Filing a Nonparental Custody Action - Web viewIf you do not understand a word used in this packet, ... WPF All Cases 01.0400. If your temporary order includes a restraining order

Filing a Nonparental Custody Action

Filing for Temporary Non-Parent Custody Orders

Forms and Instructions

August 2017

3123EN | August 2017

Table of Contents

Section 1: Introduction and Important Information1

A.What is a Motion for Temporary Non-Parent Custody Order?1

B.Should I Use This Packet?1

C.What if I have questions that this packet does not answer?2

Section 2: How to File Your Motion2

Section 3: What is in This Packet?4

Section 4: What Else Might I Need That is not In This Packet?4

Section 5: Follow These General Instructions before Filling Out the Forms7

Section 6: Filling out Each Form12

A.Motion for Temporary Non-Parent Custody Order - FL Non-Parent 42312

B.Declaration of: FL All Family 13514

C.Residential Schedule16

D.Financial Declaration16

E.Sealed Personal Health Care Records (Cover Sheet) FL All Family 01216

F.Sealed Confidential Reports (Cover Sheet) FL All Family 01317

G.Child Support Worksheets17

H.Child Support Order18

I.Temporary Non-Parent Custody Order - FL Non-Parent 42418

J.Restraining Order FL All Family 15020

K.Order Appointing Guardian Ad Litem for Child FL All Family 14621

L.Order Appointing Parenting Evaluator/Investigator - FL All Family 14822

M.Notice of Hearing23

Section 7: How to File and Serve Your Motion24

A.Filing Your Motion with the Court24

B.Getting Ready to Serve Your Motion25

C.Service or Giving Notice to the Other Party27

D.Instructions for Proof of Mailing or Hand Delivery - FL All Family 11228

Section 8: Getting Ready for and Going to Your Hearing28

A.Working Papers and Confirming Your Hearing28

B.Replying to the Other Parties Responses29

C.Going to the Hearing30

D.Getting an Agreed Temporary Non-Parent Custody Order32

E.If You Disagree with the Courts Order32

Section 9: Blank Forms32

This publication provides general information concerning your rights and responsibilities. It is not a substitute for specific legal advice. This information is current as of August 2017.

2017 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.)

Table of Contents | Page 2

Introduction and Important InformationWhat is a Motion for Temporary Non-Parent Custody Order?

It is one way to ask the court for an order giving you certain rights and/or protections after your case has been filed, but before it is finalized. Either petitioner or respondent may file a motion. The motion can cover issues such as temporary child support, temporary custody, temporary visitation, safety restraints, or custody investigations while the case is pending.

You can only file a Motion for a Temporary Non-Parent Custody Order if a non-parent custody case has already started, or you are filing the Petition for Non-parent Custody at the same time as this motion.

If you are filing a Petition for Non-parent Custody, you may need to schedule the adequate cause hearing before, or at the same time as, your Motion for a Temporary Non-Parent Custody Order hearing.

Should I Use This Packet?

This packet can help you fill out and file the forms and papers you need to file a Motion for a Temporary Non-Parent Custody Order. Before using this packet, you must decide whether to file a Motion for a Temporary Non-Parent Custody Order or Immediate Restraining Orders, or no motion at all.

What is the difference between a Motion for a Temporary Non-Parent Custody Order and Motion for Immediate Restraining Orders?

A Motion for a Temporary Non-Parent Custody Order does not ask the court to enter any emergency order before the show cause/Temporary Non-Parent Custody Order hearing.

A Motion for Immediate Restraining Orders (in the packet Filing a Motion for Immediate Restraining Orders: Non-Parent Custody Cases) asks for a hearing for a Temporary Non-Parent Custody Order and immediate (ex parte) restraining orders. If the court approves, it may issue the Immediate Restraining Order without notice or after only a few hours notice to the other parties.[footnoteRef:1] [1: Ex parte means only one party goes to the judge to ask for an order. The other parties do not get notice, or get only very short notice that the party is requesting the order. You can request only a few kinds of orders ex parte. A judge signs most other kinds of orders only after all parties get notice and all parties have the chance to come to a hearing to say whether they agree with the order being requested.

]

You should ask for an immediate restraining order only if you cannot wait one to three weeks for a hearing to get help from the court. Example: Another party is harassing or harming you, has harmed the child/ren or is a danger to them, or has threatened to take the child/ren and this would harm the child/ren. The court usually does not want to enter any order before the other parties have a chance to get ready for a hearing on a motion and tell their sides of the story. You should file a motion for immediate restraining orders only if there is an emergency or urgent reason why you need the judge to enter an order before you can have a temporary orders hearing.

Survivors of Domestic Violence or Unlawful Harassment: If another party has a history of physically harming you or the children, or has threatened to do so, and you have had a dating, roommate, marital, or family relationship with that party, or you are a victim of unlawful civil harassment by the other party, think about filing a petition for an Order for Protection for immediate protection. Protections Orders offer strong safety restraints. The forms are available from the court clerk or your local domestic violence program, or call the 24-hour domestic violence hotline at 1-800-562-6025. For general information, see our publication Domestic Violence: Can the Legal System Help Protect Me? Note: the petitioner in the protection order forms is always the protected person, even if s/he is the respondent in the non-parent custody case.

Filing for Temporary Non-Parent Custody Orders |Page 11

You will see footnotes in this packet. They tell you the law or court case supporting the footnoted statement, or give special tips, links to websites, or other information. Use the legal references in the footnotes to look up the law at your local law library, or to tell the court when you are trying to make a legal argument. CR is the Civil Rules of Washington. GR stands for General Rules. RCW stands for Revised Code of Washington, the law of Washington State. Court cases have names, such as In re Custody of Child. The references to the law are up to date as of the date we published this packet. The law sometimes changes before we can update the packet.

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

Talk to a lawyer familiar with family law before filing anything with the court. Many counties have family law facilitators who can help you fill out forms or free legal clinics where you may get legal advice about your case.

Do you live in King County? Call 211. 211 is open Monday through Friday between 8:00 a.m. and 6:00 p.m. From a pay/public phone, call 1-800-621-4636. 211 will identify and refer you to the appropriate legal aid provider.

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

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

How to File Your Motion

Here are the steps to follow in filing your motion. Use this checklist as you go through your case. We explain many of the steps in more detail later in this packet.

1. Check for special local rules and forms. Ask your county court clerk or family law facilitator if your county has its own Motion for Temporary Orders packet. If so, use theirs instead of ours. If you use our packet, get any other forms you will need. Make sure you know any special deadlines for filing family law motions in the county where your family law case was filed. Look back at the list of local practice issues in the main filing or responding packet you are using.[footnoteRef:2] [2: If you do not already have Filing a Petition for Non-Parent Custody or Responding to a Petition for Non-Parent Custody, click these links, call CLEAR at 1-888-201-1014, or visit www.washingtonlawhelp.org.]

The court must:

*check the judicial information system and databases to identify any information relevant to placing the child before entering a permanent or modified parenting plan

*in cases where a limiting factor such as domestic violence or child abuse is claimed, have both parties screened to determine whether a comprehensive assessment is appropriate to determine the effect of the limiting factor on the child and the parties

Ask your court clerk or family law facilitator about procedures your court is using. You may need to use local forms and procedures not in this packet.

2. Gather Your Evidence and other Forms or Packets You Need. If possible, get the evidence you will need now, for use while completing your forms. Think carefully about whether there is information that will help show what you are telling the court is correct or what the other party is telling the court is not true. Examples:

a) Declarations of Witnesses Declarations (sworn written statements) by you and other people who have personal knowledge about you, the other parties, or the children.

b) Records bills, records of past criminal convictions, medi