ad Litem (GAL) will:

Have access to all Superior Court and Juvenile Court files related to his/her duties, including sealed and confidential documents. Exception: The GAL will not have access to information sealed under RCW 13.50.050(7);

Keep confidential any sealed and confidential information (unless his or her duties as GAL require otherwise);

Tell the court if his/her report includes any sealed or confidential information; and

File his or her report in two parts: one public and one sealed as required by GR 22.

Any party or the GAL may ask the court to make confidential any reports or documents placed in the file, if there is a good reason to do so.

10. GAL’s Fees

The Guardian ad Litem’s (GAL’s) hourly fee is $ . The GAL may not charge more than a total of $ without court review and approval.

The GAL’s fees will be paid as follows (check one):

% paid by Petitioner

% paid by Respondent

% paid by (specify):



p. 4 of 4

% or $ paid by the County at public expense. However, if the parties’ financial circumstances change, the court may order the parties to pay the fees according to their ability to pay.

Other:

Billing Process:

The GAL must file an itemized statement of time and expenses with the court and provide a copy to the person/s or entity responsible for payment.

The GAL may file any request for payment with the court, along with an itemized statement and a proposed order.

11. Appointment Ends

The GAL’s appointment ends when the GAL is discharged by the court or earlier if:

the final Parenting Plan or Residential Schedule is signed by the court.

parentage is decided.

other (specify):

12. Other orders (if any):

Ordered.

Date Judge or Commissioner


A party’s signature authorizes release of information as described in 8 above.

This document (check any that apply): This document (check any that apply):

is an agreement of the parties is an agreement of the parties is presented by me is presented by me may be signed by the court without notice to me may be signed by the court without notice to me



Children age 12 or older sign below to authorize release of information as described in 8:

Child signs here Print name Date

Other child signs here Print name Date

Guardian ad litem signs below to accept appointment:

GAL signs here Print name Date

RCW 26.09.220; 26.10.130 Mandatory Form (05/2016) FL All Family 148


p. 1 of 4


In re:



No.


(ORAPPE)


1. A motion to appoint a parenting evaluator/investigator for the children listed below was made by the (check one): Petitioner Respondent Court:


1. 4.

2. 5.

3. 6.

2. The court finds it is in the best interest of the children listed in 1 to appoint a parenting evaluator/investigator. The court has authority to make this appointment under (check one):

divorce (dissolution) law, Ch. 26.09 RCW. parentage law, Ch. 26.26 RCW.

non-parental custody law, Ch. 26.10 RCW. domestic violence law, Ch. 26.50 RCW.

The court orders:

3. (Name): is appointed as a parenting evaluator/

investigator for the children listed in 1 above.

4. Duties

The evaluator/investigator is ordered to investigate and file a report only on the issues checked below, unless the court approves investigation into other issues (check all that apply):



p. 2 of 4

All issues related to making a parenting plan for these children

All issues related to deciding who the legal parents are for these children

Whether genetic testing should be done to decide who the legal parents are

Whether the children’s names should be changed

Abandonment or neglect by Petitioner Respondent

Criminal history of Pet. Resp. Other:

Domestic violence of Pet. Resp. Other:

Mental health issues of Pet. Resp. Other:

Physical health issues of Pet. Resp. Other:

Sexual abuse allegations against Pet. Resp. Other:

Substance abuse of Pet. Resp. Other:

For cases about changing a parenting/custody order: whether the children have been integrated into the home of the parent who has less time under the current order.

Other:

Any other issues discovered that could affect the safety of the children.

5. Report

The Evaluator/Investigator’s report must include:

Facts about the issues listed in 4 above.

The children’s preferences for the parenting plan (if they stated any),

Any facts about whether the children stated their preferences voluntarily, and

Any facts about the children’s level of understanding.

The report may include recommendations based on the investigation.

Deadline! Unless the court extends the deadline, the report must be filed and served on all parties by (date) , which is at least 60 days before the trial.

The parties (or their lawyers, if any) have the right to inspect and copy the GAL’s file of data gathered during the investigation, including the names and addresses of everyone the GAL consulted. Exception: information in the GAL’s file that is confidential by law or sealed by a court shall not be shared with the parties or their lawyers.

6. Access to the children and information

The Evaluator/Investigator is allowed reasonable access to the children, and to all records and people with information that affects the children, including:

Child care providers

Physical and mental health care providers

Schools and other educational institutions

Law enforcement agencies, Child Protective Services, and the Department of Social and Health Services (or equivalent agencies if outside Washington)



p. 3 of 4

Note: agencies may withhold or black out legally protected parts of requested information.

All parties must give the Evaluator/Investigator copies of court papers as requested by the Evaluator/Investigator.

7. Release of information

The signatures of parties or children age 12 or older below mean they give permission to

the agencies and professionals listed in 6 above to share information about themselves

and their children with the Evaluator/Investigator.

8. Confidentiality

The Evaluator/Investigator will:

Have access to all Superior Court and Juvenile Court files related to his/her duties, including sealed and confidential documents. Exception: The Evaluator/Investigator will not have access to information sealed under RCW 13.50.050(7);

Keep confidential any sealed and confidential information (unless his or her duties as evaluator/investigator require otherwise);

Tell the court if his/her report includes any sealed or confidential information; and

File his or her report in two parts: one public and one sealed as required by GR 22.

Any party or the Evaluator/Investigator may ask the court to make confidential any reports or documents placed in the file, if there is a good reason to do so.

9. Fees

The Evaluator/Investigator’s hourly fee is $ . The Evaluator/Investigator may not charge more than a total of $ without court review and approval.

The Evaluator/Investigator’s fees will be paid as follows (check one):

% paid by Petitioner

% paid by Respondent

% paid by (specify):

Other:

10. Appointment Ends

The Evaluator/Investigator’s appointment ends when s/he is discharged by the court or earlier if:

the final Parenting Plan or Residential Schedule is signed by the court.

other (specify):



p. 4 of 4

11. Other orders (if any):

Ordered.

Date Judge or Commissioner


A party’s signature authorizes release of information as described in 7 above.

This document (check any that apply): This document (check any that apply):

is an agreement of the parties is an agreement of the parties is presented by me is presented by me may be signed by the court without notice to me may be signed by the court without notice to me



Children age 12 or older sign below to authorize release of information as described in 7:

Child signs here Print name Date

Other child signs here Print name Date

CR 5(b) Optional Form (05/2016) FL All Family 112


p. 1 of 2


In re:



No.

Proof of Mailing or Hand Delivery (for documents after Summons and Petition)

(AFSR)

Proof of Mailing or Hand Delivery (for documents after Summons and Petition)

Warning! Do not use this form to prove you mailed or delivered a Summons, Petition, Order to Go to Court, or any kind of Restraining Order. For those documents, use Proof of Personal Service (FL All Family 101), or if you have court permission to serve by mail, use Proof of Service by Mail (FL All Family 107).

I declare:

1. I am (check one): the Petitioner the Respondent (name): and am competent to be a witness in this case.

2. On (date): , I served copies of the documents listed in 3 below to

(name of party or lawyer served): by:

mail (check all that apply): first class certified other

mailing address city state zip

email to (address): (only if allowed by agreement, order, or your county’s Local Court Rule)

fax to (number): (only if allowed by agreement, order, or your county’s Local Court Rule)

Hand delivery at (time): a.m. p.m. to this address:

street address city state zip

CR 5(b) Optional Form (05/2016) FL All Family 112


p. 2 of 2

3. I left the documents (check one):

with the party or lawyer named above.

at his/her office with the clerk or other person in charge.

at his/her office in a conspicuous place because no one was in charge.

with (name): , at the address listed in court documents where the party agreed to receive legal papers for this case.

(For a party or lawyer who has no office or whose office is closed) at his/her home with (name): , a person of suitable age and discretion who lives in the same home.

4. List all documents you served (check all that apply): (The most common documents are listed below. Check only those documents that were served. Use the “Other” boxes to write in the title of each document you served that is not already listed.)

Notice of Hearing Notice Re Military Dependent

Motion for Temporary Family Law Order and Restraining Order

Sealed Financial Documents

Proposed Temporary Family Law Order Financial Declaration

Proposed Parenting Plan Declaration of:

Proposed Child Support Order Declaration of:

Proposed Child Support Worksheets Declaration of:

Other:

Other:

Other:

Other:

Other:

Other:

5. Other:

I declare under penalty of perjury under the laws of the state of Washington that the statements on this form are true.


Signature of server Print or type name of server

EVALUATION FORM: How was this 3609EN RESPONDING TO MOTIONS FOR TEMPORARY OR IMMEDIATE RESTRAINING ORDERS: PARENTAGE packet? Your comments are

appreciated and will help to make this more useful to others. Please take a moment to complete this form and return it to:

LeeAnn Friedman

Northwest Justice Project 500 W. 8th, Suite 275

Vancouver, WA 98660 Or email to [email protected]

1. Where did you get this?

CLEAR washingtonlawhelp.org Court Clerk or Facilitator

Other:

2. What is your primary language?

3. Are you low-income? yes no

4. What is the last grade you finished in school?

5. Did you read the instructions? yes no

6. Did you need the help of an agency, court facilitator, or advocate to complete your

case? yes no

If yes, what agency or individual helped you?

7. Did you find anything hard to understand? yes no

If yes, please tell us what.

8. Did you find any mistakes? yes no

Describe mistakes. Include the page #.

9. Additional Comments [use back if you need to]:

10. Today’s Date:

mailto:[email protected]

http://www.washingtonlawhelp.org/