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3153EN | March 2019 You Have Been Served with a Petition for Visits Instructions and Forms

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3153EN | March 2019

You Have Been Served with a

Petition for Visits

Instructions and Forms

3153EN | March 2019

Table of Contents | Page 1

Contents

Part 1. Important Info ...................................................................................................................................... 1

Part 2. Summary of Steps ................................................................................................................................ 1

Part 3. Is the case in the right state and county? 2

Part 4. Court forms in this packet ................................................................................................................ 2

Part 5. Other court forms and documents you may need to get ...................................................... 4

Part 6. Deadlines and legal issues ................................................................................................................ 5

Part 7. Military .................................................................................................................................................... 6

Part 8. General Instructions ........................................................................................................................... 6

Part 9. How to fill out each form ............................................................................................................... 10

A. Motion for Advance Lawyer fees and Costs – FL Visits 481 ................................................. 10

B. Order on Motion for Advance Lawyer fees and Costs (proposed) – FL Visits 482 ..... 10

C. Response to Petition for Visits - FL Visits 478 ........................................................................... 11

D. Request for Court Review – FL Visits 485 ................................................................................... 12

E. Order After Review of Petition for Visits (proposed) – FL Visits 486 .............................. 12

F. Financial Declaration of: – FL All Family 131 ............................................................................ 13

G. (Proposed) Final Order and Findings on Petition for Visits – FL Visits 488 .................. 14

Part 10. Filing and serving your response forms .................................................................................. 16

A. Filing your papers in court ................................................................................................................ 16

B. Serving the other parties ................................................................................................................... 17

1. Make sure service is complete before the deadline for your response. ...................... 17

2. Mail or deliver your papers to the other parties or their lawyers. ............................... 17

3. Service must be complete before your deadline. ................................................................. 17

C. Instructions for the Proof of Mailing or Hand Delivery – FL All Family 112 ................. 18

D. Filing the Proof of Mailing or Hand delivery .............................................................................. 18

Part 11. If You are in the Military or a Military Dependent ............................................................... 19

A. Waiver of Rights under Service Member’s Civil Relief Act form ........................................ 19

1. Instructions for filling out the Waiver form, if you choose to sign it ............................ 19

2. File the Waiver form. ....................................................................................................................... 19

B. Notice of Military Dependent ........................................................................................................... 20

1. How to fill out the form .................................................................................................................. 20

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Table of Contents | Page 2

2. File and serve the form ................................................................................................................... 20

Part 12. What happens next .......................................................................................................................... 21

A. Will there be a hearing? ...................................................................................................................... 21

B. How will I find out that there will be a hearing? ...................................................................... 21

C. There is going to be a hearing. How will the judge decide this kind of case? ................ 21

D. How do I try to persuade the judge that it is not in the child’s best interest to have visits with Petitioner? .................................................................................................................................. 21

E. Can I have witnesses testify at the hearing? ............................................................................... 22

F. What else do I need to do if I am calling witnesses? ............................................................... 22

G. What should I know about making objections? ........................................................................ 22

H. What should I know about exhibits? ............................................................................................. 22

I. What are opening and closing statements? ................................................................................ 22

J. What else should I know? .................................................................................................................. 23

Part 13. Blank Forms ........................................................................................................................................ 23

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 March 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.

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Part 1. Important Info

Should I use this?

Yes, if you are a custodial parent who has been served with a Petition for

Visits by a non-parent. You can also read Washington’s New Non-Parent Visitation Rights.

It will help you think about what to say and what proof to use to respond to this petition.

You must respond on time!

You must act right away to figure out how to respond. If you do not, Petitioner may

automatically win what they asked for. Start as soon as you get the papers.

Part 2. Summary of Steps

1. Figure out which county the case is in.

2. Read about jurisdiction at Which Court can Enter Custody Orders?

Questions and Answers about Jurisdiction. Talk to a lawyer right

away if you think the Washington court does not have jurisdiction to

decide this case.

3. Figure out your deadline for responding.

4. Fill out the forms in this packet.

5. Make sets of copies of the forms you filled out for the Petitioner,

any other Respondent, and your own records.

6. File your originals with the court where the case is filed.

7. Serve the Petitioner and any other Respondent each with a set of

copies of the papers you filed with the court.

8. If the judge schedules a hearing, get ready for and go to the hearing.

9. Finalize the case.

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Part 3. Is the case in the right state and county?

You must first try to figure out if a court in Washington has jurisdiction

(authority) to consider the Petition for visits. Jurisdiction can be

complicated. Read Which Court can Enter Custody Orders? Questions and

Answers about Jurisdiction. (The law treats jurisdiction over visits and custody the same

way.) Talk to a lawyer.

If you decide Washington has jurisdiction to hear this case, next you must decide if

Petitioner filed in the right venue (county). Generally, the county the child lives in is the

right one. There are exceptions.

If the child is the subject of a juvenile court case, Petitioner should have filed the Petition for Visits with that juvenile court.

Part 4. Court forms in this packet

Forms in this packet

Court Form Title Court Form Number

Motion for Advance Lawyer Fees and Costs FL Visits 481

Order on Motion for Advance Lawyer Fees and Costs FL Visits 482

Response to Petition for Visits FL Visits 478

Request for Court Review FL Visits 485

Financial Declaration of: FL All Family 131

Order After Review of Petition for Visits FL Visits 486

Final Order and Findings on Petition for Visits FL Visits 488

Proof of Mailing or Hand Delivery FL All Family 112

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Forms you may also need in this packet:

Court Form Title Court Form Number

Waiver of Rights Under Service Members' Civil Relief Act

Unnumbered Form1

Notice of Military Dependent Unnumbered Form

Legal Argument in Support of Response to Petition for Visits

Unnumbered Form

Notice of Appearance FL All Family 118

1 The Washington State Office of the Administrator of the Courts (AOC) has created many “mandatory” forms you must use. In some situations, no mandatory form exists. We created the unnumbered forms in this packet.

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Part 5. Other court forms and documents you may need to get

What forms and documents you need depends on the facts of your case. Here

is a checklist of what you may need:

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. Get it at www.courts.wa.gov/forms.

County Local Court Forms and Rules – Some counties have special rules for

parentage cases. They are not in this packet. Check with the court clerk or

Courthouse Facilitator in your county for more info.

Some county clerk’s offices have forms and local rules available online. Check if

yours are at courts.wa.gov/court_rules/?fa=court_rules.local&group=superior.

Subpoenaing Witnesses and Documents – To make sure important witnesses

or documents are available for your evidentiary hearing. Get it at

WashingtonLawHelp.org.

Declaration Of: ______________ (FL All Family 135) - For any statements from you

or other witnesses. Get it at www.courts.wa.gov/forms.

If you file certain confidential info during the case, you need certain forms to

keep the private info out of the public court file. They are:

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

Sealed Confidential Reports (Cover Sheet) - FL All Family 013

Sealed Financial Source Documents Cover Sheet - FL All Family 011

Get these forms from www.courts.wa.gov/forms.

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Part 6. Deadlines and legal issues

Figuring out how much time you have to respond

Deadline for Response to Petition. One of the forms you should have

been served with should be a Summons form. It should say how many

days you have to file and serve a Response after the date you got the

papers. Or look at these deadlines:

If you were personally served in Washington with the petition

(an adult who is not a party to the case handed them to you or to a

teenager or adult who lives with you), you have 20 DAYS from the

date they delivered the papers to file and serve your Response.2

If you were personally served in a state other than Washington,

you have 60 DAYS from the date you got the papers to file and serve

your Response.3

If you were served by publication (a copy of the summons was

published in the newspapers) in or outside of Washington, you have

60 DAYS from the first date the summons was published in the

newspapers to file and serve your Response.4

If you were served by certified mail in or outside of Washington,

you have 90 DAYS from the date you got the papers to file and serve

your Response.

If you need more time to Respond to the Petition. If you do not have your Response

prepared, at least file and serve a Notice of Appearance and respond to any motions

another party has filed. If you do this, Petitioner should give you notice before asking

for an order of default against you. Then file your Response as soon as possible. If you

are served with a Motion for Default, see a lawyer right away. If you have a low

income, call CLEAR at 1-888-201-1014.

2 Civil Rule (CR) 4(a)(2). 3 RCW 4.28.180. 4 RCW 4.28.110.

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Part 7. Military

If you are in the military or a military dependent, you might have special

legal rights. Get legal advice before filing anything and well before the

deadline to respond. Part 11 of this packet has very basic info.

Part 8. General Instructions

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

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

the court paper, and sometimes, the case type. It appears at the top of the first page of

every form.

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:

Put the name of the county where the case is filed in "Superior Court of Washington, County

of ."

You are a Respondent. The Petitioner is the person who filed (started) the case.

When Petitioner files the initial papers and pays the filing fee, the court clerk assigns a case

number. You must put that case number on every paper you file with the court and serve

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.

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on other parties. It goes near the top on the right-hand section of the first page of every

form after "No." (abbreviation for “number”)

You can print the case number OR the court clerk may have a special stamp to stamp it on each paper. If you do not put the number on everything you file with the court and copies you make, your papers may be lost, or the clerk may return them to you. Some courts will fine you for filing incorrect forms.

Each form has a title directly under the case caption. You might have to add info to finish 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 pleadings must follow court rules about size and margins (GR 14(a)). You must use 8 ½ x 11” white paper. You can write on only one side of the paper. The first page of each paper you file must have three inches of space (margin) at the top. The left, right and bottom margins and top margin from the second page on must be at least one inch wide. The court clerk may refuse to file or fine you for forms that do not follow these rules.

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 orders) has a space for the person who filled the

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

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 filling out a form

such as the response, 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 place (city, state) you signed.

When you prepare an order and plan to present it to 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 date line 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 might sign it if they agree it accurately states the judge’s decisions (or

the judge may require the other party to sign), even if the party is not happy with the

decision itself.

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o 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.

o 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 and sign this. If you do, you are agreeing the judge should sign the order

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

letting you know when they are going to do it.

Other signatures: A witness or person serving papers must fill out all info correctly

and sign in the right space.

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 (GR) 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

publicly available 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. Give 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.

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Box #2 - Private Info You Should File With Sealed Cover Sheets:

If you use a sealed cover sheet, this info is usually available to the court and other party. It is

not available to the public.

Financial Information: Attach paystubs, checks, loan applications, tax returns, credit card

statements, check registers, W-2 forms, bank statements, or retirement plan orders to a Sealed

Financial Source Documents form. Then the public cannot access them.

Medical or Mental Health Records or Information: You must attach any papers you file with

info 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.

You attach the private section of the report 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 what you

want kept confidential is not discussed here, 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 Info in Court Forms:

These forms are not in the public file. Info in them is usually not available to the other party.

You must put your personal info completely (including home address, social security number,

and so on):

Confidential Information Form

Vital Statistics Form

Domestic Violence Information Form

Law Enforcement Information Sheet.

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Part 9. How to fill out each form

A. Motion for Advance Lawyer fees and Costs – FL Visits 481

If you feel pressed for time, you can fill out and file this first, even before filing a Response

to the Petition.

This motion asks the judge to make Petitioner pay your lawyer’s fees and costs. RCW

26.11.050(1)(a). The judge should usually grant your request.

If you have not yet hired an attorney, you can estimate how much it will cost you to hire

one.

Even if you do not file this motion, you should ask for attorney fees in your Response to the

petition. You can ask again at the close of any hearing or after the judge reviews the case.

The judge can look at the financial resources of all parties in deciding if Petitioner should

pay your attorney fees. If the judge finds that Petitioner brought this case in bad faith (for

bad reasons), your own financial situation does not matter. RCW 26.11.050(1)(b).

Fill out the caption.

1. Request: Put your name.

2. Lawyer fees and costs: If you have had to pay a lawyer to help you with this case, put an

amount in the first blank.

3. Other information: Most people will not put anything here.

4. You should usually check the first box and fill out and file a proposed order.

Person making this motion fills out below: In the first blank, put the place you are

signing this form. In the second blank, put the date you are signing. Sign where it says.

Then print or type your name in the blank to that.

B. Order on Motion for Advance Lawyer fees and Costs (proposed) – FL Visits 482

Fill out the caption.

1. Put your name in the first blank. If you know the hearing date, put it in the second blank.

2. Read this section. Do not make any changes to it.

3. Check the first box if you believe the judge should award you costs.

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4. The Court orders: Check the motion is granted. Put Petitioner’s name. Check the

boxes underneath and fill in blanks showing what you want.

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. Check whichever boxes in your column apply to

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

C. Response to Petition for Visits - FL Visits 478

Every respondent must fill this out. The Response is your chance to answer what the

Petition says. Look at the Petition while filling this out.

If you are in the military or a military dependent, talk with a lawyer or the JAG office before filing and serving this form, and before your deadline to Respond.

Caption. Fill out the caption.

1. Your Response. Read each corresponding paragraph of the Petition. Check the box

showing if you agree or disagree with that paragraph, or you do not know enough to say. If

you check that you disagree with something (the third box in each section), you must

explain why after because.

Jurisdiction over the children: Talk to a lawyer if you need help deciding if Washington has jurisdiction over your children. Which Court has the Right to Enter Custody Orders? Frequently Asked Questions and Answers about Jurisdiction has basic info.

2. Lawyer fees and Costs. If you want Petitioner to pay your costs into the court before

any hearing, check I ask the court to order and the first box beneath that. If you believe

Petitioner had no good reason for filing this case or did it to harass you or make things hard

for your family, check I ask the court to order and the second box beneath that.

If you do not want Petitioner to pay your court costs, check the first box and skip to 3.

3. Additional information. Most people will not put anything here.

4. Requests. Check all boxes showing what you want.

Person filing this Response fills out below. Check the box if it applies and put the

number of pages you are attaching. Signed at: Put the city, state, and date you are signing.

Then sign and print your name.

A second respondent may… If there is another respondent in this case, and they agree

with your response, they can fill out this section.

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If the mailing address you use in the Response or Notice of Appearance later changes, you must fill out and file a Notice of Change of Address form, FL All Family 120, available at http://courts.wa.gov/forms.

D. Request for Court Review – FL Visits 485

This asks the judge to review by a particular deadline everything filed in this case. In

making this review, the judge decides if she should dismiss the petition or schedule a

hearing.

You can file this if another party has not done so already. If someone in the case has

already filed this Request, skip this form.

Fill out the caption.

1. I ask the court to review the documents filed in this case on: Put a date after all

responses are due to the court or, if all respondents have responded, you can choose

another date. Put the other info requested, if you know it. Read the Important! box.

2. Service and Timing: Check the box that applies.

This review was requested by: check Respondent or his/her lawyer. Sign and print

your name where it says.

I agree to accept legal papers at: Put the info requested after reading the box to the right

of it.

E. Order After Review of Petition for Visits (proposed) – FL Visits 486

Fill out the caption.

1. Read this. Do not make any changes to it.

2. Jurisdiction: Check the first box and skip to 3 if you believe the court has jurisdiction

(authority) to hear this case.

Check the second box if you believe the court does not have jurisdiction to hear this case.

In the blank, explain why. Check the box under that if true and give the case number of the

Juvenile Court case.

Reading Which Court can Enter Custody Orders? Questions and Answers about Jurisdiction can help.

3. Service and Timing: Leave this for the judge to fill out.

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4. Basis for Hearing of Dismissal: Check the second box. Check the box underneath if you

want Petitioner to pay your costs. You must be able to prove the second sentence in that

paragraph is true.

5. Other Findings: The judge may put something here.

6. Decision: Check no hearing.

7. Notice to respondent/s who have not yet responded: Leave this for the judge.

8. Lawyer Fees and Costs: Check the second box if you want Petitioner to pay your costs.

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. Check whichever boxes in your column apply to

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

Notice to respondent: If the judge checked the second box in section 7, someone will need

to fill this out and send it to the other respondent. Usually that will be the Petitioner.

F. Financial Declaration of: – FL All Family 131

Use this form only if your local rules require it, or if Petitioner has raised their own poverty as a reason why it would be unjust to award fees.

Caption. Fill out the caption. Financial declaration of: put 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 requested.

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

rest of the form.

3. Income.

If you do not know Petitioner’s income, give your best estimate.

Use the You column for your info. Use the Other Party column for Petitioner. Put the

income and income deduction info requested.

Income from Benefits: Put any Social Security Disability (SSDI) or workers’ compensation

(L&I, or other disability benefits from an employer) you get in Other Income.

Work-Related Disability Benefits: If you get SSDI, L&I and some employer-paid disability

benefits or Social Security retirement, any dependent benefits the child gets directly count

as income to you. Add those amounts under 3A to your income. Those benefits should

also be credited as child support paid by you. RCW 26.18.190.

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Deductions from Income: You can include deductions from income other than income

tax, FICA, and L&I payments, if you have proof of such deductions. RCW 26.19.071(5).

Paystubs can show union and pension plan deductions. Examples of such proof: pages

from a collective bargaining agreement or employee handbook, or a letter from the

employer stating that the deductions are required. If pension deductions are voluntary,

you need proof that you have had the deduction taken for at least two years. If Petitioner

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 any private financial info to the Financial Source Documents Cover Sheet,

form number FL All Family 011, available at courts.wa.gov/forms/.

4. Other Income and Household Income.

A. Other income. Put the name and amount of any other income (including TANF, SSI,

and/or food stamps) you get regularly.

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

5. Disputed income. You can probably leave this blank.

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

for cash. Examples: stocks, bonds, and so on.

7. Monthly Expenses after Separation. Put your monthly household expenses. Put your

best estimate of each. Many expenses are not monthly. For those, take the actual amount

you pay. Calculate the monthly average. Example: You pay your car insurance every six

months. Divide the amount you pay by 6. Put that amount in the blank under 7F.

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

income. You may put off paying a bill or make other cutbacks in your expenses. If your

expenses are far more than your income, the court might ask how you are meeting them.

Be ready to show how you are doing it.

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

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

Signed at: Put where and when you are signing this. Sign and print where it says.

G. (Proposed) Final Order and Findings on Petition for Visits – FL Visits 488

Have your Response to the Petition nearby. It may have info you need to fill out this proposed Order.

Caption. Fill out the Caption.

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1. Money Judgment Summary. Come back to this section after filling out section 15.

2. Basis for order: You will check either parties’ agreement, if that is true in your case, or

hearing on. Put the hearing date, if you know it. The judge will put who was at the hearing

when signing this order.

3. Children covered by order: Put the info requested.

4. Juvenile Court case: Check the box that applies. If you check the second box for an open

Juvenile Court case, put that case number.

5. Jurisdiction over the children: Check the first box if you believe the court lacks

jurisdiction over any of the children this case covers. List those children.

Check the second box if you believe the court has jurisdiction over the children. Read each

bolded choice. Check all that apply. Fill in blanks as needed.

6. Hearing set after review: Check the box only if true in your case.

7. First petition: Check the box that applies.

8. Family relationship: If you check yes, check the box underneath that applies. (You

may have to check more than one box if there is more than one Petitioner.)

9. Ongoing and substantial relationship: Check the box that applies and follow the

instructions in filling in the blanks.

10. Risk of harm: Check the box that applies and follow the instructions in filling in the

blanks.

11. Best interest factors: Leave this for the judge.

12. Best interest conclusion: Check the box showing what you want.

13. Findings about fees and costs: Check the box that applies and fill in blanks as needed.

14. Decision: If you check the second box, put in the blanks exactly what kind of visits you

want Petitioner to have.

15. Money judgment for fees and costs: Check the first box and skip to 16 if you do not

want the Petitioner to pay your costs. If you do, fill out the table. Go back to Section 1 of

this Final Order and fill it out.

Most people leave the interest rate at 12%.

16. Other orders (if any): The judge may put something here.

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 whichever boxes in your

column apply to you. Sign and print your name and put the date where it says.

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Part 10. Filing and serving your response forms

After filling out the forms, follow these steps to file them, serve them on the

other parties, and prove that service has been made.

You must know who must be served or is a party to the case. The other parent may also be a respondent.

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:

________ 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 other party (1 x ___ number of other parties).

________ One copy as working papers, if you have an upcoming hearing

and local rules require you to give the judge “working papers”

before a hearing. Read What are Working Copies.

________: total. This is how many copies to make of each document.

Organize Your Papers. Make a set of the papers for the court and for each party. Put all originals into the set for the court. 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 the legal address they have provided. Add your return address for legal mail. Use the address on your Response.

A. Filing your papers in court

Take the originals and copies to the superior court clerk’s office in the

courthouse where the case was filed. Give the clerk the originals for

filing. Ask the clerk what to do with any proposed orders.

Ask the clerk to stamp the copies to show the date you filed the originals. Take the

conformed (stamped) copies back from the clerk. The clerk keeps the originals.

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B. Serving the other parties

After filing your papers with the court, you must have them properly served

on (delivered to) the other parties.

1. Make sure service is complete before the deadline for your response.

The court does not serve the other parties for you. You must arrange for service and make

sure your server delivers the papers properly.

You can have most papers served on the other party by mail or hand delivery. We explain

below. Carefully follow the rules about service.

After service is complete, file proof of service with the court. We explain how below.

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

Since you are responding, you can use regular mail or hand delivery to get your papers to

Petitioner. During the case, if a party has given you an address for service of legal papers

(examples: in the Summons, a Notice of Appearance, or a Notice of Address Change), serve

them at that address. If a party has a lawyer, have the papers delivered to the lawyer.

3. Service must be complete before your deadline.

Try not to deliver or mail the papers yourself. It is better to ask an adult friend or

relative to do it for you.

After mailing or delivering the papers, your friend must fill out the Proof of Mailing

or Hand Delivery the same day. Your friend should fill out a separate form for each

person they mailed or delivered papers to. You file the original Proof of Mailing or Hand

Delivery. 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: a document

mailed on Monday is considered served on Thursday. There are deadlines by

which you must have papers served. If the third day is on a weekend or holiday, the

document is not “served” until the next court day.

If you have a document sent by regular mail, have an extra copy sent by certified

mail, return receipt requested, for more proof. Staple the green return receipt card

to the Proof of Mailing or Hand Delivery.

Hand delivery:

Your server may hand-deliver the papers instead of mailing them. This means one

of these:

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o Handing it to the lawyer or party.

o Leaving it at his office with their clerk or other person in charge of the office.5

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

a competent adult living there.

C. 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.

This form states that copies of papers you file in court have been given to the other parties.

Use a separate form for each party to whom you had papers mailed or delivered.

Caption. Fill out 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 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

gave the other party. If they leave a form out, 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.

D. Filing the Proof of Mailing or Hand delivery

Make one copy of each completed Proof of Mailing or Hand Delivery. Do not give the

other parties copies of this. 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. File it with the clerk. Make a copy for your records. If you do not

yet have the green receipt back when filing the Proof of Mailing or Hand Delivery, file the

receipt later. Attach it to a page labeled with your case caption.

5 You should only serve other parties at their offices if they have used that as their service address in a Notice of Appearance, Petition, Notice of Address Change, or Response.

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Part 11. If You are in the Military or a Military Dependent

If you are on active military duty or the dependent of someone who is, you

may have special protections under the Service Members’ Civil Relief Acts

(SCRA). These can include protection against being defaulted, the right to ask for a stay

(delay) of a court case if active duty limits your ability to take part in the case, and other

rights.

Before doing anything else, contact a lawyer or your JAG (Judge Advocate General)

right away to find out how to protect your rights under the SCRA. Act quickly. Your

time to respond is limited. Example: If you got a Notice re Military Dependent, you must

respond to it within 20 days. Your JAG will know military law. You may also need to consult

a Washington lawyer about your family law issues.

Use the form called a Waiver of Rights under the Service Members Civil Relief Act to give up

the rights under these laws. Instructions are below, if you decide to use this form.

Use the Notice re Military Dependent if you qualify under the law as a military dependent to

notify the court and Petitioner that you are the dependent. Instructions for this form are

also below.

A. Waiver of Rights under Service Member’s Civil Relief Act form

You do not have to fill this out. If you are concerned you will not be able to take part in the

case because of military duties, or you are thinking about signing the waiver form, see a

lawyer or the JAG office. If you sign this, you are giving up protections under this law.

1. Instructions for filling out the Waiver form, if you choose to sign it

Caption. Fill out the Caption.

In the first blank, put your full name.

Put the date you were served with the Summons and Petition, and the service member’s

name, rank, serial number and unit. You must sign in front of a notary public.

Finding a Notary: Your local bank may have a notary. If you have a bank account there, the bank will sometimes provide the notary service free. You can also look up notary publics on the web.

2. File the Waiver form.

If you sign this form, you can give it to Petitioner to file or you can file it yourself with the

court clerk’s office. Keep a conformed copy for yourself. Give the other parties a copy.

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B. Notice of Military Dependent

If you have not yet appeared in the case, and all the below are true, you can file and serve

this form:

You get a form called Notice re Military Dependent.

You are a qualified military dependent. (See definition in the Notice to Military

Dependent.)

The service member is in the National Guard or a military reserve component under

a call to active duty for at least 30 days in a row.

You want the court and Petitioner to know about your status so they do not assume

that you are not a military dependent.

If you do not notify the court and other party of your dependent status within twenty days of getting the Notice re Military Dependent, the judge could enter an order of default against you.

If you are a military dependent, talk to a lawyer. Find out

If you are entitled to the protections of the law concerning military service

members’ dependents.

If so, whether you should file a Notice of Appearance, a Response to the Petition, and

other documents in this packet.

You can use the form in this packet or create your own form or letter.

1. How to fill out the form

Caption. Fill out the Caption.

Check the box that explains why you are a dependent of a service member.

Put the name of the service member whose dependent you are. Put the other info

requested.

Signature. Date the form. Sign where it says. Print or type your name on the line below.

Show the place signed. (Example: Yakima, Washington.)

Service Address. Put your mailing address. If you are afraid to give your address, put one

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

2. File and serve the form

File the original with the court clerk. Keep a conformed copy for your records. Serve the

other parties with a copy. You must file and serve notice of your military dependent status

within 20 days after you receive the Notice re Military Dependent. Complete and file a

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Proof of Mailing or Hand Delivery. See the general instructions for the Proof of Mailing or

Hand Delivery.

Part 12. What happens next

A. Will there be a hearing?

Maybe, but only if, after reviewing everything that you and Petitioner have

filed, the judge finds she will likely grant the visitation request.

On the other hand, the judge could decide to dismiss the case without a hearing. If

that happens, the judge will issue a Final Order denying the petition.

B. How will I find out that there will be a hearing?

The new law is unclear about this. It may depend on local court rules or practice. Ask the

clerk or court administrator.

When you find out the hearing date, you can submit to the court some things in advance. You can submit the hearing memo at the end of this packet and a list of witnesses. See “What else do I need to do if I am calling witnesses,” below.

C. There is going to be a hearing. How will the judge decide this kind of case?

The court shall allow visits only if it finds both of these:

The child would likely suffer harm or substantial risk of harm if the judge does

not allow visits with Petitioner.

Granting visits between the child and Petitioner is in the child’s best interest.

D. How do I try to persuade the judge that it is not in the child’s best interest to have visits with Petitioner?

The judge must consider your reasons for denying visits. The law presumes that a fit

parent's decision to deny visits is in the child’s best interest and does not create a

likelihood of harm or substantial risk of harm to the child.

To get around this, Petitioner might try to prove that you are unfit. This is hard to do.

Usually Petitioner would have to show that a court has previously found you unfit.

Petitioner could also get around this by showing that the child is not in your custody.

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E. Can I have witnesses testify at the hearing?

This law is new. The practice around it is still developing. Different counties may handle this kind of hearing differently.

Probably. The court should treat this as a special evidentiary hearing. That means you

must give the judge evidence to prove your case, or to disprove Petitioner’s case. Witness

testimony is evidence!

If you or the other party will have witnesses testify, get ready before the hearing by

thinking about key points you want the witnesses to make in their testimony. Write those

key points down. At the hearing, check those points off as you make them through your

questions.

Before the hearing, write out questions you believe are important. This will help you remember them!

F. What else do I need to do if I am calling witnesses?

Before the hearing, make a written list of your witnesses’ names. File the original. Give the

judge and opposing party each a copy.

Make sure your witnesses are ready to appear and testify when the court calls your case for

hearing. You can make sure they are available within ten to fifteen minutes with a quick

phone call.

G. What should I know about making objections?

State rules of evidence and civil rules control how the judge will conduct the trial. If the

other party objects to something, do not interrupt. Let them explain their reason why. The

judge will let you respond. The judge will then rule on the objection.

Do not speak to the opposing party during objections. Speak only to the judge. Speak

one at a time.

H. What should I know about exhibits?

Before the hearing, make a written list of your Exhibits to help keep track of them. You

must bring the originals and three copies of any documents, papers or pictures you want

the court to consider. Bring them to the courtroom early. Then the clerk can “mark” (label) them for the record.

I. What are opening and closing statements?

You will address the Court at the start and end of the hearing. You should summarize what

you want and why.

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J. What else should I know?

Try to dress appropriately for court. This means neat clothes you would wear to church.

Be in the courtroom at least fifteen minutes before the trial’s scheduled start time.

Remember:

You might need to find parking.

There may be a long line to get into the courthouse.

Do not bring your children to court if you can help it. The court will probably not allow

them in the courtroom with you.

Part 13. 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 in

this packet.

The Washington Administrative Office of the Courts has Microsoft Word versions of many

of these forms available on their web site at courts.wa.gov/forms.

Chapter 26.11 RCW (07/2018) FL Visits 481

Motion for Advance Lawyer Fees and Costs p. 1 of 3

Superior Court of Washington, County of

In re Visits: Children

Petitioner/s (person/s who started this case):

And Respondent/s (parent/s, legal custodian and anyone with court-ordered residential time):

No.

Motion for Advance Lawyer Fees and Costs (MT)

Motion for Advance Lawyer Fees and Costs

To all 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 do all these things: File your original documents with the Superior Court Clerk. Give the Judge/Commissioner a copy of your papers (if required by your county’s Local Court Rules). Have a copy of your papers served on all other parties or their lawyers. Go to the hearing.

The court may not allow you to testify at the motion hearing. Read your county’s Local Court Rules, if any.

Bring proposed orders to the hearing.

To the Respondent (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 Petitioner (person receiving this motion):

If you do not agree with the requests in this motion, file a statement (using form Declaration FL All Family 135) explaining why the amount requested is unreasonable and/or why it would be unjust to order you to pay. If you are claiming it would be unjust, you must provide information about your financial resources. Local rules may require you to file a Financial Declaration FL All Family 131.

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Motion for Advance Lawyer Fees and Costs p. 2 of 3

1. Request

My name is: . I am a respondent in this case. I ask the court to approve an order for advance lawyer fees and costs.

The law requires the court to order the petitioner to pay a reasonable amount for costs and lawyer fees before any hearings in this case unless the court finds it would be unjust to do so.

2. Lawyer fees and costs

I request lawyer fees of $____________________ and costs of $ ___________.

I believe these fees and costs are reasonable and these funds will not be used for any other purpose.

3. Other information (may include information about the petitioner/s’ financial resources):

Important! Local rules may require you to file a Financial Declaration FL All Family 131 with this motion, or you may need to file one with your reply if the petitioner/s claim it would be unjust to order costs and fees.

4. A proposed order (check one): is is not attached to this Motion.

Person making this motion 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 and any attachments are true. I have attached (number of): pages.

Signed at (city and state): Date:

Person making this motion signs here Print name here

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

(Optional) email:

(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 address city state zip

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Motion for Advance Lawyer Fees and Costs p. 3 of 3

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.

Chapter 26.11 RCW (07/2018) FL Visits 482

Order on Motion for Advance Lawyer Fees and Costs

p. 1 of 2

Superior Court of Washington, County of

In re: Children

Petitioner/s (person/s who started this case):

And Respondent/s (parent/s, legal custodian and anyone with court-ordered residential time):

No.

Order on Motion for Advance Lawyer Fees and Costs

(ORALFC, ORDYMT)

Order on Motion for Advance Lawyer Fees and Costs

1. Respondent (name): made a Motion for Advance Lawyer

Fees and Costs. A hearing on the Motion was held on (date): .

2. The Court has considered the Motion and any supporting documents, response from the

other party, other documents from the court record identified by the court, if any, and any testimony or argument.

3. The Court finds that:

The lawyer fees and costs ordered below are reasonable.

After considering the financial resources of all parties, it is unjust to order petitioner to pay respondent’s reasonable lawyer fees and costs in advance of any hearing in this case because:

Other findings (if any):

Chapter 26.11 RCW (07/2018) FL Visits 482

Order on Motion for Advance Lawyer Fees and Costs

p. 2 of 2

4. The Court Orders:

The motion is granted. Petitioner/s (name/s): must:

Pay Respondent’s lawyer fees. Amount: $

Make payments to (name): by (date):

Pay Respondent’s costs. Amount: $

Make payments to (name): by (date):

for:

No hearing will be held until the fees and costs are paid. The petition may be dismissed if the fees and costs are not paid by the date above.

The motion is denied.

Ordered.

Date 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

Chapter 26.11 RCW (07/2018) FL Visits 478

Response to Petition for Visits

p. 1 of 8

Superior Court of Washington, County of

In re visits with:

Children:

Petitioner/s (person/s who started this case):

Respondent/s ( parent/s, legal custodian and anyone with court-ordered residential time):

No.

Response to Petition for Visits (RSP)

Response to Petition for Visits

1. Your response

Look at each section of the Petition and give your response below. If you need more space use the Declaration form FL All Family 135.

Statements in the Response

1. Petitioner’s Information

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

2. Family Relationship

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

Chapter 26.11 RCW (07/2018) FL Visits 478

Response to Petition for Visits

p. 2 of 8

Statements in the Response

3. Children

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

4. Respondents’ Information

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

5. Other people with a legal right to spend time with a child

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

6. Children’s Home/s

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

7. Other court cases involving a child

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

Chapter 26.11 RCW (07/2018) FL Visits 478

Response to Petition for Visits

p. 3 of 8

Statements in the Response

8. Jurisdiction over the children

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

9. County where this case should be heard

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

10. Ongoing and substantial relationship

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

11. Risk of Harm

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

12. Best interest

a. Current relationship

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

Chapter 26.11 RCW (07/2018) FL Visits 478

Response to Petition for Visits

p. 4 of 8

Statements in the Response

b. Prior relationship

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

c. Relationship between parties

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

d. Respondent’s relationship

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

e. Objections

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

f. Effect if granted

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

Chapter 26.11 RCW (07/2018) FL Visits 478

Response to Petition for Visits

p. 5 of 8

Statements in the Response

g. Residential time

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

h. Good faith

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

i. Abuse or neglect

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

j. Child’s preference

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

k. Any other factor relevant to the child's best interest

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

I disagree with what the other party said about this because:

13. Visits Requested

I agree with what the other party said about this.

I don’t have enough information to agree or disagree with what the other party said about this.

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Response to Petition for Visits

p. 6 of 8

Statements in the Response

I disagree with what the other party said about this because:

2. Lawyer Fees and Costs

No request.

I ask the court to order the petitioner to pay my lawyer fees and costs for this case: (check all that apply).

I will file a Motion for Advance Lawyer Fees and Costs. Lawyer fees and costs should be ordered because the petition for visits was

brought in bad faith or without reasonable basis.

Important! If you want lawyer fees and costs now, you must file a separate Motion for Advance Lawyer Fees and Costs FL Visits 481 and schedule a hearing on the motion.

3. Additional information (if any)

4. Requests

I ask the court to (check all that apply):

Deny the Petition for Visits

Approve an Order for Visits – Allow the children to visit with Petitioner as follows:

(Specify frequency and lengths of visits)

Fees – Order the other parent to pay for my lawyer fees and costs.

Other (specify):

________________________________________________________________________

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Response to Petition for Visits

p. 7 of 8

Person filing this Response 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 (including any attachments) are true. I’ve attached (#): pages.

Signed at (city and state): Date:

Person filing Response signs here Print name

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

(Optional) email:

(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).)

A second respondent may join this response by signing below or may file their own Response separately.

I declare under penalty of perjury under the laws of the state of Washington that the facts I have provided on this form (including any attachments) are true. I’ve attached (#): pages.

Signed at (city and state): Date:

Person filing Response signs here Print name

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

(Optional) email:

(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).)

Important! You must fill out and file a Confidential Information form (FL All Family 001) with the court clerk.

Lawyer (if any) fills out below:

Lawyer signs here Print name and WSBA No. Date

Lawyer’s address city state zip

Chapter 26.11 RCW (07/2018) FL Visits 478

Response to Petition for Visits

p. 8 of 8

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.

Chapter 26.11 RCW (07/2018) FL Visits 485

Request for Court Review

p. 1 of 2

Superior Court of Washington, County of

In re visits with:

Children:

Petitioner/s (person/s who started this case):

Respondent/s (parent/s, legal custodian and anyone with court-ordered residential time):

No.

Request for Court Review

(RQCR)

Clerk’s action required: 1

Request for Court Review

To the Court Clerk and all parties:

1. I ask the court to review the documents filed in this case on:

for: at: a.m. p.m. date time

If known: docket / calendar or judge / commissioner’s name

Chapter 26.11 RCW (07/2018) FL Visits 485

Request for Court Review

p. 2 of 2

Important! Do not come to court on the date and time above. The court will review the written court file without a hearing and will dismiss the petition or will schedule a hearing.

If you want to provide information before the court decides whether to hold a hearing, file and serve your documents before the review date.

2. Service and Timing

The review can take place now because:

All Respondent/s have filed a Response.

Respondents’ deadline to respond at Step 1 as listed in the Summons has passed (20, 60, or 90 days depending on the type of service). Proof of service for each Respondent is filed with the court.

A copy of this request has been or will be served as shown in the proof of service.

This review was requested by: Petitioner or his/her lawyer Respondent or his/her lawyer

Person asking for this hearing signs here Print name (if lawyer, also list WSBA #) Date

I agree to accept legal papers for this case at:

address

city state zip

(Optional) email:

This does not have to be your home address. 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). A party must also update his/her Confidential Information form (FL All Family 001) if this case involves parentage or child support.

RCW 26.18.220(1) Mandatory Form (09/2016) FL All Family 131

Financial Declaration

p. 1 of 6

Superior Court of Washington, County of

In re:

Petitioner/s (person/s who started this case):

And Respondent/s (other party/parties):

No.

Financial Declaration of (name):

(FNDCLR)

Financial Declaration

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.) $

RCW 26.18.220(1) Mandatory Form (09/2016) FL All Family 131

Financial Declaration

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)

RCW 26.18.220(1) Mandatory Form (09/2016) FL All Family 131

Financial Declaration

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)

RCW 26.18.220(1) Mandatory Form (09/2016) FL All Family 131

Financial Declaration

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 10 below to explain any unusual

expenses, or attach additional pages. Total Health Care Expenses

RCW 26.18.220(1) Mandatory Form (09/2016) FL All Family 131

Financial Declaration

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.

Signed at (city and state): Date:

Sign here Print name

RCW 26.18.220(1) Mandatory Form (09/2016) FL All Family 131

Financial Declaration

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).

Chapter 26.11 RCW (07/2018) FL Visits 486

Order After Review of Petition for Visits

p. 1 of 5

Superior Court of Washington, County of

In re visits with:

Children:

Petitioner/s (person/s who started this case):

Respondent/s (parent/s, legal custodians and anyone with court-ordered residential time):

No.

Order After Review of Petition for Visits

(ORDYMT, ORH, ORSTAF)

Clerk’s Action required: 6

Setting Hearing

Dismissal

Order After Review of Petition for Visits

1. The court has reviewed the Petition for Visits, any declarations or other documents

submitted by Petitioner/s and any response, declarations or other documents submitted by Respondent/s. Respondent/s did did not submit a response or declarations.

The Court Finds:

2. Jurisdiction

This court has jurisdiction over this case.

This court does not have jurisdiction over this case because: ___________________

_____________________________________________________________________

_____________________________________________________________________

There is an open Juvenile Court case involving child custody or out-of-home

placement for the children in this county under case number:

. The court handling that case has not

signed an order allowing this court to proceed with this case about visits.

Chapter 26.11 RCW (07/2018) FL Visits 486

Order After Review of Petition for Visits

p. 2 of 5

3. Service and Timing

The court review cannot take place yet because:

Petitioner has not provided proof that Respondent/s were served.

The deadline for filing a Response has not passed.

Other (specify):

The court review can take place now because all parties were served with the request for court review and:

Respondent/s have all filed a Response.

Respondents’ deadline to respond at Step 1 as listed in the Summons has passed (20, 60, or 90 days depending on the type of service). Proof of service for each Respondent is filed with the court.

4. Basis for Hearing or Dismissal

It is more likely than not that the Petition for Visits will be granted. A hearing should be held.

Petitioner has not shown that it is more likely than not that the Petition for Visits will be granted. The Petition for Visits should be dismissed.

The petition was brought in bad faith or without a reasonable basis in light of the requirements of the law, so reasonable lawyer fees and costs should be awarded to Respondent/s.

5. Other Findings

Chapter 26.11 RCW (07/2018) FL Visits 486

Order After Review of Petition for Visits

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The Court Orders:

6. Decision

No Hearing – The Petition for Visits is dismissed.

Hearing Set – The Petition for Visits will move on to a full hearing. The hearing will take place (check one):

At a later date to be set by the court.

On (date): at (time): a.m. p.m.

in (Court, Room/Dept.):

On the date set by the case scheduling order made when the Petition was filed.

Other:

Warning! Failure to appear at the hearing may result in the court granting all of the relief requested in the petition.

7. Notice to Respondent/s who have not yet responded

Does not apply. Respondent/s have all responded.

Respondent/s (name): have not filed a Response to Petition for Visits.

Deadline to avoid default: Respondent/s must file a Response by (date): ____________ (Copy this date into the attached Notice to Respondent.)

Petitioner must complete the Notice to Respondent on the next page and deliver copies of this order and completed notice to Respondent/s by:

Personal service

Certified and first class mail

Other: _______________________________________________________.

and file proof of service.

8. Lawyer Fees and costs

No lawyer fees and costs are awarded at this time.

Petitioner must pay Respondent/s (name/s): ________________________________ reasonable lawyer fees and costs in the amount of $_____________.

Ordered.

Date Judge or Commissioner

Chapter 26.11 RCW (07/2018) FL Visits 486

Order After Review of Petition for Visits

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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

Chapter 26.11 RCW (07/2018) FL Visits 486

Order After Review of Petition for Visits

p. 5 of 5

Notice to Respondent (Use only if required by section 7 of the order.))

To Respondent: Petitioner/s started a case asking for visits with the children listed above and the court decided there will be a hearing (Step 2). Because you did not already file a response in Step 1, you must respond in writing for the court to consider your side.

Deadline! (Date): ____________________ (Deadline to avoid default from section 7 of the order.)

Your response must be filed with the court and served on Petitioner by this date.

If you do not file and serve your Response by the deadline, the court may approve Petitioner’s requests without hearing your side (default judgment).

To respond:

1. Read the Petition and any other documents you receive with this Notice. These

documents explain what Petitioner is asking for.

2. Fill out the Response to Petition for Visits (form FL Visit ____) and use the Declaration

(form FL All Family 135) for any statements from you or other witnesses. Attach any documents you want the court to see. You can get the Response and blank forms at:

The Washington State Courts’ website: www.courts.wa.gov/forms

The Administrative Office of the Courts – call: (360) 705-5328

Washington LawHelp: www.washingtonlawhelp.org, or

The Superior Court Clerk’s office or county law library (for a fee).

3. Serve (give) a copy of your Response and other documents to Petitioner at the address

below, and to any other Respondent/s. You may use certified mail with return receipt requested. For more information on how to serve, read Superior Court Civil Rule 5.

address city state zip

4. File your original Response and other documents with the court clerk at this address:

Superior Court Clerk, County

address city state zip

5. Lawyer not required: It’s a good idea to talk to a lawyer, but you may file and serve

your Response without one.

6. Right to request lawyer fees: Under the visit law, you can ask the court to make

Petitioner pay you money for lawyer’s fees before any hearing takes place. To ask for Petitioner to pay you lawyer’s fees, fill out Motion for Advance Lawyer Fees and Costs (form FL Visits 481) and follow local court rules about how to set a motion.

Chapter 26.11 RCW (07/2018) FL Visits 488

Final Order and Findings on Petition for Visits

p. 1 of 9

Superior Court of Washington, County of

In re visits with:

Children:

Petitioner/s (person/s who started this case):

Respondent/s (parent/s, legal custodian, and anyone with court-ordered residential time):

No.

Final Order and Findings on Petition for Visits

(ORDYMT,OGV, ORSTAF)

Clerk’s action required: 1

Final Order and Findings on Petition for Visits

1. Money Judgment Summary

No money judgment is ordered.

Summarize any money judgment from section 15 in the table below.

Judgment for Debtor’s name (person who must pay money)

Creditor’s name (person who must be paid)

Amount Interest

Lawyer fees

Costs

$ $

Yearly Interest Rate: ____% (12% unless otherwise listed)

Lawyer (name): represents (name):

Lawyer (name): represents (name):

2. Basis for order (check all that apply):

Parties’ agreement.

Chapter 26.11 RCW (07/2018) FL Visits 488

Final Order and Findings on Petition for Visits

p. 2 of 9

Order on Motion for Default signed on (date): .

Hearing on (date): .

The following people were at the hearing:

3. Children covered by order

Findings & Conclusions

4. Juvenile Court case

There is no open Juvenile Court case involving child custody or out-of-home placement for the children.

There is an open Juvenile Court case involving child custody or out-of-home placement for the children in this county under case number: . The court handling that case has signed an order allowing this court to proceed with this case about visits.

5. Jurisdiction over the children (RCW 26.27.201 – .221, .231, .261, .271)

This court cannot decide this case for these children (names): because this court does not have jurisdiction over them. The Petition should be dismissed as to these children.

This court can decide this case for these children because (check all that apply; if a box applies to all of the children, you may write “the children” instead of listing names):

Exclusive, continuing jurisdiction – A Washington court has already made a parenting plan, residential schedule or custody order for the children, and the court still has authority to make other orders for (children’s names): .

Home state jurisdiction – Washington is the children’s home state because (check all that apply):

(Children’s names): lived in Washington with a parent or someone acting as a parent for at least the 6 months just before this case was filed, or if the children were less than 6 months old when the case was filed, they had lived in Washington with a parent or someone acting as a parent since birth.

There were times the children were not in Washington in the 6 months just before this case was filed (or since birth if they were less than 6 months old), but those were temporary absences.

Child’s Name Age Child’s Name Age

1. 2.

3. 4.

5. 6.

Chapter 26.11 RCW (07/2018) FL Visits 488

Final Order and Findings on Petition for Visits

p. 3 of 9

(Children’s names): do not live in Washington right now, but Washington was the children’s home state some time in the 6 months just before this case was filed, and a parent or someone acting as a parent of the children still lives in Washington.

(Children’s names): do not have another home state.

No home state or home state declined – No court of any other state (or tribe) has the jurisdiction to make decisions for (children’s names): , or a court in the children’s home state (or tribe) decided it is better to have this case in Washington and:

The children and a parent or someone acting as a parent have ties to Washington beyond just living here; and

There is substantial evidence about the children’s care, protection, education and relationships in this state.

Other state declined – The courts in other states (or tribes) that might be (children’s names): ’s home state have refused to take this case because it is better to have this case in Washington.

Other reason (specify):

6. Hearing set after review

The Court found that a hearing should be held in an Order After Review of Petition for Visits (form FL Visits 486) signed by the court on (date): .

Does not apply. These findings and conclusions are agreed to by all parties.

7. First petition

Is this the first Petition for Visits filed by Petitioner for these children?

No. The Petition must be denied.

Yes.

This conclusion is based on the following facts:

8. Family relationship

“Parent” means a legal parent whose rights have not been terminated, relinquished, or declared not to exist.

Is Petitioner a type of relative who is allowed by law to petition for visits?

No. The Petition must be denied.

Yes. Petitioner is related to the children or the children’s parent as follows (check all that apply, if more than one petitioner, specify each petitioner’s relationship):

Chapter 26.11 RCW (07/2018) FL Visits 488

Final Order and Findings on Petition for Visits

p. 4 of 9

Blood relative, including those of half-blood, and including first cousins, second cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great, or

That person’s spouse, even after the marriage is terminated or One of those relatives of any half sibling of the child.

Stepfather, stepmother, stepbrother, and stepsister, or

That person’s spouse, even after the marriage is terminated or One of those relatives of any half sibling of the child.

A person who legally adopts a child or the child's parent as well as the biological and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law, or

That person’s spouse, even after the marriage is terminated or One of those relatives of any half sibling of the child.

Extended family members, as defined by the law or custom of an Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4).

This conclusion is based on the following facts:

9. Ongoing and substantial relationship

Does Petitioner have an ongoing and substantial relationship with the children for at least

two years, or, if a child is under two, for at least half the child’s life and with a shared expectation of and desire for an ongoing relationship?

No. The Petition must be denied.

Yes.

This conclusion is based on the following facts (describe whether Petitioner’s relationship with the children was formed and sustained through interaction, companionship, and mutuality of interest and affection, without expectation of financial compensation and with substantial continuity):

Chapter 26.11 RCW (07/2018) FL Visits 488

Final Order and Findings on Petition for Visits

p. 5 of 9

10. Risk of harm

The Court presumes that a fit parent’s decision to deny visitation is in the best interest of the children and does not create a likelihood of harm or a substantial risk of harm to the children. Considering Respondent/s’ reasons for denying visits, has Petitioner overcome this presumption by clear and convincing evidence to prove that the children are likely to suffer harm or a substantial risk of harm if visitation is denied?

No. The Petition must be denied.

Yes.

This conclusion is based on the following facts (describe why and how the children would or would not likely be harmed):

11. Best interest factors

The court has considered the following factors about whether or not visits are in the children’s best interest:

a. Current relationship: The court considered the love, affection, and strength of the current relationship between the child and Petitioner and how the relationship is beneficial to the child.

The court finds:

b. Prior relationship: The court considered the length and quality of the prior relationship between the child and Petitioner before Respondent denied visitation, including the role performed by Petitioner and the emotional ties that existed between the child and Petitioner.

The court finds:

c. Relationship between parties: The court considered the relationship between Petitioner/s and Respondent/s.

The court finds:

Chapter 26.11 RCW (07/2018) FL Visits 488

Final Order and Findings on Petition for Visits

p. 6 of 9

d. Respondent’s relationship: The court considered the love, affection, and strength of the current relationship between the child and Respondent.

The court finds:

e. Objection: The court considered the nature and reason for Respondent's objection to granting Petitioner visitation.

The court finds:

f. Effect if granted: The court considered the effect that granting visitation will have on the relationship between the child and Respondent.

The court finds:

g. Residential time: The court considered the residential time-sharing arrangements between the parties having residential time with the child.

The court finds:

h. Good faith: The court considered whether the Petition and Response/s were brought in good faith.

The court finds:

i. Abuse or neglect: The court considered any history of physical, emotional, or sexual abuse or neglect by Petitioner, or any history of physical, emotional, or sexual abuse or neglect by a person residing with Petitioner if visitation would involve contact between the child and the person with such history.

The court finds:

Chapter 26.11 RCW (07/2018) FL Visits 488

Final Order and Findings on Petition for Visits

p. 7 of 9

j. Child’s preference: The court considered the child's reasonable preference, if old enough to express a preference.

The court finds:

k. Other: The court considered the following other factors relevant to the child's best interest.

The court finds:

l. Fit parent: The court considered that Respondent parent/s have not lost their parental rights by being adjudicated as unfit parent/s.

The court finds:

12. Best interest conclusion

Considering the factors above, has Petitioner proved by clear and convincing evidence that it is in the children’s best interest to order visits?

No. The Petition must be denied.

Yes.

13. Findings about fees and costs

Respondent/s did not ask for Petitioner to pay their lawyer fees and costs.

Petitioner paid Respondent/s’ lawyer fees and costs before the Hearing.

Respondent/s (Name/s): asked the court to order Petitioner to pay their costs and lawyer fees. (Check one):

The costs and lawyer fees ordered below are reasonable.

After considering the financial resources of all parties, it is unjust to order Petitioner to pay Respondent/s reasonable costs and lawyer fees because:

Chapter 26.11 RCW (07/2018) FL Visits 488

Final Order and Findings on Petition for Visits

p. 8 of 9

The Petition was brought in bad faith or without a reasonable basis in light of the requirements of the law. Petitioner should pay Respondent/s reasonable costs and lawyer fees as ordered below.

Other findings:

Court Order

14. Decision

Visits Denied – The court denies the Petition for Visits.

Visits Approved – The court approves the Petition. Petitioner will have visits with the children as follows (specify frequency and length of visits):

Petitioner must pay all transportation costs related to the visits.

15. Money judgment for fees and costs (summarized on page 1)

No money judgment is ordered.

The court orders a money judgment for fees and costs as follows:

Judgment for Debtor’s name (person who must pay money)

Creditor’s name (person who must be paid)

Amount Interest

Lawyer fees $ $

Costs (specify)

$ $

The interest rate is 12% unless another amount is listed below.

The interest rate is % because (explain):

Chapter 26.11 RCW (07/2018) FL Visits 488

Final Order and Findings on Petition for Visits

p. 9 of 9

16. Other orders (if any)

Date Judge or Commissioner

Petitioner/s and Respondent/s or their lawyers fill out below.

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

Petitioner signs here or lawyer signs here + WSBA # Respondent signs here or lawyer signs here + WSBA #

Print Name Date Print Name Date

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

Other Petitioner or lawyer signs here + WSBA # Other Respondent or lawyer signs here + WSBA #

Print Name Date Print Name Date

CR 5(b) Optional Form (05/2016) FL All Family 112

Proof of Mailing or Hand Delivery

p. 1 of 2

Superior Court of Washington, County of

In re:

Petitioner/s (person/s who started this case):

And Respondent/s (other party/parties):

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

Proof of Mailing or Hand Delivery

p. 2 of 2

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.

3. 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:

4. Other:

I declare under penalty of perjury under the laws of the state of Washington that the statements on this form are true.

Signed at (city and state): Date:

Signature of server Print or type name of server

Waiver Of Rights Under Servicemembers Civil Relief Act And Admission Of Service - Page 1 of 2

Superior Court of Washington, County of

In re:

Petitioner/s (person/s who started this case):

And Respondent/s (other party/parties):

No.

Waiver of Rights Under Servicemembers’ Civil Relief Act and Admission of Service

(No Mandatory Form Available)

My name is . I am the

respondent/nonrequesting party in the above-entitled action. The Other party has requested a

determination of parentage and related relief, which may include a parenting plan/residential schedule

and/or child support court orders. I am a member or the dependent of a member of the United States

military and I am informed of my rights under the Servicemembers Civil Relief Act of March 4, 1918, as

amended and the Military Servicemembers Civil Relief Act, RCW Ch. 38. 42. I waive my rights under

the Servicemembers Civil Relief Act and the Military Service Members Civil Relief Act, RCW Ch. 38.

42 and I request the court to determine whether to grant the relief requested by the petitioner/requesting

party.

I received a copy of the Summons and Petition to Decide Parentage and Proposed Parenting Plan

or Residential Schedule and Child Support Worksheets (if applicable) and other documents listed in the

Return of Service or Acceptance of Service in this matter on .

Name of Servicemember:

Waiver Of Rights Under Servicemembers Civil Relief Act And Admission Of Service - Page 2 of 2

Rank:

Serial No. :

Unit:

Signed at ___________________________________, on _____________________________.

[Place] [Date]

Signature of Nonrequesting Party

Print or Type Name

SUBSCRIBED AND SWORN to before me this day of ,

.

_____

NOTARY PUBLIC in and for

the state of ____ ,

residing at _____ .

My Commission Expires: .

Notice of Military Dependent – Page 1 of 2

Superior Court of Washington, County of

In re:

Petitioner/s (person/s who started this case):

And Respondent/s (other party/parties):

No.

Notice of Military Dependent

(No Mandatory Form Available)

I declare under penalty of perjury under the laws of the State of Washington that I am the

dependent of a member of the National Guard or a military reserve component under a call to active

service for a period of more than thirty consecutive days. I am filing this Notice to inform the court that I

believe I am entitled to protections under the Servicemembers Civil Relief Acts and that I do not waive

those protections.

I am:

[ ] the servicemember’s spouse

[ ] the servicemember’s minor child

[ ] an individual for whom the service member provided more than one-half of my support for the last

180 days.

I am the dependent of the following servicemember:

Name of Servicemember:

Rank:

Serial No. :

Notice of Military Dependent – Page 2 of 2

Unit:

Signed at _____________, ________________ (city and state) on _____________ (date).

Signature

Print or Type Name

Legal Argument in Support of Response to Petition for Visits | Page 1 of 3

Superior Court of Washington, County of

In re visits with:

Children:

Petitioner/s (person/s who started this case):

Respondent/s ( parent/s, legal custodian and anyone with court-ordered residential time):

No.

Legal Argument in Support of Response to Petition for Visits

Respondent’s Legal Argument in Support of Response to Petition for Visits

Respondent bases this memo on

the record in this case

RCW 26.11

Case law cited below.

Argument: PETITIONER DID NOT REBUT THE PRESUMPTION THAT A FIT

PARENT’S DECISION TO DENY VISITATION IS IN THE BEST INTERESTS OF THE

CHILD AND DOES NOT CREATE SUBSTANTIAL RISK OF HARM.

Petitioner did not rebut the constitutional presumption that a fit parent’s decision

Legal Argument in Support of Response to Petition for Visits | Page 2 of 3

to deny visitation is in the best interests of the child and does not create harm or the

substantial risk of harm. Because this presumption stands, the Court must deny the

petition.

A fit parent has great latitude in deciding whether to allow visitation. Parents have

a “fundamental right to autonomy in child-rearing decisions. In re Custody of Smith, 137

Wash.2d 1, 13 (1998). This “constitutionally protected right . . . has been recognized as

a fundamental ‘liberty’ interest protected by the Fourteenth Amendment.” Id. at 15. The

state cannot interfere with the liberty interest of parents except in extreme

circumstances; in the nonparental custody context, a parent must be unfit or custody

with that parent would result in actual detriment to the child’s development. In re

Custody of E.A.T.W., 168 Wash.2d 335, 338 (2010).

As long as a parent is fit, in that she adequately cares for her children, there will

not normally be a reason for the “State to inject itself into the private realm of the family”

to further question if her decisions are in her children’s best interests. Troxel v.

Granville, 530 U.S. 57, 68-69 (2000). The Due Process Clause prohibits the state from

infringing on this fundamental right of parents simply because a state judge believes a

better decision could be made. Id. at 72-73. With this constitutional background, the

Washington State legislature was careful to create a very high bar when depriving a

parent of this fundamental right in a nonparent child visitation action.

Mirroring the Supreme Court’s language in Troxel, the nonparent child visitation

law creates a presumption that a “fit parent's decision to deny visitation is in the best

interest of the child and does not create a likelihood of harm or a substantial risk of

harm to the child.” RCW 26.11.040(2).To rebut this presumption, Petitioner must prove,

Legal Argument in Support of Response to Petition for Visits | Page 3 of 3

by clear and convincing evidence, that the children would likely suffer harm or the

substantial risk of harm if the court does not grant visitation. RCW 26.11.040(3). Only

after Petitioner clears this very high bar, and rebuts the presumption given to a fit

parent, will the court determine whether Petitioner has proven, by clear and convincing

evidence, that visitation is in the children’s best interests. RCW 26.11.040(4). The best

interests of the children is not a factor until Petitioner provides clear and convincing

evidence that rebuts the fit-parent presumption.

Here, the presumption applies. There are no findings that Respondent is

anything other than a fit parent.

Petitioner has not provided any evidence of harm or the substantial risk of harm if

this Court does not allow visitation. Because the law presumes Respondent’s decision

to deny visitation is in the best interest of the children, it cannot be the basis of a

substantial risk of harm finding. Petitioner must rebut the presumption and provide

evidence, on a clear and convincing standard, that the children will suffer harm or the

substantial risk of harm if Petitioner is not allowed visitation. Petitioner has provided no

such evidence.

Respondent respectfully requests that this Court find in favor of Respondent and dismiss this case.

Respondent 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.

Signed at (city and state): Date:

Respondent signs here Print name

Mandatory Form (05/2016) FL All Family 118

Notice of Appearance (for a party without a lawyer)

p. 1 of 1

Superior Court of Washington, County of

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)

Notice of Appearance

(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.

EVALUATION FORM: How was this 3153EN – YOU HAVE BEEN SERVED WITH PETITION FOR VISITS packet? Your comments are appreciated and will help to make this packet 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 packet?

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: