Filing for Temporary Family Law Orders: Divorce Cases and Petition to Change Parenting Plan Cases

Transcription

1 3217EN Rev. 5/2016 Filing for Temporary Family Law Orders: Divorce Cases and Petition to Change Parenting Plan Cases Instructions and Forms May 2016

2 3217EN Rev. 5/2016 Table of Contents Section 1: Introduction and Important Information... 1 A. What is a Motion for Temporary Family Law Orders?... 1 B. Should I use this packet?... 1 C. What if the other party is in the military or the dependent of someone in the military?... 2 D. What if I have questions that this packet does not answer?... 2 Section 2: How to File Your Motion... 3 Section 3: What is in This Packet?... 5 Section 4: What Else Will I need that is not in This Packet?... 5 Section 5: Follow These General Instructions before Filling out any Forms... 7 Section 6: Checklists of Forms According to Your Specific Needs Section 7: Filling out Each Form A. Motion for Temporary Family Law Order - FL Divorce B. Declaration of: FL All Family C. Financial Declaration of: FL All Family D. Sealed Financial Source Documents (Cover Sheet) FL All Family E. Sealed Personal Health Care Records (Cover Sheet) FL All Family F. Sealed Confidential Reports (Cover Sheet) FL All Family G. Temporary Family Law Order FL Divorce H. Restraining Order FL All Family I. Order Appointing Guardian Ad Litem for a Child FL All Family J. Order Appointing Parenting Evaluator/Investigator - FL All Family K. Notice of Hearing FL All Family Section 8: How to File and Serve Papers A. Filing your Motion with the Court B. Getting Ready to Serve Your Motion C. Service or Giving Notice to the Other Party Section 9: Getting Ready for and Going to Your Hearing A. Working Papers and Confirming Your Hearing B. Replying to the Other Party s Response C. Going to the Hearing D. Getting an Agreed Temporary Family Law Order Table of Contents Page - 1

3 3217EN Rev. 5/2016 E. If You Disagree with the Court s Order Section 10: Blank Forms 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 May Northwest Justice Project (Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for noncommercial use only.) Table of Contents Page - 2

4 3217EN Rev. 5/2016 Section 1: Introduction and Important Information A. What is a Motion for Temporary Family Law Orders? It asks for a court order giving you certain rights and/or protections after your family law case has started, but before it is finalized. Either petitioner or respondent may file such a motion. Motions for Temporary Family Law Orders can include orders related to issues including finances, property, maintenance (alimony), safety, child support, parenting plans, and Guardians ad Litem. State law about marriage and divorce also applies to marriages between samesex couples. The Legal Voice s publication called Marriage for Same-Sex Couples in Washington has more information. See You cannot file a Motion for Temporary Family Law Orders unless you have a family law case that has already started, or you are filing a family law case at the same time you are filing this motion. Example: You are married and you want a Motion for Temporary Family Law Orders. You must have a divorce or legal separation case that has already started (or you must file one along with this motion). If you are filing a Petition to Change Parenting Plan, Residential Schedule or Custody Order, you may need to schedule your Adequate Cause hearing before, or at the same time as, your Motion for Temporary Family Law Orders hearing. Read our packet Filing a Petition to Change a Parenting Plan, Residential Schedule or Custody Order. B. Should I use this packet? This packet should help you fill out and file the forms and papers to complete a Motion for Temporary Family Law Orders when your divorce is not yet final, or after your divorce is final and you or the other party files a petition to modify an existing parenting plan or custody order. Before using this packet, decide whether to file a Motion for Temporary Family Law Orders or for Immediate Restraining Orders, or, in some cases, no motion at all. For help deciding which type of motion you need, talk with a lawyer, or read our publication called Ending Your Marriage in Washington - The Basics to help you decide whether to file a Motion for Temporary Family Law Orders in your divorce. If either party is in the military: our publication called Military Service and Parenting Plan Modifications: Your Rights in Washington State explains additional rights the service member has in Petition to Change Parenting Plan cases. Filing for Temporary Family Law Orders Page - 1

5 3217EN Rev. 5/2016 You will see footnotes in this packet. They tell the law or court case supporting the footnoted statement, or give special tips, links to websites, or other information. Use 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. Survivors of Domestic Violence or Unlawful Harassment: If someone 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 them, or you are a victim of unlawful civil harassment by the other party, you may file a petition for an Order for Protection for immediate protection. Orders for Protection offer strong safety restraints. Protection order forms are available from the court clerk, from your local domestic violence program, or call the 24-hour domestic violence hotline at Our publication Domestic Violence: Can the Legal System Help Protect Me? has general information. The petitioner in the protection order forms is always the protected person, even if s/he is the respondent in the Divorce. C. What if the other party is in the military or the dependent of someone in the military? If the other party is a military member on active duty, 1 or the dependent 2 of someone who is, talk to a lawyer before filing your motion. Special rules for members of the military and certain dependents may limit the court s ability to make any orders adversely affecting the rights of the service member or his/her protected dependent. D. What if I have questions that this packet does not answer? Talk to a lawyer familiar with family law before filing anything with the court. Many counties have family law facilitators who can help you fill out forms or free legal clinics where you may get legal advice about your case. 1 Service members who are protected by the federal Service Members Civil Relief Act, 50 U.S.C. App. Sections 501 et seq. include all members on Federal active duty, including regular members of the Armed Forces (Army, Navy, Air Force, Marine Corps and Coast Guard); Reserve, National Guard and Air National Guard personnel who have been activated and are on Federal active duty (whether as volunteers or as a result of involuntary activation); inductees serving with the armed forces; Public Health Service and National Oceanic and Atmospheric Administration Officers detailed for duty with the armed forces; persons who are training or studying under the supervision of the United States preliminary to induction; and National Guard and Air National Guard personnel on duty for training or other duty authorized by 32 U.S.C. 502(f) at the request of the President, for or in support of an operation during a war or national emergency declared by the President or Congress. U.S. Coast Guard Legal Assistance Service Members Civil Relief Act Guide at For Washington State s Service Members Civil Relief Act, see RCW et seq. Filing for Temporary Family Law Orders Page - 2

6 3217EN Rev. 5/2016 Do you live in King County? Call is open Monday through Friday between 8:00 a.m. and 6:00 p.m. From a pay/public phone, call will identify and refer you to the appropriate legal aid provider. Apply online with CLEAR*Online - Call the CLEAR Legal Hotline at Section 2: How to File Your Motion Use this section as a 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 Family Law 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 and responding packet you are using. 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 local court clerk or family law facilitator about procedures your court is using under this law. You may need to use local forms and procedures not in this packet. 2. Gather Your Evidence and other Forms or Packets that You Need. If possible, get the evidence you will need now, for use when filling out 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 include: o Declarations of Witnesses Declarations (sworn written statements) by you and from other people who have personal knowledge about you or the other parties or the children. o Records bills, records of past criminal convictions, medical or mental health treatment, grades and other school records, and daycare records are among the types of official records to include. o Photos if they help prove or disprove one of the issues in the case. o Financial Information if financial issues are included, get evidence of your income and assets, and perhaps evidence of the other party s income and assets. Examples: paystubs, federal income tax returns, official letters from Social Security, L&I, Employment Security or DSHS saying how much you Filing for Temporary Family Law Orders Page - 3

7 3217EN Rev. 5/2016 receive in benefits, bank account statements, and business records, or 1099 forms. 3. Follow the General Instructions and fill out the captions of all of the forms. 4. Fill Out the Forms you are Using from this and Other Packets. 5. Make the Needed Copies of Each of the Completed Forms and other documents that you are filing with the court. 6. File Your Papers with the Superior Court Clerk s Office in the Courthouse where your family law case was filed. 7. Arrange to Deliver the Papers to the Other Parties. Have your server fill out the correct proof of service form (Proof of Mailing or Hand Delivery if the motion was served after the Summons and Petition have been served, or Proof of Personal Service if the Motion was served with the Summons and Petition). 8. Deliver a Set of Working Papers 2 to the Judge, if Needed. 9. File Proof of Service with the court. 10. Review the Other Party s Response. 11. Confirm Your Show Cause/Temporary Family Law Orders Hearing, If Needed. 12. Complete and File your Reply (if your county allows one) OR Prepare to Reply at the Hearing. 13. Go to Your Show Cause/Temporary Family Law Orders Hearing. 14. Get Copies of the Temporary Family Law Orders and provide copies to the other parties. If the Temporary Family Law Order includes a restraining order, you are the protected party, and the order shows that the restrained party did not appear in court for the hearing or sign the order, arrange to have the order served on the restrained party. Have your server complete a Proof of Personal Service form. File the Proof of Personal Service form with the clerk. Deliver a copy of the Proof of Personal Service to the law enforcement agency named in the order. 15. If you Disagree with the Judge s Decision, Talk to a Lawyer Right Away. You might want to file a Motion for Revision. If you and the other party reach agreement on all Temporary Family Law Orders issues, see the section on Agreed orders. 2 If you do not understand a word used in this packet, see the Words and Expressions You Should know section in the Filing or Responding packet you are using. Filing for Temporary Family Law Orders Page - 4

8 3217EN Rev. 5/2016 Section 3: What is in This Packet? Read the next section to decide what other forms and packets you will need for your motion. Here is a list of the blank forms in this packet: Form Title Form Number Motion for Temporary Family Law Order FL Divorce 223 Declaration of: FL All Family 135 Financial Declaration FL All Family 131 Sealed Financial Source Documents Form (Cover FL All Family 011 Sheet) Sealed Personal Health Care Records (Cover Sheet) FL All Family 012 Sealed Confidential Reports (Cover Sheet) FL All Family 013 Temporary Family Law Order FL Divorce 224 Restraining Order FL All Family 150 Order Appointing Guardian Ad Litem for Child FL All Family 146 Order Appointing Parenting Evaluator/Investigator FL All Family 148 Notice of Hearing FL All Family 185 Proof of Mailing or Hand Delivery FL All Family 112 Section 4: What Else Will I need that is not in This Packet? It depends on the facts of your case. Read the following list. Check off the boxes next to the other packets/documents you need. Get those documents or packets before filling out your forms. Download our other packets at before filing your forms for this packet. Parenting Plans - Where children are involved in your case, and you want to ask the court to enter a Temporary Family Law Order about custody and visitation (a parenting plan), get this packet. Child Support Orders for Divorce Cases and Petition to Change Parenting Plan Cases Get this packet if a party is asking for child support. Filing, Responding, and Finalizing a Petition for Divorce, or Filing, Responding to, and Finalizing a Petition to Change a Parenting Plan, Residential Schedule, or Custody Order. We have packets to start, respond to, and finalize these types of cases. One of these types of cases must be started before or at the same time as a motion for Temporary Family Law Orders is made. If you are trying to change your parenting plan, you probably should schedule an adequate cause hearing to be heard before or on the same day as the hearing on your motion for Temporary Family Law Orders. Get the Filing a Petition to Change Your Parenting Plan, Residential Schedule, or Custody Order packet for that. Filing for Temporary Family Law Orders Page - 5

9 3217EN Rev. 5/2016 Law Enforcement Information Sheet (LEIS). WPF All Cases If your Temporary Family Law Order includes a restraining order and you are the protected party, you will need this form when you file the signed order. Do not serve this form on the other parties. Get it at or from the court clerk. Proof of Personal Service Form, FL All Family 101. If your temporary family law order includes a safety restraining order, you are the protected party, and the restrained party was not in court when the judge entered the order and did not sign the order, you must have the restrained party served with a certified copy of the order after the judge signs it. Law enforcement will not enforce the restraining or protection order until they get proof that the order was served on the restrained party. The Proof of Personal Service form shows the court and law enforcement the restrained party was served. Get the form at Our How to Serve the Opposing Party in a Family Law Case packet also has the form and instructions. Declaration about Public Assistance: FL All Family 132. This is not in our packets. It is optional. Our instructions tell you to serve the State in any case where TANF, Medicaid, or foster care is involved. We instruct you to get the State s signature on all default and agreed orders where the State might have an interest in the child support obligation in your case. You may need the form if your county requires it or you must verify that no public assistance has been paid or that the children are not in foster care or out-of-home placement. Get it at the Administrator of the Courts website: Serving Papers on the State - If any party is asking for an order regarding child support, and any of the children has gotten public assistance (TANF), or medical coupons/medicaid or is in foster care or out-of-home placement, get this packet. Include the state as a party. Serve them with papers you file. Getting a Court Order for the Surrender of Weapons: Family Law Cases If your motion asks the judge to order the other party to turn in firearms or other weapons. Note for Motion Docket and other Local County Court Forms and Rules. Many counties have their own special Note for Motion Docket form (also called Notice of Hearing or Calendar Note). If your county has a special Note for Motion Docket, use it to file this motion. Some counties have other special forms that you will need that are not in this packet. Most will have special local rules you will need to know about to file your motion. Check with the Court Clerk s office or Family Law Facilitator in your county for more information. Some counties have forms and local rules available online. Check whether yours are: Financial Information. If you are filing a motion about child support, maintenance, attorney s fees or any financial issues, in general you will need: Your federal income tax returns from the last two years. Filing for Temporary Family Law Orders Page - 6

10 3217EN Rev. 5/2016 If you have no copies of your income tax returns, ask the IRS for copies. (There is a fee.) Your local IRS office has the request form. Or ask your local IRS office for a computer printout of your income tax returns. These are not as good as copies, but are better than not having your tax returns. Your local IRS office has more information. If you did not file income tax returns, explain that in your declaration. Give the court other papers verifying your income. Your pay stubs. (Provide stubs for at least a month. You should give the last six months of pay stubs or back to January first, whichever is longer.) If you get some type of benefits, official letters from Social Security, L&I, Employment Security, or DSHS showing how much you get in benefits. If you are self-employed, or you have no pay stubs or tax returns, get papers that prove what your income is. Examples: o Bank account statements and check registers o Business tax returns or records, or 1099 forms Any other information needed to support your request for financial relief (examples: the other party s income tax returns or pay stubs, bank account statements, copies of bills, and so on). In some counties, you may need to provide more financial information under local court rules. Ask your court clerk s office, or Family Law Facilitator if there is one, if your county requires more information. Notice of Address Change (FL All Family 120): Use this form if you move during or after your case. Fill it out, file it with the court, and get all other parties a copy. Section 5: Follow These General Instructions before Filling out any Forms These general instructions will apply to all the forms you fill out. The instructions cover all types of family law cases. You may not use some of the information. A Sample form at the end of this section may help you understand these instructions better. The caption. The caption includes the name of your case, the case number, the name of the court, the title of the court paper, and, sometimes, the type of case. It appears at the top of the first page of every form. Put the name of the county the case is filed in the blank space where the form reads "Superior Court of Washington County of." Case name. Copy the case name from the petition. Case number. When the petitioner first files the papers to start the case and pays the filing fee (or has the fee waived), the court clerk assigns a case number. All parties must put that case number on every paper they file with the court and serve on the other parties during the case. Put the case number near the top on the right hand section of the first page of every form after "No." (abbreviation for number ) When the petitioner first files the case, s/he may be able to use a special stamp at the court clerk s counter to stamp the case number on each paper. You may write or stamp the case number. If you are filing a Filing for Temporary Family Law Orders Page - 7

11 3217EN Rev. 5/2016 modification/adjustment case in the same court that entered the order you are asking to modify/adjust, use the case number on that order. You must write or stamp the case number on the first page of every copy of every paper you file with the court and on the copies you make for other parties. If you do not, your papers may be lost, or the clerk may return them to you. Some courts will fine you for filing incorrect forms. Title. Each form has a title. The title is on the right-hand side of the form under the case number. Sometimes the full title is on the form. Sometimes you must add more information to finish it. (Example: on a declaration, you put the name of the person filling out the declaration.) Format: Pleadings (legal forms) that you file with the court and attachments to those pleadings must follow the court rules about size and margins (GR 14(a)). You must use regular size (8 ½ x 11 ) white paper. You may write on only one side of the paper. The first page of each paper that you file must have a threeinch margin (three inches of space) at the top. The other margins (left, right and bottom, and the top from the second page on) must be at least one-inch wide. Use black or dark blue ink. If your forms do not follow these rules, the court clerk may refuse to file them or may make you pay a fine. The contents. Fill out each form according to the instructions for that form. In most counties, you may print or type the information, but it must be readable and you must use BLACK OR DARK BLUE INK. A few counties require you to type all documents. After filling out each form, re-read it. Make sure you have correctly filled in all the 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. On the last page of most forms (not including orders), there is a space for the person who fills out a form to put the date that the form is signed. The judge will fill I n dates in orders when s/he signs the order. Signatures. Your Signature: After you fill out a form, look for the place(s) to sign your name: Some forms have one signature line for petitioner or respondent. After you fill out a form such as the petition, sign at the place that applies to you. Look carefully. You may have to sign in more than one place. You may have to put the date and the place (city, state) you signed the form. When you prepare and file motions, you are the moving party. After you prepare a motion, look for each place marked person making this motion (or asking for this order) fills out below. When you prepare an order and plan to present it for the judge to sign, look for the place at the end for your signature. Check is presented by me. Filing for Temporary Family Law Orders Page - 8

12 3217EN Rev. 5/2016 Judge s Signature: Leave the judge s signature line and the date blank. Other party s signature: Some forms have a place for other parties to sign. You cannot force another party to sign a court paper. S/he can choose (not) to sign. If you have prepared an order after a hearing, the other party may be willing to sign it if s/he agrees 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. o Agreed orders. If the other party agrees with the orders you have written, s/he should sign in the right place on each court order s/he agrees 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 this box and sign underneath. If you do, you are agreeing the judge should sign the order as written AND the other party can give the order to the judge to sign without letting you know when they are going to do it. Other signatures: If someone else (a witness or the person serving papers) must sign a form, they must fill out all information correctly and sign in the right space. Identifying Information. Court rules try to protect privacy but also allow for public access to some information in court files. The three boxes discuss these rules: GR 15, GR 22 and GR 31. Box #1 - Things to Not Put in Most Court Papers: Court General Rules 22 & 31 try to protect privacy in family law cases. Almost all pleadings, orders and other papers filed with the court are available to the public. They may also be available to the public online. Except where instructions about a specific form tell you otherwise (example: the forms in Box #3), use these rules for papers you file with the court. Address (Where you Live) and Phone Number: You must put an address where you can get mail from the court. (It does not have to be your home address.) You should also give the court a phone number where they can reach you. Social Security/Driver s License, ID Numbers of Adults and Children: If you put these in court papers, put only the last four digits, not the whole number. Bank Account, Credit Card Numbers: Put the bank name, type of account (savings, checking, and so on), and only the last four digits of the account number. Filing for Temporary Family Law Orders Page - 9

13 3217EN Rev. 5/2016 Box #2 - Private Information You Should File With Sealed Cover Sheets: If you use a sealed cover sheet, this information is usually available to the other party and the court. It is not available to the public. Financial Information: If you file paystubs, checks, loan applications, tax returns, credit card statements, check registers, W-2 forms, bank statements, or retirement plan orders, attach them to a Sealed Financial Source Documents form. Then the public cannot access them. Medical or Mental Health Records or Information: If you file papers that have health or mental health information (information about someone s past, present, or future physical or mental health, including insurance or payment records), you must attach the papers to a Sealed Personal Health Care Records form. Then the public cannot access them. Confidential Reports: Reports intended for court use must have a public section and a private section. You should attach the private section of the report to a Sealed Confidential Reports Cover Sheet. Retirement Plan Orders: Certain retirement information belongs in the public file. Retirement Plan Orders do not. Use the Sealed Financial Source Documents Cover Sheet for the Retirement Plan Order. See GR 22, or see a lawyer if this affects your case. Other Kinds of Confidential or Embarrassing Information Not Mentioned Above. If the paper you want kept confidential is not in the above list, you may need to file a motion with the court to asking to have that paper, or part of it, sealed under General Rule (GR) 15. There is no packet for this. There are presently no mandatory forms for this type of motion. Talk to a lawyer. Box #3 - When to Put Private Information in Court Forms: These forms are not in the public file. Information in them is usually not available to the other party. You must fill out your personal information completely (including your home address, social security number, and so on): Confidential Information Form, Vital Statistics Form, Domestic Violence Information Form, and Law Enforcement Information Sheet. Filing for Temporary Family Law Orders Page - 10

14 3217EN Rev. 5/2016 This case type is for a divorce. Yours may be different. Put the county where you are filing this form. Superior Court of Washington, County of In re the marriage of: Petitioner (person who started this case): No. Put the case number. The court clerk assigns this number when the Petitioner files the case. Jane Brown And Respondent (other spouse): John Brown Notice of Hearing (NTHG) Clerk s action required: 1 This is the form s title. To the Court Clerk and all parties: Sample Form - Notice of Hearing 1. A court hearing has been scheduled: for: May 15, 2016 at: 9:30 a.m. p.m. date time at: 1234 Maple Street in 15 court s address room or department Judge Anne Smith docket / calendar or judge / commissioner s name 2. The purpose of this hearing is (specify):temporary Family Law Orders regarding a parenting plan and child support. Warning! If you do not go to the hearing, the court may sign orders without hearing your side. This hearing was requested by: Petitioner or his/her lawyer Respondent or his/her lawyer Jane Brown Jane Brown 5/1/16 Person asking for this hearing signs here Print name (if lawyer, also list WSBA No.) Date I agree to accept legal papers for this case at: This does not have to be your home address. If this address 5252 A Street changes before the case ends, you must notify all parties and address the court clerk in writing. You may use the Notice of Address Treelane WA Change form (FL All Family 120). A party must also update city state zip his/her Confidential Information form (FL All Family 001) if this case involves parentage or child support. (Optional) jbrown@ .com Filing for Temporary Family Law Orders Page - 11

15 3217EN Rev. 5/2016 Section 6: Checklists of Forms According to Your Specific Needs List A: If you want to file a Motion for Temporary Family Law Orders with No Children: Notice of Hearing use your local form if there is one Motion for Temporary Family Law Order Declaration(s) Proposed Temporary Family Law Order Any locally required forms LEIS (LEIS) if you asked for safety restraints (this form is not served on the other party. Get it at the court clerk s office when the judge signs your Temporary Family Law Order) Proof of Mailing or Hand Delivery(or, if the Motion was served with the Summons and Petition, make sure the Proof of Personal Service form lists the motion papers) If you are asking for Financial Relief, also include: Financial Declaration Sealed Financial Source Documents Form Financial Documents List B: If you want to file a Motion for Temporary Family Law Orders with Children: Notice of Hearing use your local form if there is one Motion for Temporary Family Law Order Declaration(s) Proposed Temporary Family Law Order Any locally required forms Restraining Order if you want this Order to Surrender Weapons if you want this Law Enforcement Information Sheet (LEIS) if you asked for safety restraints (this form is not served on the other party. Get it at the court clerk s office when the judge signs your Temporary Family Law Order) Proof of Mailing or Hand Delivery (or, if the Motion was served with the Summons and Petition, make sure the Proof of Personal Service form lists the motion papers) Filing for Temporary Family Law Orders Page - 12

16 3217EN Rev. 5/2016 If you are asking for a Temporary Parenting Plan or custody order, also include: (these forms are in the packet Parenting Plans) Proposed Temporary Parenting Plan Information for Temporary Parenting Plan If you are asking for a Guardian ad Litem (GAL), also include: Order Appointing Guardian ad Litem on Behalf of Minor If you are asking for financial relief or child support, also include: (these forms are located in the packet Child Support Orders for Divorce Cases and Petition to Change Parenting Plan Cases) Financial Declaration (if asking for child support or financial relief) Sealed Financial Source Documents Form Financial Documents If you are asking for child support, also include: (these forms are located in the packet Child Support Orders for Divorce Cases and Petition to Change Parenting Plan Cases) Child Support Worksheets Proposed Temporary Child Support Order & Child Support Summary Report List C: If you want to have your Motion for Temporary Family Law Orders and Adequate Cause Hearing on the Same Day (Petition to Change Parenting Plan Cases only. The Adequate Cause papers are in those packets): Notice of Hearing use your local form, if there is one Motion for Temporary Family Law Order Declaration(s) Motion for Adequate Cause Decision Proposed Order on Adequate Cause Proposed Temporary Family Law Order Any locally required forms Restraining Order if you want this Order to Surrender Weapons if you want this Law Enforcement Information Sheet (LEIS) if you asked for safety restraints (this form is not served on the other party. Get it at the court clerk s office when Filing for Temporary Family Law Orders Page - 13

17 3217EN Rev. 5/2016 the judge signs your Temporary Family Law Order) Proof of Mailing or Hand Delivery (or, if the Motion was served with the Summons and Petition, make sure the Proof of Personal Service form lists the motion papers) If you are asking for a Temporary Parenting Plan or custody order, also include: (these forms are located in the packet Parenting Plans) Proposed Temporary Parenting Plan Information for Temporary Parenting Plan If you are asking for a Guardian ad Litem (GAL), also include: Order Appointing Guardian ad Litem for a Child If you are asking for financial relief or child support, also include: Financial Declaration (if asking for child support or financial relief) Sealed Financial Source Documents Form Financial Documents If you are asking for child support, also include: (these forms are in the Parenting Plans packet) Child Support Worksheets Proposed Temporary Child Support Order & Child Support Summary Report List D: If you are filing confidential information, use one or more of the following sealed records cover sheets: Sealed Financial Source Documents Form Sealed Personal Health Care Records (Cover Sheet) Sealed Confidential Reports (Cover Sheet) List E: After the judge signs your orders, if they have no safety restraints, use the following to show proof the order was delivered to the other party: Proof of Mailing or Hand Delivery (if there is no safety restraining order, or the party to be restrained signed the Temporary Family Law Order or was present in court when the judge signed it). This form is in this packet. List F: If the court enters your Temporary Family Law Orders containing safety restraints against the other party, use: Filing for Temporary Family Law Orders Page - 14

18 3217EN Rev. 5/2016 Law Enforcement Information Sheet (LEIS). Get this form at the court clerk s office. Do not have it served on the other party. Proof of Personal Service form (if the judge signed the order you presented and the restrained party was not present in court and did not sign the Temporary Family Law Order). Get this form (FL All Family 101) from the Administrator of the Courts website: Instructions for personal service and the Proof of Personal Service are in our How to Serve the Opposing Party in a Family Law Case packet. Filing for Temporary Family Law Orders Page - 15

19 3217EN Rev. 5/2016 Section 7: Filling out Each Form A. Motion for Temporary Family Law Order - FL Divorce 223 The Motion has many different requests. Mark an X in each box that is next to a sentence describing things you want the court to do. If you check a box on the far left of your motion paper, you must check the appropriate boxes or fill out the blanks that are also in that paragraph. Caption. Fill out the caption. Check and restraining order if you are asking for any restraining orders in section Put your name. 2. Children. Check the first box and skip to 3 if there are no children you want this order to cover. Otherwise, check the second box. In the table, put the children s info. 3. Active military duty. 3 Check the first box and skip to 4 if this does not apply to the other party. Check the second box if the other party is on active duty in the military, 4 or the dependent (usually minor child or spouse) of someone on active duty, or someone who got over half of his/her support in the last six months from the service member, and might not be at the hearing because of this. Then check the box immediately underneath that if you believe the court must grant the things you are asking for before the other party can return. Explain why in the blank. 4. Care of children: Check the first box and skip to 5 if you do not want this order to cover the children. Otherwise, check the box/es showing what you want. If you have children together, you must check the boxes asking the court to enter a parenting plan and, if you do not already have an order (such as an administrative order from DCS), set child support. Our packets called Parenting Plans and Child Support Orders for Divorce Cases and Petition to Change Parenting Plan Cases have the forms and instructions. If you think the children may not be safe with the other parent (examples: due to domestic violence, alcohol or drug abuse, or abuse of the children), check the fourth box for a guardian ad litem (GAL). Our publications Guardian ad Litems in Family Law Cases and How to Work with GALs and Parenting Evaluators have more information. 5. Provide support. Check the box/es showing what you want. 3 The main Filing or Responding packet you are using has information on protected service members and dependents. 4 This includes National Guard, Coast Guard, Reserves as well as Army, and so on. Filing for Temporary Family Law Orders Page - 16

20 3217EN Rev. 5/ Family home. Whether you own or rent your home, you may ask the court to order that one of you can stay there and one must leave. Check the box/es showing what you want. If you check move out, put the date you want the other party out by. 7. Use of property. Check the box/es showing what you want. Fill out any blanks as appropriate. 8. Protect property. Check the first box and skip to 9 if you do not want a court order protecting your property. Otherwise, check the second box. Check the box showing whether you want this part of the order to apply to one or both parties. 9. Household expenses. Check the box/es showing who you want the court to order to pay any of these expenses. 10. Divide debts. Check the first box and skip to 11 if you do not want an order about debts together. Check the second box if you want the court to divide the debts you have together. Check the first box directly underneath that if you want the court to divide your debt according to what is in each party s name. Check the second box immediately underneath if you have other, specific ideas about who should pay which debt. Fill out the table to show what you want. 11. Do not change insurance. Check the first box and skip to 12 if you do not want the court to make any orders about insurance coverage. Otherwise, check the second box if you want the court to order one or both of you to keep your insurance the same. Then check the box showing whether you want this to apply to just the other party or to both of you. Fill out the table to show who you want to pay which premium. 12. Pay fees and costs. Check the first box and skip to 13 if you do not want the court to order the payment of fees and costs. Otherwise, check the second box. Check the box/es immediately underneath and fill out the blanks showing what you want. 13. Restraining order. Check the first box and skip to 14 if you do not want a restraining order. Check the second box if you already have a restraining order in this case. Put the date the court issued that order. Check the first box immediately underneath if you want that order to stay the same. Check the second box immediately underneath if you want the court to end that restraining order. Check the third box immediately underneath if you want the court to change your restraining order. In the blank, explain how you want it changed. Check the third box if you want a restraining order. Then check the boxes underneath showing what you want the restraining order to say: Check do not disturb to stop the other party from bothering or harassing you or any children (called disturbing the peace ). Stay away. If you check the first box immediately underneath, a common number of feet to put is 500 (about the length of a football field). Filing for Temporary Family Law Orders Page - 17

21 3217EN Rev. 5/2016 Do not hurt or threaten. Check this if you want the court to order the other party not to molest, 5 harass, stalk, assault, or threaten to hurt you and/or the children. Prohibit weapons. Check the box next to police chief or sheriff. If you want a restraining order, you must also fill out a proposed Retraining Order, FL All Family 150 (in this packet). If you want an Order Surrendering Weapons, get our Getting an Order to Surrender Weapons: Family Law Cases packet. 14. Other temporary orders: Most people will not put anything here. 15. Why are you asking the court for the orders you checked above? Describe, in your own words, why you want these Temporary Family Law Orders. Put the important points you want the judge to know showing why you have made these requests. Example: You want the judge to order the other party to give up their weapons and/or their concealed weapon license. Explain why. Show why allowing the other party to keep the weapons would be dangerous for you or the children. If this section does not have enough room, put See my Declaration submitted with this motion, separately. Then use the Declaration of Witness form. Read the instructions for that form to learn how to fill out the Declaration of Witness form, and how using that form could help you explain your side of the story to the judge. (Your total pages must not go over your court s page limits for motions. Any pages you attach must meet the format rules for pleadings. The General Instructions section has a summary of the format rules.) If you include personal health records or financial information or confidential reports, follow the instructions in this packet for sealed cover sheets to protect the information from the public file. Person asking for this order fills out below: Date the form and sign where it says to. Print or type your name in the next blank. Check the second box. Put your name and address. If you do not want the other party to know where you live, put a P.O. box number if you have one, or put the address of a friend or relative you trust to tell you immediately if you receive any legal papers. B. Declaration of: FL All Family 135 At your hearing, you and the other party each will probably only have ten minutes or less to speak. The judge usually will not let you testify about facts in your case. You must explain in the forms you file with the court why you need these orders. The judge decides whether to grant your orders based mainly on the written information you have given him/her. You must also include all your evidence in support of your motion with the motion papers so 5 The term molesting can be confusing. If you check this box, you are not accusing the other party of sexually molesting you or the children. You are asking the court to order the other person not to bother you or the children. Filing for Temporary Family Law Orders Page - 18

22 3217EN Rev. 5/2016 the other party has a chance to read your papers before the hearing and write a response to the judge. The best way to get evidence to the court and other party is by using Declarations. A declaration is a statement, sworn to be true, by someone with direct knowledge about the issues in your case. Declarations are important in custody cases. They give the court detailed information about the issues. You or your witnesses can tell the court what has happened what you have done what you/they have observed that relates to the case You can also attach documents, such as police reports, to prove your case. (See the General Instructions section for a summary). Call the papers that you attach to your declaration Exhibits and either number them (1, 2, 3) or letter them (A, B, C). If the person writing the declaration refers to private health or financial information in a declaration or wants to include it with the declaration, do not attach the exhibit directly. Follow the procedures for sealed cover sheets, described in the General Instructions and below. You should also write out your own declaration on a Declaration of Witness form to give more information about why the court should approve your other Temporary Family Law Orders. Start by explaining why you need to ask the court to enter an order before the other party has a chance to respond. Put your most important points first. You should also try to get Declarations from relatives, friends, teachers, counselors, or other people who have directly seen, heard or otherwise witnessed important events that affect your situation. By presenting a declaration from a witness, you may be giving up the right to keep confidential other information that witness may have about you or the child/ren. 1. Some brief rules about witness Declarations Put the most important points first. Less important points should come later. Base the statement on the writer s own personal knowledge (what s/he saw or experienced firsthand), not what someone else told the writer. Exception: the writer may talk about what a party has said. The writer should explain how well s/he knows you or the people s/he is writing about, how often s/he sees the people, and in what situations. Example: Mr. Jones has worked for me at Acme Plumbing for fifteen years. I see him almost every day at the office. Our sons are on competing soccer teams. I have also seen him coaching his son s games three or four times this season. I have been invited into his home two or three times for dinner with his family over the years I have known him. The writer must type the declaration or print it neatly in black or dark blue ink. (A few courts require you to type all declarations.) If the declaration is hard to read, the judge may not try. Filing for Temporary Family Law Orders Page - 19

23 3217EN Rev. 5/2016 Do not make the declaration too long. Stick to issues the judge will be deciding. Be specific on those issues. Example: general statements, such as she is a bad mother, or the children are much safer now living with me, are not helpful. The declaration should describe specific things, and state when and where incidents took place. Example: I live on the same street as Joe. About a year ago, Joe knocked over our mailbox while driving. I ran out to the street to see what had happened. Joe was standing next to his car. I smelled liquor on his breath. I have seen him weaving down the road in his car three other times this year. Attach extra pages to the declaration if you need more space. Make sure the declaration writer signs and dates the declaration in the space that says, I declare under penalty of perjury Your extra pages should also have margins of at least one inch. You should number all the pages at the bottom. Some courts limit the number of pages you can file with a motion or response. Check your local rules, or ask the court clerk or facilitator. You may attach documents to a declaration, such as printouts of bills, school records, medical or treatment records, police records, and so on. You must number them Exhibit Number 1, 2, and so on, and refer to them that way in the declaration. If the papers you are attaching do not require a sealed cover sheet (see the General Instructions section), staple them to the declaration. If the papers you are attaching have personal medical or mental health information, or financial records, or confidential court reports, put an exhibit number or letter on each paper you are attaching. When the declaration mentions that paper, the declaration writer should use that exhibit number or letter and put it is filed with the Sealed Personal Health Care Records cover sheet on (date). Do not staple the paper to the declaration. Attach the paper to the appropriate Sealed Cover Sheet form before you file and serve it. We describe the sealed cover sheet forms elsewhere in this packet. (Also, see the General Instructions section about the types of papers to keep out of the public file.) If the declaration talks about personal medical or mental health information, or financial records, attach the declaration to the appropriate Sealed Cover Sheet form before filing and serving it. We describe the sealed cover sheet forms elsewhere in this packet. (See the General Instructions section of this packet about the types of papers to keep out of the public file.) 2. Filling out the Declaration form Caption: Fill out the caption and make as many copies of this form as you will need before adding any other information. This way, you will have blank forms with just the caption on them. You may give a copy to each witness to fill out and have one for you to use, where needed. Filing for Temporary Family Law Orders Page - 20

24 On the right side of the caption, after declaration of, put the witness s name. Declaration of: The witness puts his/her name here. 3217EN Rev. 5/ In the first blank, the witness puts his/her name again. Then s/he puts his/her age and check the box showing what s/he is. 2. This is where the witness tells her/his story. Signed at (city and state): The witness must sign, date, and print his/her name in the appropriate blanks. C. Financial Declaration of: FL All Family 131 Caption. Fill out the caption. 1. Your personal information Name: put your name. Put the other info requested. If you check yes, put the info requested and skip to 2. If you check no, give the info requested. 2. Summary of your financial information. Skip this section. Come back to it after you have filled out the rest of the form. 3. Income. Put the income information and income deduction information requested. You must use the correct column for each party named at the top of the column. Do not include income from needs-based public assistance (TANF, SSI, VA benefits, food stamps) in section A. 6 If a parent gets Social Security Disability (SSDI) or workers compensation (L&I, or other disability benefits from an employer), put that amount in under 4. B. Monthly Deductions: If you include deductions from income other than income tax, FICA, and L&I payments, you should also provide documents proving each deduction. 7 Pay stubs may show union and pension plan deductions. You will need to have extra documents (such as some pages from a collective bargaining agreement or employee handbook, or a letter from the employer) showing these deductions are required. If pension deductions are voluntary, you must have documents proving the deduction has been taken for at least two years. Otherwise, the court may not allow it. If you are claiming business expenses, be ready to present business records and receipts showing your expenses if the other party disputes your claims. Follow the instructions at the end of the Financial Declaration Form about how to submit private financial information. C. Net Monthly Income: Follow the instructions. 4. Other Income and Household Income. 6 RCW (4). 7 RCW (5). Filing for Temporary Family Law Orders Page - 21

25 3217EN Rev. 5/2016 A. Other income - Put any money you get regularly. Describe it in the blanks. This is the place to put how much TANF, SSI, and/or food stamps a party gets. B. Household Income - Put any gross monthly income of any other adults in the household. That income will not be included in calculating the basic child support obligation. It might be considered by the court if someone asks for a deviation from the standard child support amount. 5. Disputed income. Read the instructions. Use this space if you need to. 6. Available Assets. Follow the instructions in this section. 7. Monthly Expenses after Separation. Put your best estimate of each expense. If there are expenses you do not pay every month, you should put the monthly average. Example: You pay your car insurance every six months. You should divide the amount you pay by 6. Put that amount in F (auto insurance). Your total monthly expenses may end up being more than your net monthly household income. When you do not have enough to meet all your expenses, you may put off paying a certain bill. You might make other cutbacks in your expenses. Your monthly expenses do not need to be equal to or less than your income. On the other hand, if your expenses are much more than your income, the court might ask how you are meeting your expenses. Be ready to answer that question. 8. Debts included in Monthly Expenses listed in section 7 above. This section is for more details about expenses you already listed in section 7. Example: You would put your mortgage and your car loan here, even though you should already have included them as expenses in 7A and 7B. 9. Monthly payment for other debts. This is for any other debts you have, such as credit card debts that you have not already listed in section Explanation of expenses or debts (if any). Use this if needed. Work-Related Disability Benefits: If the child/ren gets dependent benefits as a result of a parent s disability (if the parent gets SSDI, L&I and some employerpaid disability benefits) or Social Security retirement, you should explain that here so the paying parent can get credit for benefits as child support paid by the parent. The paying parent s support should go down dollar for dollar by the amount of the dependent benefits his/her children get directly for current child support. 11. Attorney Fees. Complete this section if you hired a lawyer for this case Filing for Temporary Family Law Orders Page - 22

26 to list any costs (for serving the other party, mailing, filing fees, and so on) 3217EN Rev. 5/2016 If you owe a lawyer for another case, put that in section 9. D. Sealed Financial Source Documents (Cover Sheet) FL All Family 011 You must use this form whenever you file private financial documents with the court. Keep a blank copy in case you must file more financial documents later. You may attach one form to a stack of documents. Caption. Fill out the caption. Check the boxes next to each type of paper that you are filing. The instructions to the child support worksheets tell you which documents you need to file if you are submitting child support worksheets. If you are afraid for your safety or the children s safety, you may block out information that identifies your location on the copies that you file with the court and deliver to the other parties. Submitted by: Check the box that applies to you. Sign and print your name. E. Sealed Personal Health Care Records (Cover Sheet) FL All Family 012 Unless a local procedure requires otherwise, use this form whenever filing papers with the court that mention health care of any kind -- mental health care, physical health care, health insurance, or medical bills -- to make sure the records are not available to the public. on any records or correspondence containing information relating to an individual s past, present, or future physical or mental health condition, including past/present/future payments for health care. Some of the papers that should have this cover sheet are: medical and mental health records and bills letters or declarations from doctors and counselors medical bills & statements of medical coverage (or denial) cost estimates for medical care social security and L&I and other disability program letters and records medical evaluations medical insurance records dental records Filing for Temporary Family Law Orders Page - 23

27 records of alternative health care practitioners such as massage therapists, acupuncturists or chiropractors genetic parentage testing. 3217EN Rev. 5/2016 Keep a blank copy of this form in case you need to file more health care records later. F. Sealed Confidential Reports (Cover Sheet) FL All Family 013 This form is the cover for some confidential reports filed with the court. These include reports such as the following when intended as reports to the court in a family law case: Parenting evaluations Domestic Violence Assessment Reports created by certain qualified people CPS reports See the form for other types of reports The person preparing the report also needs to file a public portion that lists just the materials or information reviewed, the individuals contacted, the tests conducted or reviewed, and the conclusions or recommendations reached. Instructions for the Sealed Reports form: 1. Caption. Fill out the caption. 2. Check the boxes next to the type of report. 3. At the top of the first page of the report, about one inch from the top of the paper, put Sealed. 4. Attach the confidential part of the report to this form. If you are afraid for your safety or the children s safety, block out information that identifies place and address on the copies you file with the court and deliver to the other parties. Submitted by: Check the box that applies to you. Sign and print your name. G. Temporary Family Law Order FL Divorce 224 You ask the judge to sign this order at your Temporary Family Law Orders hearing. This is your proposal. The judge may change it after your hearing. Your proposed order should list everything your motion asked for. Look back at your Motion for Temporary Law Order. Check the same items. Fill out any blanks as needed. The Order boxes are not in the same order as the Motion boxes. The restraints may be in a different section of the Temporary Family Law Order. Read each item to mark the correct ones. If you have children, you may also need: Filing for Temporary Family Law Orders Page - 24

28 3217EN Rev. 5/2016 Temporary Parenting Plan, Information about Temporary Parenting Plan, and Child Support Order Order Appointing Guardian ad Litem for a Child if you want a GAL Order on Adequate Cause, if you are filing a Petition to Change Parenting Plan The following instructions are for a proposed order. If you fill out this form after the Temporary Family Law Orders hearing, have it show what the judge ordered, even if different from what you wanted. Caption. Fill out the caption. If you propose a safety restraining order (see paragraph 13) OR the order includes a money judgment, check Clerk s Action Required 1. Money Judgment Summary. Check the first box and skip to 2 if there will be no money judgment. Check the second box AFTER filling out section 12 if the judge will order one party to pay the other a lump sum of money (such as for attorney s fees). Fill out the table. 2. Findings. Check the box showing which party you are. 3. Active duty military. Check the first box and skip to 4 if the other party is not in the military or a military dependent. Check the second box if the other party is on active duty in the military, or the dependent of someone on active duty as described in this section. The judge will fill out the rest of this section. You may need to fill out an Order re Service Members Civil Relief Act, FL All Family 170, available at The Court Orders 4. Care of children. Check the first box and skip to 5 if the order does not cover any children. Check the second box if the order covers any children. Put their info in the table. Check the first box immediately underneath the table if you want a parenting plan or the judge ordered one. Check the second box immediately underneath the table if you want an order that the children not leave Washington State, or the judge did order this. (Then check the box/es showing who you want this part of the order to apply to.) Check the third box immediately underneath the table if you want a Guardian ad Litem or Investigator or the judge appointed one. 5. Provide support. Check the first box and skip to 6 if no one asked for an order about child support. Check the second box if the other party asked for a child support order but you do not want one or the judge denied the request after hearing. Check the third box if you want child support or the judge ordered it. Check the fourth box if one of you asked for spousal support or the judge ordered it after hearing. Then check which party you want to pay support or which party the judge ordered to pay. Put the amount of support you want or the amount the judge ordered. Provide the other info requested based on what you asked for or what the judge ordered. Filing for Temporary Family Law Orders Page - 25

29 3217EN Rev. 5/ Family home. Check the first box and skip to 7 if no one asked for an order about the family home. Check the second box if you do not want the judge to temporarily grant use of the family home to a party, or the judge denied this request after hearing. Check stay in the home if you want an order granting a party temporary use of the family home, or the judge ordered this. Check the box showing which party. Check move out if you want the judge to order a party to move out, or the judge ordered this. Check the box to show which party and put the move-out deadline. 7. Use of property. Check the first box and skip to 8 if no one asked for an order about personal property. Check the second box if you do not want any temporary court order about property, or the judge denied this request after hearing. Check the third box if you want a court order granting Petitioner the possession of certain property, or the judge ordered this after hearing. Check the boxes immediately underneath and fill out blanks as appropriate to show which property. Check the third box if you want a court order granting Respondent certain property, or the judge ordered this after hearing. Check the boxes immediately underneath and fill out blanks as appropriate to show which property. 8. Protect property. Check the first box and skip to 9 if no one asked for an order keeping either of you from doing anything with property of the marriage. Check the second box if you do not want this or the judge denied the request after hearing. Check the third box if you want such an order, or the judge ordered this after hearing. Check the box/es showing who the order applies to. 9. Household expenses. Check the first box and skip to 10 if no one asked for a court order dividing household expenses. Check the second box if you do not want this or the judge denied the request after hearing. Check the third box if you want such an order, or the judge ordered this after hearing. Fill out the table to show what you asked for or what the judge ordered. 10. Divide debts. Check the first box and skip to 11 if no one asked for a court order dividing your debts. Check the second box if you do not want this or the judge denied the request after hearing. Check the third box if you want the judge to divide your debts, or the judge ordered this after hearing. Then check the box immediately underneath that applies. If you check the second box immediately underneath, fill out the table. 11. Do not change insurance. Check the first box and skip to 12 if no one asked for an order about not changing insurance. Check the second box if you do not want a court order about this, or the judge denied the request for such an order after hearing. Filing for Temporary Family Law Orders Page - 26

30 3217EN Rev. 5/2016 Check the third box if you do want an order about not changing insurance. Check the box/es showing who you want ordered not to change insurance, or who the judge ordered not to. Then fill out the table. 12. Pay fees and costs. Check the first box and skip to 13 if no one asked for a court order about payment of fees and costs. Check the second box if you do not want such an order or the judge court denied your request. Check the third box if you want the judge to make this order at the end of the case, or the judge decided to wait after hearing. Check the fourth box if you want an order now for payment of fees and costs, or the judge made such an order after hearing. Check the box/es immediately underneath and fill out blanks showing what you want or what the judge ordered. 13. Restraining order. Check the first box and skip to 14 if no one asked for a restraining order. Check the second box if you do not want a restraining order, or the judge denied the request for one after hearing. Check the third box if you want a restraining order, or the judge ordered one after hearing. Then check the box immediately underneath showing whether you also want or the court also ordered payment of a bond or security, and who should pay. Put the amount and the deadline by which to pay. You will also need to fill out the Restraining Order in this packet, FL All Family Other temporary orders. The judge may put something here. So Ordered. LEAVE THISFOR THE JUDGE. Petitioner and Respondent or their lawyers fill out below: There are two columns of boxes to check, one column for each party. You should check is presented by me in the column that applies to you. Sign and print your name and the date where it says to. H. Restraining Order FL All Family 150 Use this form only if your motion asked for a Restraining Order (you checked the third box in section 13 of the Motion). Otherwise, skip this form. Have your Motion for Temporary Family Law Order, turned to section 13, in front of you while filling this out. 1. This Order restrains. Put the name of the party your motion asked the court to restrain. 2. This Order protects. Put your name. If you want this order to cover any of your children, fill out the table underneath with the info requested. 3. To the Restrained Person listed in 1. The judge will put the date this Order expires. 4. Findings. Authority: Do not make any changes to this. Filing for Temporary Family Law Orders Page - 27

31 3217EN Rev. 5/2016 Notice: Check the boxes showing how the other party got notice and whether s/he was at the temporary family law orders hearing. Credible Threat: Check this only if you want the judge to order the other party to surrender weapons. Intimate Partner: Check this if true in your case. Military: Check Petitioner if true of Petitioner. Check Respondent if true of a respondent. 5. Court Orders to the Restrained Person listed in 1. Do not disturb: Check this box if your motion asked for this. Stay away: Check this box if your motion asked for this. Check the box immediately underneath showing what your motion asked for. If you check the first box immediately underneath, put the same distance you put in your motion. Do not hurt or threaten: Check this if your motion asked for this. Prohibit weapons and order surrender: Check this if your motion asked for this. You will also need to use our Getting a Court Order for the Surrender of Weapons: Family Law Cases packet. Findings: Check must if you can check either of the boxes immediately underneath. Otherwise, check may and all the boxes immediately underneath it that apply. 6. To the person who asked for this order. Check whichever box is true in this case. 7. To the clerk. Put the name of the sheriff department or police department that will enforce this order. Petitioner and Respondent or their lawyers fill out below: You should check is presented by me in the column for your party. You should sign and print your name and the date where indicated. I. Order Appointing Guardian Ad Litem for a Child FL All Family 146 Use this form your motion asks the judge to appoint a Guardian Ad Litem for your children, or the judge appointed one at your hearing. If you have no children in common with the other party, or you do not want a GAL, skip this form and section. The judge may appoint a GAL if there are concerns about the children s safety and wellbeing, and the judge believes a GAL is needed to make recommendations about what is in the children s best interests. In some counties, the judge may appoint a GAL upon a party s motion. In others, the judge orders a custody evaluation/investigation routinely. If you do not want a GAL, skip this form. Filing for Temporary Family Law Orders Page - 28

32 3217EN Rev. 5/2016 If the court orders an evaluator or investigator instead of a GAL, or that is what you asked for, use the next form in this packet. Caption. Fill out the caption. 1. Check the box to show who asked for the GAL. Put the full names and ages of the children for whom the court is appointing the GAL. 2. Check the divorce box. The court orders: 3. If you know the name of the GAL the court should appoint, fill it in before your hearing. The GAL must agree to serve, and either the other party must agree to that GAL OR the court will choose the GAL. Most counties just appoint the next name off a rotating list of available GALs unless there are special circumstances, so you usually will not put the name of the GAL before your hearing. 4. GAL s Rights. Read this section. 5. GAL s Duties. The first paragraph explains the GAL s duties. If this is a proposed order, check all the boxes showing the issues you want the GAL to investigate and make investigations about. Check any box/es showing which party you want the GAL to investigate in a particular area. If your case has special circumstances, check other. Put in the blank specific directions for issues the GAL must investigate. Example: The effect of abuse directed specifically at the child. 6. GAL s Report. The due date for the GAL report is in this section. The judge might order a specific date. Otherwise, the report is due to you and all parties or your lawyers at least 60 days before trial. 7. Access to the children and information. This lists holders of info that should be made available to the GAL, including health records, CPS records, criminal records, and school records. The GAL will have court permission to talk to anyone with info needed for your case, and to meet with you, the other party, and your children with or without either parent. 8. Release of Information. If you have no children age 12 or older, skip to 9. Otherwise, read this section and do not make any changes to it. The GAL needs the consent of a child 12 or older to get medical, psychiatric or other information from experts who have treated the child. If possible, ask the child to sign this order at the bottom of on the last page. 9. Confidentiality. Read this. 10. GAL s Fees. Fill out the first blank if you know the GAL s hourly fee. Otherwise, the judge should fill out that and the next blank. 8 8 RCW Filing for Temporary Family Law Orders Page - 29

33 3217EN Rev. 5/2016 The next paragraph is about who should pay for the GAL and how much. Check the first box if you believe the parties have some ability to pay and put the percentage you want each to pay (the blanks are for the parties names) OR the judge ordered this. Check the second box if you believe the parties need the county s help paying OR the judge ordered this. Put in the blanks how much the county should pay. Usually, the judge will either have each parent pay their proportionate share according to the child support worksheets OR have them split it 50/50 If one party cannot afford to pay the GAL, you can put that the other party should pay 100%. The judge may change this at the hearing. 11. Appointment Ends: Check the first box if you want the GAL s appointment to end when the court enters a final parenting plan, or that is what the judge ordered. Check the second box if you want the GAL s appointment to end on some other date or this is what the judge ordered. Put the date in the blank. 12. Other orders (if any). The judge may put something here. So Ordered: LEAVE THIS FOR THE JUDGE. Petitioner and Respondent or their lawyers fill out below: There are two columns of boxes to check, one column for each party. You should check is presented by me. You sign and print your name and the date where indicated. J. Order Appointing Parenting Evaluator/Investigator - FL All Family 148 If the court appoints a GAL instead of a parenting evaluator or investigator, or that is what you asked for, use the form before this one. Caption. Fill out the caption. 1. Check the box showing which party you are. Then put the children s names and ages /ren. 2. Check divorce (dissolution) law. 3. You usually will not fill this in before your hearing. Fill out the blank if you know who you want the judge to appoint. That person will have to agree to the appointment. Also, either the other party will have to agree to that person or the court will choose the specific person for your case. 4. Duties. Check everything you want the evaluator or investigator to do. Filing for Temporary Family Law Orders Page - 30

34 3217EN Rev. 5/ Report. The judge will fill this out Read these. 9. Fees. If you know the investigator s or evaluator s hourly fee, fill that in the blank. Otherwise, the judge should fill out that and the next blank. 9 In the second paragraph in this section, check the box and fill out the blanks showing who you want to pay the fees and costs, and how. 10. Appointment Ends. Check the box showing when you want the evaluator s or investigator s appointment to end. 11. Other orders. The judge may add something here. Ordered. LEAVE THIS FOR THE JUDGE OUT. Parties or their lawyers fill out below: There are two columns of boxes to check, one for Petitioner and one for Respondent. You should check is presented by me. You should sign and print your name and the date where it says to. K. Notice of Hearing FL All Family 185 This form lets the court and the other parties know the date, time, place, and reason for your hearing. Many counties require you to use a special form. Ask your family law facilitator or court clerk if your county has its own Notice of Hearing or Note for Motion form. If not, use the form included here. How to Get a Hearing Date: Check your local court rules (at the law library or online), or ask your family law facilitator or court clerk to find out when you may schedule your hearing. Motions for Temporary Family Law Orders are usually scheduled in the family law department or on the family law calendar. In some counties, family law hearings are scheduled only on certain days. Some counties schedule motions in Divorce cases at different times than motions in parenting plan modifications. In many counties, if the State is a party to your case (such as when the children have gotten public assistance), you must schedule your hearing on a date and time that the prosecutor is present for family law motions. How Much Notice to Give the Other Parent: Under the Washington civil rules, you must give your motion and other legal papers to the other parties and the court at least five court days (business days that are not court holidays) before the hearing date. Do not count the day you mail/deliver the papers, weekends, or holidays. 10 Some counties require more than five court days notice for family law hearings. Check your local court rules, or ask the family law facilitator or court clerk how much notice to give. Count Day One as the day after you will mail or deliver your motion papers to the other party. 9 RCW Civil Rule (CR) 6(d). Filing for Temporary Family Law Orders Page - 31

35 3217EN Rev. 5/2016 Add Days for Mailing. If papers are mailed, rather than personally delivered, add at least three days 11 to the number of days notice your county s rules require. Example: if you mail a document on a Monday, the law presumes it to have been served on Thursday. If the third day after the papers are mailed is a weekend or holiday, add days so that the papers arrive on a business day that is not a legal holiday or weekend. 12 Try to give more than the minimum number of days for notice of your hearing. If for some reason the other party does not get enough notice of your hearing, you must reschedule your hearing even if the other party does not show up and object. Caption. Fill out the caption. 1. To the Clerk of the Court and all parties: Put The date and the time of your hearing. The courthouse address and room number where your hearing is scheduled. The docket name or the judge s name. 2. List every matter you intend to bring up, including whether the orders are by agreement (example: Motion for Temporary Family Law Order, Temporary Parenting Plan, and Order Regarding Appointment of Guardian Ad Litem ). This hearing was requested by: Sign and print your name and put the date where requested. I agree to accept legal papers for this case at: Read the box to the right. Put an address where you can get papers quickly. Section 8: How to File and Serve Papers After you have filled out the forms, file them with the court and have them served on the other parties. This section explains how. Before filing and serving your papers, make sure you have completed all the forms you need, including forms from other packets. Example: if you and the other party have children under the age of 18 or still dependent upon you for support, use forms from our packets Parenting Plans and Child Support Orders for Divorce Cases and Petition to Change Parenting Plan Cases. Use the checklists in this packet. Make sure you have what you need. A. Filing your Motion with the Court File the Petition with the court before or when you file your motion. Check Your Deadlines: Make sure to file your motion far enough before your hearing date. File your motion a few days before the last date for serving the other parties. Look at the deadline you calculated in the instructions for the Notice of Hearing form. (Example: 11 Three days are clearly required under CR 5. There is a legal argument that, reading CR 5 and CR 6 together, you must give at least six days. 12 CR 6(a) & (e); CR 5(b)(2). Filing for Temporary Family Law Orders Page - 32

36 3217EN Rev. 5/2016 Your local rules say you must serve your motion five court days before the hearing. You must file your papers with the court, deliver working papers to the judge, and have all parties served by five business days before the hearing. This does not count the hearing day.) 1. Copy Your Papers Make at least two copies of every paper, including proposed orders and financial documents. One copy is for the other party, and one is for you. Make extra copies if there is more than one other party to your case, you need to serve the state or a GAL, or you need Working Papers for the judge. Exception: do not copy or serve the Law Enforcement Information Sheet. Make three (or more) full sets of your papers (one set of originals and two sets of copies). Compare each set with the checklist of forms at the end of this packet. Make sure you have all the forms you need. 2. File Your Motion Take the originals and the copies to the county court clerk s office in the superior courthouse where you are filing your motion. (This is the county where you are filing your petition or where the petition has already been filed.) Give the clerk the original of all of your forms for filing (Motion, Notice of Hearing, and so on) except ask the clerk what to do with the originals of your proposed orders. 13 In most cases, you will keep the original proposed orders and bring them to the hearing for the judge to sign then. If your county requires working papers, give the judge copies of the proposed orders as part of the working papers. Ask the clerk to stamp your copies to show the date you filed the originals. Take the stamped copies back from the clerk. The clerk keeps the originals. B. Getting Ready to Serve Your Motion After you file your papers, you must have them properly served on (delivered to) the other parties. The court does not serve the other parties. You must arrange for service and make sure your server delivers the papers properly. You cannot serve the papers on another party yourself. The next paragraphs explain the rules for service. Carefully follow the rules. If you do not do service properly, your court orders could be set aside, even years later. Who to serve: Every party to the case. Usually, your spouse (former spouse in modification cases) is the only other party. If your children have ever gotten public assistance (TANF) or Medicaid, or if the child is in foster care or out-of-home placement, you must serve copies on the State of Washington. Our packet Serving Papers on the State has more information. If someone besides you or your spouse (former spouse in modification cases) has custody of 13 Temporary Family Law Order, and if appropriate in your case, Temporary Parenting Plan, Temporary Child Support Order, any Order Appointing Guardian ad Litem or Evaluator, and (Petition to Change Parenting Plan cases only) Order on Adequate Cause. Filing for Temporary Family Law Orders Page - 33

37 3217EN Rev. 5/2016 any child in your parenting plan, or visitation, or claims a right to custody or visitation, talk to a lawyer about adding that person to your case as a party or otherwise giving them notice of the case. What papers need to be served: You must serve the other party with every motionrelated paper you want the court to consider, including the Notice of Hearing, Motion for Temporary Family Law Order, any witness declarations, financial documents you filed, and all your proposed orders (such as child support order, Temporary Family Law Order, Restraining Order, Order to Surrender Weapons, parenting plan). Look at the checklists in this packet. Make sure you include all the forms you need. When to serve: Many counties require more than the five court days CR 5 requires. Check the local rules again. Make sure you have the other party served with enough notice. The amount of time between the date you have the other party served and the date you have set for the hearing is the number of days of notice you are giving the other party. If you serve by mail, add days. (Look back at the deadlines you calculated when you prepared the Note for Motion.) How to copy and organize your papers for service: Make any extra copies of the papers you need. You will need: one set for you one set for each other party (1 x number of other parties = ) (Do not serve the Confidential Information Form and attachment and any LEIS 14 on any other parties) one for the judge for working papers 15 Organize the papers: one for the State (if you are serving the State) one for the Guardian ad Litem, if your case has one Total = This is how many copies you need of each document Organize the forms into sets. Each set should have a copy of each form you filled out, except for any Confidential Information form and attachment and LEIS. Do not give those to any other party. Compare each set with the checklists in this packet. Make sure each set has the forms you need. Keep a full set of copies for yourself and put any Confidential Information form and attachment and LEIS into this set. Put each of the other parties sets of papers in an envelope, addressed to that party, with your return address. These are the sets you will use for service. 14 Not in this packet. You need it only if there is a restraining order. 15 You should always make a copy for the judge. Even if the local court does not require working papers, take the papers with you to your hearings anyway. Sometimes the judge does not have the case file in the courtroom, or papers you have filed in the clerk s office have not yet been placed in the court file. Filing for Temporary Family Law Orders Page - 34

38 3217EN Rev. 5/2016 How to serve: Do not serve the other parties yourself. Follow the instructions in A or B below, whichever applies to you. If you are Filing and Serving a Petition with your Motion, follow the Instructions for Personal Service in the Filing packet you are using. You may have the Motion papers served with the Petition, Summons, and other starting paperwork. You must have the Petition and Summons delivered personally to the other party, so add the motion paperwork in with the rest of the papers to be delivered personally. Instructions for personal service and the Proof of Personal Service are in our How to Serve the Opposing Party in a Family Law Case packet. Make sure the Proof of Personal Service shows that the motion documents have also been served. If your case is already going on, the other parties have been served with the Summons and Petition, and you only need to serve the motion paperwork, or you are the respondent, use just the following Proof of Mailing or Hand Delivery form and instructions. After service is complete, file proof of service with the court as explained below. 16 If you must serve the State of Washington, see our packet Serving Papers on the State. C. Service or Giving Notice to the Other Party The Petitioner (or, in Petition to Change Parenting Plan cases, the moving party ) cannot use the following procedure to serve another party unless the Summons and Petition have already been served on that party. If the party you are serving has given an address for receiving legal papers in the case, send the papers to him/her there. (The other party s address may be at the end of the Response form, a Notice of Appearance, a Summons, or Notice of Change of Address.) If the party has a lawyer in this case, serve the lawyer. Do not deliver or mail the papers yourself. Ask an adult friend or relative to do it for you. When your friend has mailed or delivered the papers to a party, have him/her fill out the Proof of Mailing or Hand Delivery form the same day. Your friend should fill out a separate form for each person s/he mails or delivers the papers to. You will then file the original Proof of Mailing or Hand Delivery with the court clerk. Keep a conformed copy for your records. Make sure papers are mailed or delivered before your deadline. When counting, do not count the day of delivery or mailing, weekends, or court holidays. 16 If you prefer, you can always have a party personally served (using the same instructions in our filing packets for serving the summons and petition) and have a Proof of Personal Service prepared and filed. Filing for Temporary Family Law Orders Page - 35

39 3217EN Rev. 5/2016 Add Days for Mailing: If your friend mails the papers, rather than personally delivering them, add at least three days 17 to the number of days notice your county s rules require. Example: if you mail a document on a Monday, the law presumes it was served on Thursday. If the third day after you have the papers mailed is a weekend or holiday, add days so that the papers arrive on a business day that is not a legal holiday or weekend. 18 Try to give more than the minimum number of days for notice of your hearing. If for some reason the other party does not get enough notice of your hearing, you must reschedule your hearing, even if the other party does not show up and object. If you have something sent by regular first class mail, and if you think another party will not show up at a hearing, have an extra copy sent by certified mail, return receipt requested, for more proof of mailing. If you do not have the green receipt back when filing the Proof of Mailing or Hand Delivery, file the receipt later, attached to a page labeled with your case caption. Hand delivery: Your friend may deliver the papers to the other party rather than mail them. Delivering the packet of papers to another party (or their lawyer) means: handing it to the lawyer or to the party OR leaving it at his office with his/her clerk or other person in charge of the office 19 OR if there is no one in charge, leaving it in a place in the office where someone can easily find it (example: on top of the front desk) OR if the office is closed or the person to be served has no office, leaving it at his home with someone of suitable age and discretion living there Instructions for the Proof of Mailing or Hand Delivery FL All Family 112 Make some blank copies of this form. You may need to fill it out and file it several times. Use this form to show that copies of papers you file in court have been given to the other parties. Use a separate form for each party to whom papers were mailed or delivered. Caption: Fill 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 s/he served the papers. In the second blank, s/he should put who s/he served. Then s/he should check the box/es and fill out any blanks as needed to show how s/he served the other party. 17 Three days are clearly required under CR 5. There is a legal argument that, reading CR 5 and CR 6 together, you must give at least six days. 18 CR 6(a) & (e); CR 5(b)(2). 19 Do NOT serve other parties at their offices unless they have used that as their service address in a Notice of Appearance, Petition, or Response form. 20 CR 5(b)(1). A person of suitable age and discretion means an adult (or at least older teenager) with no mental impairment that would keep him/her from understanding that the legal papers should be given to the other party. Filing for Temporary Family Law Orders Page - 36

40 3217EN Rev. 5/ List all documents you served: Your server must check the box for every form s/he sent/delivered to the other party. If you s/he leaves out a form, you will have no proof it was served. I declare under penalty of perjury: Your server should sign and date the form, state the place signed (city and state), and print his/her name in the places indicated. 2. Filing the Proofs of Mailing or Hand Delivery Make one copy of each completed Proof of Mailing or Hand Delivery. Do not give copies of this form to the other parties. If you mailed a copy of the forms by certified mail, and have a certified mail receipt back from the post office, attach the original receipt to the Proof of Mailing or Hand Delivery you file with the clerk. Make a copy for your records. If you used certified mail but do not have the green receipt back when filing the Proof of Mailing or Hand Delivery, file the receipt later, attached to a page labeled with your case caption. Take the completed Proofs of Mailing or Hand Delivery with you to your hearing. You may need to show the judge you gave the other party proper notice. Section 9: Getting Ready for and Going to Your Hearing A. Working Papers and Confirming Your Hearing In many counties, you must: Deliver an extra copy of all of papers (including proposed orders) for your hearing for the judge to read. We call this set of copies Working Papers or Working Copies. Our publication called What are Working Copies has more information. Confirm the hearing a few days before the hearing date. Confirming the hearing means telling the court the hearing will take place as scheduled. To learn the rules for working papers and confirming the hearing in your county, read local court rules, and check with the family law facilitator or court clerk. If you do not give the judge working papers and do not confirm your hearing in a county that requires this, the court may cancel your hearing, or the judge might not consider any of your papers. B. Replying to the Other Party s Response The other party must respond in writing to your motion before the hearing. In most counties, the other party must deliver his/her response to you and the court no later than one court day before the hearing CR 6(d). Filing for Temporary Family Law Orders Page - 37

41 3217EN Rev. 5/2016 If the other party sends no response, go to the hearing anyway. If the other party does not show up, ask the judge to sign your proposed orders. See Going to the Hearing, below and the checklists at the end of this packet. If the other party comes to the hearing, tell the judge the other party did not send you a written response on time. The judge may decide not to consider the other party s papers, or may reschedule the hearing to a later date. If the judge reschedules your hearing, ask him/her to sign a Temporary Family Law Order effective until the new hearing date. If the other party sends a response, read the other party s response carefully. If you get no chance to file a reply, be ready to tell the judge what you disagree with in the other party s response. Filing a Reply: In most counties (which follow the general Civil Rules), you will have no chance to file a reply. 22 If your local court rules do give you a chance to reply, use the Declaration of Witness form. Put Declaration of (Petitioner or Respondent) In Reply under the title of the declaration form. In the declaration, state which points in the other party s response you disagree with and why. Do not bring up new issues. Respond only to things the other party talks about in their response. If needed, give the court more papers or declarations from other witnesses. When you have completed your declaration, make a copy of it (and every other paper that you need to respond to the other party s response) for each of the other parties, yourself, and the judge (for working papers). File the original papers with the court clerk. Have the clerk stamp the copy that you keep, to prove when you filed it. Deliver a set of the papers to each of the other parties (and to the judge for working papers). Use a Proof of Mailing or Hand Delivery form in this packet to show you had the reply properly served. Make sure to file and serve the papers by the deadline for your reply. Check with your Family Law Facilitator, court clerk, or local rules for the reply deadline. If you do not serve your reply by the deadline, the judge may not read it. C. Going to the Hearing If the Other Party gets a lawyer. If at any time before the hearing another party s lawyer contacts you or shows up at a hearing, you may decide to get a lawyer yourself. If so, tell the lawyer and the court you need to postpone (continue) your hearing. Do not panic. The lawyer may ask you to sign some documents. Do not sign anything you do not understand. If the judge reschedules your hearing, ask him/her to sign a Temporary Family Law Order effective until the new hearing date. Get Ready for the Hearing. Try to go to court before the day of your hearing. Watch how the court conducts hearings. Try to make some notes to yourself about the main points you want to make when you have a chance to talk during the hearing. 22 CR 6(d). Filing for Temporary Family Law Orders Page - 38

42 3217EN Rev. 5/2016 Get to Your Hearing Early. Dress neatly. Bring a pad of paper and black pen to write notes. Bring your set of court papers, and your copies of any papers the other parties gave you in response. Do not bring your children if you can help it. The judge usually will not let them sit in the courtroom. If you are not there on time, the court will cancel the hearing (or the other party may win). When You Get to the Courtroom. When you get there, tell the person in charge in the courtroom (the clerk or the bailiff) your name and your case name and number. Take a seat. When the judge walks in, stand. When they call your case name, tell the court you are present. Stay in court until they call your case for hearing. When they tell you to come forward, do so. Give the court the originals of your orders. You will have a Temporary Family Law Order. You may also have a Restraining Order, Order to Surrender Weapons, Order Appointing GAL or Evaluator, Temporary Parenting Plan, Child Support Order and child support worksheets, and/or (Petition to Change Parenting Plan cases only) Order on Adequate Cause. Getting an Order. If the other party does not appear, show the judge your Proof of Personal Service or Proof of Mailing or Hand Delivery. Ask the judge to sign your orders. (Refer to the checklists for the documents you need.) Tell the clerk or bailiff you need a copy of the orders. Presenting Your Case. If the other party shows up at the hearing, each of you will have a chance to tell your side of the case. Stand while speaking. Tell the judge briefly what you want and why. Try to keep your argument short and only outline your main points. In some counties, you have only five minutes to speak. In most cases, the judge will have read your papers before the hearing. Do not repeat everything in your papers. Try to make notes to use at the hearing. DO NOT INTERRUPT THE JUDGE. Hearing the Judge s Decision. After the judge has heard both sides, s/he will decide on your requests. Listen carefully. Make notes. The judge may make changes to the orders you prepared, or s/he may direct you, the other party, or the other party s lawyer to do it. If the other party s lawyer makes changes to the orders, read them carefully. Make sure they say what the judge said. If you are not sure about any changes, do not sign the orders. Ask the lawyer to go back before the judge to make sure the order says what the judge said. Usually you want your court orders signed the day of your hearing. Some counties require they be signed before the parties leave the courthouse. DO NOT LEAVE THE COURTHOUSE WITH (OR CHANGE OR DESTROY) COURT ORDERS THE JUDGE HAS SIGNED. If the clerk in the courtroom gives you the original orders the judge has signed, file them with the court clerk s office. Getting Copies of the Orders. You will need copies of the orders as signed by the judge. You need certified copies of any order with a safety restraint. (Get one certified copy for yourself, and one certified copy for each restrained party that you need to serve.) Get conformed copies of other orders. Filing for Temporary Family Law Orders Page - 39

43 3217EN Rev. 5/2016 Ask the clerk how to get the conformed and certified copies you need. Follow those instructions. o For certified copies, the clerk will need to make them and may charge you a fee (example: $5 for the first page, $1 for every extra page). o For conformed copies, The clerk may allow you to take the original orders and make copies in the library or at the clerk s office. Or, if the copies of proposed orders you brought to court are exactly the same as the orders the judge signed, the clerk may tell you to stamp those copies with the date filed stamp and the judge s signature stamp. If the judge signed the orders you presented, make sure all parties get copies of the orders showing the judge s signature as follows: o If your orders have no safety restraints, or if the restrained party or his/her lawyer appeared and/or signed the orders, mail conformed (not certified) copies of the orders the judge signed to the other party/ies. Mail conformed copies to any other parties against whom there are no restraints. Use the Proof of Mailing or Hand Delivery procedure. o Have the other party personally served if all of the following are true: the order includes safety restraints and you are the protected party neither the restrained party nor lawyer appeared for the hearing neither the restrained party nor lawyer signed the order You must serve a certified copy of the order containing safety restraints. Conformed copies of any other orders will do. File a new Proof of Personal Service with the court showing service of these orders, and deliver a copy of the Proof of Personal Service to the law enforcement agency named in the order. The safety restraints may not be effective until the other party is personally served with the order. D. Getting an Agreed Temporary Family Law Order If you have reached an informal agreement with the other party, try to get an Agreed Temporary Family Law Order (and in cases with children, an agreed Temporary Parenting Plan, Temporary Child Support Order, and Child Support Worksheets). You and the other party/parties must agree about what should happen to any children, your property, child support, and any other issues discussed in your paperwork before getting your Agreed order. If you agree on appointing a GAL or evaluator, prepare that order as well. If you are entering agreed temporary petition to change parenting plan orders, get an Agreed Order on Adequate Cause. Filing for Temporary Family Law Orders Page - 40

44 3217EN Rev. 5/2016 ALL PARTIES MUST CHECK IS AN AGREEMENT OF THE PARTIES AND SIGN THE ORDER(S). A JUDGE MUST ALSO SIGN THEM. Ask the court clerk's office how to have the judge sign an agreed order. Get a copy of the order(s) for your records. Provide the other party a copy of the order showing the date filed and the judge s signature. Use the Proof of Mailing or Hand Delivery procedure to prove you have provided a copy. E. If You Disagree with the Court s Order Motion for Revision. If a court commissioner decided the motion, and you do not want to try to give the commissioner more evidence, you may file a Motion for Revision. A judge hears a motion for revision. That judge can hold a new hearing on the evidence the commissioner considered. You have ten days from the date the court commissioner signed the order to file a Motion for Revision. 23 Local court rules may also require you to serve the other parties within the same deadline. If you plan to serve by mail, mail your motion at least three days earlier. Motions for Revision are not usually easy to win. Talk with a lawyer, if possible, before filing one. Our packet called Filing for Revision in a Family Law Case has forms and instructions. Section 10: 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 also has Microsoft Word and PDF versions of many of these forms available on their web site at 23 RCW Filing for Temporary Family Law Orders Page - 41

45 Superior Court of Washington, County of In re the marriage / domestic partnership of: Petitioner (person who started this case): And Respondent (other spouse / partner): No. Motion for Temporary Family Law Order and Restraining Order (MTAF) Motion for Temporary Family Law Order and Restraining Order Use this form in marriage/domestic partnership cases only. For parentage cases, use form FL Parentage 323. For non-parent custody cases, use form FL Non-Parent 423. To both parties: Deadline! Your papers must be filed and served by the deadline in your county s Local Court Rules, or by the State Court Rules if there is no local rule. Court Rules and forms are online at If you want the court to consider your side, you must: File your original documents with the Superior Court Clerk; AND Give the Judge/Commissioner a copy of your papers (if required by your county s Local Court Rules); AND Have a copy of your papers served on all other parties or their lawyers; AND Go to the hearing. 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 person filing this motion: You must schedule a hearing on this motion. You may use the Notice of Hearing (form FL All Family 185) unless your county s Local Court Rules require a different form. Contact the court for scheduling information. To the person receiving this motion: If you do not agree with the requests in this motion, file a statement (using form FL All Family 135, Declaration) explaining why the court should not approve those requests. You may file other written proof supporting your side, and propose your own Parenting Plan or Child Support Worksheets. RCW ,.110,.120,.194 Mandatory Form (05/2016) FL Divorce 223 Motion for Temporary Family Law Order p. 1 of 8

46 1. My name is. I ask the court for temporary orders approving the requests listed below. 2. Children No request. I want my children under 18 listed below to be included in the court s orders: Child s name Age Child s name Age Active duty military (The federal Servicemembers Civil Relief Act covers: Army, Navy, Air Force, Marine Corps, and Coast Guard members on active duty; National Guard members under a call to active service for more than 30 days in a row; and commissioned corps of the Public Health Service and NOAA. The state Service Members Civil Relief Act covers Washington state residents who are National Guard or Reserve members under a call to active service for more than 30 days in a row, and their dependents.) My spouse/domestic partner is not covered by the state or federal Service Members Civil Relief Acts. My spouse/domestic partner is covered by the state federal Service Members Civil Relief Act. For persons covered only by the state act Military duty may keep the service member or dependent from responding or coming to the hearing on this motion. I ask the court to approve temporary orders even if the covered person asks for a stay or doesn t respond. It would be very unfair (a manifest injustice) not to make temporary orders now because: 4. Care of children No request. Approve the parenting plan proposed by me my spouse/domestic partner. Order my spouse/domestic partner not to take the children listed in 2 out of Washington State. Appoint a person to investigate and report to the court about what is in the children s best interest, and order who will pay this person s fees. This person should be a/n (check one): Guardian ad Litem (GAL) or Evaluator/Investigator as chosen by the court. Guardian ad Litem (GAL). RCW ,.110,.120,.194 Mandatory Form (05/2016) FL Divorce 223 Motion for Temporary Family Law Order p. 2 of 8

47 Evaluator/Investigator. (Name): Other: 5. Provide support No request. Order child support according to the Washington state child support schedule. Order (check one): me my spouse/domestic partner to pay spousal support (maintenance/alimony) in the amount of: $ every month until (date or event):. 6. Family home No request. Stay in the home I want to continue living in the family home. My spouse/domestic partner may continue living in the family home. Move out Order my spouse/domestic partner to move out of the family home by (date):. 7. Use of property No request. Order that I can possess and use (specify): property in my possession now. vehicle(s): other: Order that my spouse/domestic partner can possess and use (specify): property in his/her possession now. vehicle(s): other: RCW ,.110,.120,.194 Mandatory Form (05/2016) FL Divorce 223 Motion for Temporary Family Law Order p. 3 of 8

48 8. Protect property No request. Order (check one): my spouse/domestic partner both parties not to move, take, hide, damage, borrow against, sell or try to sell, or get rid of any property, unless it is a usual business practice or to pay for basic necessities. (If the court makes this order, both spouses/domestic partners must notify each other about any expenses that are out of the ordinary.) 9. Household expenses No request. Order household expenses to be paid as follows: Expense 10. Divide debts Who should pay First Mortgage Petitioner Respondent Second Mortgage/Line of Credit Petitioner Respondent Rent or lease payment Petitioner Respondent Utilities Petitioner Respondent Homeowner s Insurance Petitioner Respondent Property Taxes Petitioner Respondent Vehicle (specify): Petitioner Respondent Vehicle (specify): Petitioner Respondent Child Care Petitioner Respondent Other: Petitioner Respondent No request. Order my spouse/domestic partner and me to: Each be responsible for his/her own future debts, including debt from credit cards, loans, security interest, and mortgages. Divide our debts as follows (list debts and who should pay each one): Debt (describe) Who should pay 1. Petitioner Respondent 2. Petitioner Respondent 3. Petitioner Respondent 4. Petitioner Respondent 5. Petitioner Respondent 6. Petitioner Respondent RCW ,.110,.120,.194 Mandatory Form (05/2016) FL Divorce 223 Motion for Temporary Family Law Order p. 4 of 8

49 11. Do not change insurance No request. Order (check one): my spouse/domestic partner both parties not to make changes to any medical, health, life, or auto insurance policy that covers either spouse/domestic partner or any child listed in 2. That means s/he must not transfer, cancel, borrow against, let expire, or change the beneficiary of any policy. Pay insurance premiums as follows (list policies and who should pay each one): Policy (describe) Who should pay 1. Petitioner Respondent 2. Petitioner Respondent 3. Petitioner Respondent 12. Pay fees and costs No request. Order my spouse/domestic partner to: Pay my lawyer s fees for this case. Amount: $ Make payments to (name): Pay other professional fees and costs for this case. Amount: $ to (name): for (purpose): 13. Restraining Order No request. The Court already signed a Restraining Order on (date): in this case. I am not asking the court to make any changes to this Restraining Order. I ask the Court to remove (terminate) this Restraining Order. I ask the Court to change this Restraining Order as follows (specify): I ask the Court for a Restraining Order (form FL All Family 150) that orders my spouse/domestic partner to obey the restraints and orders checked below. (Check all that apply; also check the and Restraining Order boxes in the form titles on page 1): Do not disturb Do not disturb my peace or the peace of any child listed in 2. Stay away Do not knowingly go or stay within feet of my home, workplace, or school, or the daycare or school of any child listed in 2. Stay away from my home, workplace, or school, and the daycare or school of any child listed in 2. RCW ,.110,.120,.194 Mandatory Form (05/2016) FL Divorce 223 Motion for Temporary Family Law Order p. 5 of 8

50 Do not hurt or threaten Do not assault, harass, stalk or molest me or any child listed in 2; and Do not use, try to use, or threaten to use physical force against me or the children that would reasonably be expected to cause bodily injury. Warning! If the court makes this order, the court must consider if weapons restrictions are required by state law; federal law may also prohibit the Restrained Person from possessing firearms or ammunition. Prohibit weapons and order surrender Do not possess or obtain any firearms, other dangerous weapons, or concealed pistol license until the Order ends, and Surrender any firearms, other dangerous weapons, and any concealed pistol license that he/she possesses to (check one): the police chief or sheriff. his/her lawyer. other person (name):. Other: 14. Other temporary orders No request. (Specify): Reasons for my requests 15. Why are you asking the court for the orders you checked above? (Explain): If you need additional space use the Declaration form FL All Family 135. If you are asking for a parenting plan, also fill out the Information for Temporary Parenting Plan, form FL All Family 139, and a proposed Parenting Plan, form FL All Family 140. If you are asking for child support, also fill out the Child Support Worksheets. If you have received public assistance for any child in this case, also fill out the Public Assistance Declaration, form FL All Family 132. If you are asking for any order involving money (including child support), also fill out the Financial Declaration, form FL All Family 131, and file the required financial records. If you are asking to prohibit weapons or order surrender, give your reasons at the end of this section. If you are asking to change an earlier temporary order, give the date of the earlier order and explain how circumstances have changed since then. RCW ,.110,.120,.194 Mandatory Form (05/2016) FL Divorce 223 Motion for Temporary Family Law Order p. 6 of 8

51 RCW ,.110,.120,.194 Mandatory Form (05/2016) FL Divorce 223 Motion for Temporary Family Law Order p. 7 of 8

52 Reasons for Prohibit weapons and order surrender request (check all that apply): (Name): has used, displayed, or threatened to use a firearm or other dangerous weapon in a felony. (Describe): (Name): previously committed an offense making him or her ineligible to possess a firearm under RCW (Describe): (Name): s possession of firearm presents a serious and imminent threat (harm that may happen immediately) to public health or safety, or to the health or safety of any individual. (Describe): Person asking for this order fills out below: I declare under penalty of perjury under the laws of the state of Washington that the facts I have provided on this form are true. Signed at (city and state): Date: Person asking for this order 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) (If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may use the Notice of Address Change form (FL All Family 120). You must also update your Confidential Information form (FL All Family 001) if this case involves parentage or child support.) Lawyer (if any) fills out below: Lawyer signs here Print name and WSBA No. Date Lawyer s street address or PO box city state zip (if applicable): Warning! Documents filed with the court are available for anyone to see unless they are sealed. Financial, medical, and confidential reports, as described in General Rule 22, must be sealed so they can only be seen by the court, the other party, and the lawyers in your case. Seal those documents by filing them separately, using a Sealed cover sheet (form FL All Family 011, 012, or 013). You may ask for an order to seal other documents. RCW ,.110,.120,.194 Mandatory Form (05/2016) FL Divorce 223 Motion for Temporary Family Law Order p. 8 of 8

53 Superior Court of Washington, County of In re: Petitioner/s (person/s who started this case): No. And Respondent/s (other party/parties): Declaration of (name): (DCLR) Declaration of (name): 1. I am (age): years old and I am the (check one): Petitioner Respondent Other (relationship to the people in this case): 2. I declare: Optional Form (05/2016) FL All Family 135 Declaration p. 1 of

54 (Number any pages you attach to this Declaration. Page limits may apply.) I declare under penalty of perjury under the laws of the state of Washington that the facts I have provided on this form (and any attachments) are true. I have attached (number): pages. Signed at (city and state): Date: Sign here Print name Warning! Documents filed with the court are available for anyone to see unless they are sealed. Financial, medical, and confidential reports, as described in General Rule 22, must be sealed so they can only be seen by the court, the other party, and the lawyers in your case. Seal those documents by filing them separately, using a Sealed cover sheet (form FL All Family 011, 012, or 013). You may ask for an order to seal other documents Optional Form (05/2016) FL All Family 135 Declaration p. 2 of

55 Superior Court of Washington, County of In re: Petitioner/s (person/s who started this case): No. And Respondent/s (other party/parties): Financial Declaration of (name): (FNDCLR) 1. Your personal information Name: Highest year of education you completed: Are you working now? Financial Declaration 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? Your job/profession is: 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 (1) Mandatory Form (05/2016) FL All Family 131 Financial Declaration p. 1 of 6

56 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 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 (5)(g)) Spousal support / maintenance paid Normal business expenses Total Monthly Deductions (add all lines above) You Other Party C. Net Monthly Income 1. Total Gross Monthly Income (from A above) 2. Total Monthly Deductions (from B above) 3. Net Monthly Income (Line 1 minus Line 2) You Other Party RCW (1) Mandatory Form (05/2016) FL All Family 131 Financial Declaration p. 2 of 6

57 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) 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) Your Home Other Party s Home 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 (1) Mandatory Form (05/2016) FL All Family 131 Financial Declaration p. 3 of 6

58 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 Parking, tolls, public transportation payments based on equity in your home 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 Total Health Care Expenses Use section 11 below to explain any unusual expenses, or attach additional pages. RCW (1) Mandatory Form (05/2016) FL All Family 131 Financial Declaration p. 4 of 6

59 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 $ Date: $ Date: $ Date: $ Date: Last Monthly Payment made 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. Source of the money you used to pay these fees and costs: Amount paid $ 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 RCW (1) Mandatory Form (05/2016) FL All Family 131 Financial Declaration p. 5 of 6 Print name

60 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 Partnership or Corporate Income Tax Returns Pay stubs 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). RCW (1) Mandatory Form (05/2016) FL All Family 131 Financial Declaration p. 6 of 6

61 Superior Court of Washington, County of In re: Petitioner/s (person/s who started this case): No. And Respondent/s (other party/parties): Sealed Financial Source Documents (Cover Sheet) (SEALFN) Clerk s action required. For use in Family Law and Guardianship cases. Sealed Financial Source Documents (Cover Sheet) Use this form as a cover sheet to keep your financial documents private from the public. On the first page of each document, write the word SEALED 1 inch from the top of the page. Check the documents you are attaching to this cover sheet to be sealed: Income tax records Credit card statements Checks or the equivalent Check registers Pay stubs or other proof of earnings Bank statements Loan application documents Retirement plan orders Other financial information sealed by court order (specify): Submitted by: Petitioner or his/her lawyer Respondent or his/her lawyer Sign here Print name (if lawyer, also provide WSBA #) Important! The other person and the lawyers in your case can see your sealed documents. If you need to keep your address information private for safety reasons, you may cross out or delete your address information. GR 22(b)(8), (g) Mandatory Form (05/2016) FL All Family 011 Sealed Financial Source Documents p. 1 of

62 Superior Court of Washington, County of In re: Petitioner/s (person/s who started this case): No. And Respondent/s (other party/parties): Sealed Personal Health Care Records (Cover Sheet) (SEALPHC) Clerk s action required. For use in Family Law and Guardianship cases. Sealed Personal Health Care Records (Cover Sheet) Use this form as a cover sheet to keep your personal health information private from the public. On the first page of each document, write the word SEALED 1 inch from the top of the page. Check the documents you are attaching to this cover sheet to be sealed: Health records of any kind (including correspondence) related to a person s physical or mental condition, or payment for health care. Genetic test records for parentage. Submitted by: Petitioner or his/her lawyer Respondent or his/her lawyer Sign here Print name (if lawyer, also provide WSBA #) Important! The other person and the lawyers in your case can see your sealed documents. If you need to keep your address information private for safety reasons, you may cross out or delete your address information. GR 22(b)(3), (g) Mandatory Form (05/2016) FL All Family 012 Sealed Personal Health Care Records p. 1 of

63 Superior Court of Washington, County of In re: Petitioner/s (person/s who started this case): No. And Respondent/s (other party/parties): Sealed Confidential Report (Cover Sheet) (SEALRPT) Clerk s action required. For use in Family Law and Guardianship cases. Sealed Confidential Report (Cover Sheet) Use this form as a cover sheet to keep any confidential part of a report private from the public. On the first page of each document, write the word SEALED 1 inch from the top of the page. Check the reports you are attaching to this cover sheet to be sealed. Only the following parts of these reports are confidential and should be attached: Detailed descriptions of material, or information gathered or reviewed; Detailed descriptions of all statements reviewed or taken; Detailed descriptions of tests conducted or reviewed; or Analysis to support the conclusions and recommendations. (A public version of the report without the confidential parts may be filed separately.) Parenting evaluations Domestic Violence Assessment Reports (from Family Court Services or a court-appointed expert) Risk Assessment Reports (from Family Court Services or an expert) CPS Summary Reports (from Family Court Services or directly from CPS) Sexual abuse evaluations Report from a Guardian ad Litem (GAL) or Court Appointed Special Advocate (CASA) Other (specify): Submitted by: Petitioner or lawyer Respondent or lawyer Other: Sign here Print name (if lawyer, also provide WSBA #) Important! The other person and the lawyers in your case can see your sealed documents. If you need to keep your address information private for safety reasons, you may cross out or delete your address information. GR 22(e), (g) Mandatory Form (05/2016) FL All Family 013 Sealed Confidential Report p. 1 of

64 Superior Court of Washington, County of In re the marriage / domestic partnership of: Petitioner (person who started this case): And Respondent (other spouse / partner): No. Temporary Family Law Order (TFO) Clerk s action required: 1, 12, 13 Temporary Family Law Order Use this form in marriage/domestic partnership cases only. For parentage cases, use form FL Parentage 324. For non-parent custody cases, use form FL Non-Parent Money Judgment Summary No money judgment is ordered. Summarize any money judgments in the table below. Judgment for Debtor s name (person who must pay money) Creditor s name (person who must be paid) Amount Lawyer s fees $ $ Other fees and costs $ $ Other amounts (describe): $ $ Interest 2. Findings Yearly Interest Rate: % (12% unless otherwise listed) Lawyer (name): represents (name): Lawyer (name): represents (name): The (check one): Petitioner Respondent made a Motion for Temporary Family Law Order (form FL Divorce 223) or a Motion for Immediate Restraining Order (form FL Divorce 221) and the court finds there is reason to approve this order. RCW ,.110,.120,.194,.300(2) Mandatory Form (05/2016) FL Divorce 224 Temporary Family Law Order p. 1 of 7

65 Specific findings: 3. Active duty military (The federal Servicemembers Civil Relief Act covers: Army, Navy, Air Force, Marine Corps, and Coast Guard members on active duty; National Guard members under a call to active service for more than 30 days in a row; and commissioned corps of the Public Health Service and NOAA. The state Service Members Civil Relief Act covers Washington state residents who are National Guard or Reserve members under a call to active service for more than 30 days in a row, and their dependents.) None of the parties are covered by the state or federal Service Members Civil Relief Act, OR no party covered by the Acts has asked for a stay. One or more of the parties is covered by the state or federal Service Member s Civil Relief Acts and has not appeared in this case, or has asked for a stay. (Check one): The court signed the Order re Service Members Civil Relief Act (form FL All Family 170) filed separately. The court s order about the service member s rights is in section 14 below. Other Findings: The Court Orders 4. Care of children No request made. This order includes these children: Child s name Age Child s name Age The court signed the temporary Parenting Plan filed separately. The (check one or both): Petitioner Respondent must not take the children out of Washington state. The court will appoint the person below to investigate and report on issues affecting the children (check one): Guardian ad Litem (GAL). The court signed the Order Appointing Guardian ad Litem for a Child (form FL All Family 146) filed separately. Evaluator/Investigator. The court signed the Order Appointing Parenting Evaluator/Investigator (form FL All Family 148) filed separately. RCW ,.110,.120,.194,.300(2) Mandatory Form (05/2016) FL Divorce 224 Temporary Family Law Order p. 2 of 7

66 Other: 5. Provide support No request made. Request denied. The court signed the temporary Child Support Order and Worksheets filed separately. The (check one): Petitioner Respondent must pay spousal support to his/her spouse/domestic partner. Amount: $ per month. Date 1st payment is due:. Day of the month each payment is due:. Make all payments to: the other spouse/domestic partner. Washington State Child Support Registry (available if child support is paid through the Registry). Other (specify):. 6. Family home Other (specify): No request made. Request denied. Stay in the home The (check one): Petitioner Respondent may stay in the family home. Move out The (check one): Petitioner Respondent must move out of the family home by (date):. Other (specify): 7. Use of property No request made. Request denied. Petitioner will possess and use (specify): property in possession now. vehicle/s: other Respondent will possess and use (specify): property in possession now. RCW ,.110,.120,.194,.300(2) Mandatory Form (05/2016) FL Divorce 224 Temporary Family Law Order p. 3 of 7

67 vehicle/s: other Other (specify): 8. Protect property No request made. Request denied. The (check one or both): Petitioner Respondent must not move, take, hide, damage, borrow against, sell or try to sell, or get rid of any property, unless it is a usual business practice or to pay for basic needs. Both spouses/domestic partners must notify the other about any expenses that are out of the ordinary. Other (specify): 9. Household expenses No request made. Request denied. Household expenses must be paid as follows: Expense 10. Divide debts Who pays First Mortgage Petitioner Respondent Second Mortgage/Line of Credit Petitioner Respondent Rent or lease payment Petitioner Respondent Utilities Petitioner Respondent Homeowner s Insurance Petitioner Respondent Property Taxes Petitioner Respondent Vehicle (specify): Petitioner Respondent Vehicle (specify): Petitioner Respondent Child Care Petitioner Respondent Other: Petitioner Respondent Other (specify): No request made. Request denied. The Petitioner and Respondent must: RCW ,.110,.120,.194,.300(2) Mandatory Form (05/2016) FL Divorce 224 Temporary Family Law Order p. 4 of 7

68 Each be responsible for his/her own future debts, including debt from credit cards, loans, security interest, and mortgages, unless ordered differently. Pay debts as follows: Debt (describe) Who pays 1. Petitioner Respondent 2. Petitioner Respondent 3. Petitioner Respondent 4. Petitioner Respondent 5. Petitioner Respondent 6. Petitioner Respondent Other (specify): 11. Do not change insurance No request made. Request denied. The (check one or both): Petitioner Respondent must not make changes to any medical, health, life, property, or auto insurance policy that covers either spouse/ domestic partner or any child named in section 4 above. That means s/he must not transfer, cancel, borrow against, let expire, or change the beneficiary of any policy. Pay premiums as follows: Policy (describe) Who pays 1. Petitioner Respondent 2. Petitioner Respondent 3. Petitioner Respondent Other (specify): 12. Pay fees and costs No request made. Request denied. Request reserved. The (check one): Petitioner Respondent must: Pay the other party s lawyer fees. Amount: $ Make payments to (name): by (date): Pay other fees and costs. Amount: $ Make payments to (name): by (date): RCW ,.110,.120,.194,.300(2) Mandatory Form (05/2016) FL Divorce 224 Temporary Family Law Order p. 5 of 7

69 for: Money Judgment (check one): The amount/s listed above must be paid, but the court is not entering a money judgment at this time. The amount/s listed above shall be entered as a money judgment. (Summarize the money judgment in section 1 above). The interest rate is 12% unless another amount is listed here. The interest rate is % because (explain): Other: 13. Restraining order No request made. Request denied. The court signed the temporary Restraining Order (form FL All Family 150) filed separately in this case number. (Check one): No bond or security is required. The Petitioner Respondent must file a bond or post security. Amount: $ by (date): Any earlier Restraining Order that restrains (name) signed by the court in this case number is terminated. (If you check this box, also check the Clerk s action required box on page 1.) Name of law enforcement agency where the Protected Person lived when the Restraining Order was issued: Clerk s Action. The court clerk must provide a copy of this Temporary Family Law Order to the agency listed above within one court day. The law enforcement agency must remove the earlier Restraining Order from the state s database as described above. Other (specify): 14. Other temporary orders (if any) Ordered. Date Judge or Commissioner RCW ,.110,.120,.194,.300(2) Mandatory Form (05/2016) FL Divorce 224 Temporary Family Law Order p. 6 of 7

70 Petitioner and Respondent or their lawyers fill out below. This order (check any that apply): This order (check any that apply): is an agreement of the parties is an agreement of the parties is presented by me is presented by me may be signed by the court without notice to me may be signed by the court without notice to me Petitioner signs here or lawyer signs here + WSBA # Respondent signs here or lawyer signs here + WSBA # Print Name Date Print Name Date RCW ,.110,.120,.194,.300(2) Mandatory Form (05/2016) FL Divorce 224 Temporary Family Law Order p. 7 of 7

71 In re: Superior Court of Washington, County of Petitioner/s (person/s who started this case): And Respondent/s (other party/parties): No. Restraining Order Temporary (TRO) Final (RSTO) (ORWPNP) Clerk s action required: 7 Restraining Order This order replaces all earlier Restraining Orders restraining the same person signed in this case number. Use a separate order for each restrained person. 1. This Order restrains (name): Restrained Party s Distinguishing Features: Restrained Party s Identifiers Sex Race Hair Height Weight Eyes Caution: Access to weapons: yes no unknown 3. This Order protects (name/s): and the following children, who are under 18 (if any) Child s name Age Child s name Age To the Restrained Person listed in 1: This Order starts immediately, and ends in 12 months or on (date): Warning! You must obey this order. Violation of this order with actual notice of its terms is a criminal offense under Chapter RCW and will subject the violator to arrest (RCW ). This order is enforceable in all 50 U.S. states, the District of Columbia, and U.S. territories and tribal lands (18 U.S.C. 2265). RCW ,.110,.120,.194,.300(2) Mandatory Form (05/2016) FL All Family 150 Restraining Order p. 1 of 4

72 5. Findings Authority: The court has jurisdiction over the parties, the children listed in 2, and the subject matter. Notice: The Restrained Person had reasonable notice and an opportunity to be heard. He/She was notified of the hearing by personal service service by mail allowed by the court service by publication allowed by the court The Restrained Person was was not present at the hearing. The Restrained Person had actual notice of the hearing. other (specify):. Credible Threat: The Restrained Person represents a credible threat to the physical safety of the Protected Person. Intimate Partner: The Restrained Person is/was an intimate partner to the Protected Person (including current and former spouses and domestic partners, parents of a child-in-common, and people who lived together as part of a dating relationship). Military: The (check one): Petitioner Respondent lives in the state of Washington, but was not able to go to the hearing because s/he is an active-duty member of the National Guard or Reserves (or a dependent of one). A failure to act despite the absence of the service member will result in a manifest injustice to the other party. 6. Court Orders to the Restrained Person listed in 1: Warning! You must obey this order until it ends. If you know about this order but do not obey, you may be arrested and charged with a crime. Do not disturb The Restrained Person must not disturb the peace of the Protected Person or of any child listed in 2. Stay away The Restrained Person must not knowingly go or stay within feet of the Protected Person s home, workplace, or school, or the daycare or school of any child listed in 2. The Restrained Person must stay away from the Protected Person s home, workplace, or school, and the daycare or school of any child listed in 2. Do not hurt or threaten The Restrained Person must not: Assault, harass, stalk or molest the Protected Person or any child listed in 2; or Use, try to use, or threaten to use physical force against the Protected Person or children that would reasonably be expected to cause bodily injury. Warning! If the court checks this box, the court must consider if weapons restrictions are required by state law; federal law may also prohibit the Restrained Person from possessing firearms or ammunition. RCW ,.110,.120,.194,.300(2) Mandatory Form (05/2016) FL All Family 150 Restraining Order p. 2 of 4

73 Prohibit weapons and order surrender The Restrained Person must: not possess or obtain any firearms, other dangerous weapons, or concealed pistol license; and immediately turn in any firearms, other dangerous weapons, or concealed pistol license as stated in the Order to Surrender Weapons (form All Cases ), filed separately. Findings The court (check all that apply): must issue the above orders about weapons because: the Do not hurt or threaten restraints are ordered above, and the court found in section 4 that the Restrained Person had actual notice, represented a credible threat, and was an intimate partner. RCW the court finds by clear and convincing evidence that the restrained person has: used, displayed, or threatened to use a firearm or other dangerous weapon in a felony; or previously committed an offense making him or her ineligible to possess a firearm under RCW may issue the above orders about weapons because the court finds by a preponderance of evidence that the Restrained Party: presents a serious and imminent threat to public health or safety, or the health or safety of any individual by possessing a firearm or other dangerous weapon; or has used, displayed or threatened to use a firearm or other dangerous weapon in a felony; or previously committed an offense making him or her ineligible to possess a firearm under RCW Other restraining orders: 7. To the person who asked for this order: Fill out a Law Enforcement Information Sheet (form All Cases ) and give it to the clerk. (Check one): You must notify the other party because neither s/he nor his/her lawyer signed this order or was at the hearing when this order was made. Have someone serve a copy of this order to the other party. After serving, the server fills out a Proof of Personal Service (form FL All Family 101) and gives it to you. File the original Proof of Personal Service with the court clerk, and give a copy to the law enforcement agency listed below. You do not have to notify the other party. The other party or his/her lawyer signed this order or was at the hearing when this order was made. 8. To the clerk: Provide a copy of this Order and the Law Enforcement Information Sheet to the agency listed below within one court day. The law enforcement agency must enter this Order into the state s database. RCW ,.110,.120,.194,.300(2) Mandatory Form (05/2016) FL All Family 150 Restraining Order p. 3 of 4

74 Ordered. Name of law enforcement agency where the Protected Person lives:. The restrained person s information will be removed from the state s database when this Order ends unless the court signs a new Order or extends the end date of this Order. Date Time Judge or Commissioner Petitioner and Respondent or their lawyers fill out below. This order (check any that apply): This order (check any that apply): is an agreement of the parties is an agreement of the parties is presented by me is presented by me may be signed by the court without notice to me may be signed by the court without notice to me Petitioner signs here or lawyer signs here + WSBA # Respondent signs here or lawyer signs here + WSBA # Print Name Date Print Name Date RCW ,.110,.120,.194,.300(2) Mandatory Form (05/2016) FL All Family 150 Restraining Order p. 4 of 4

75 Superior Court of Washington, County of In re: Petitioner/s (person/s who started this case): No. And Respondent/s (other party/parties): Order Appointing Guardian ad Litem for a Child (ORAPGL) Order Appointing Guardian ad Litem for a Child Use this form to appoint a GAL to investigate and report on a child s best interests for a Parenting Plan or Residential Schedule. Do not use this form to appoint a GAL for a minor parent or a child over 2 who is a mandatory party to a parentage case; use form FL All Family 147 instead. 1. A motion to appoint a Guardian ad Litem (GAL) for the children listed below was made by the (check one): Petitioner Respondent Court: Child s name Age Child s name Age The court finds it is in the best interest of the children listed in 1 to appoint a Guardian ad Litem. The court has authority to make this appointment under (check one): divorce (dissolution) law, Ch RCW. parentage law, Ch RCW. non-parental custody law, Ch RCW. domestic violence law, Ch RCW. The court orders: RCW ;.140;.220; ; ; ; GALR Mandatory Form (05/2016) FL All Family 146 Order Appointing Guardian ad Litem for a Child p. 1 of 4

76 3. (GAL s name): is appointed Guardian ad Litem (GAL) for the children listed in 1 above. The GAL must always act in the children s best interests. 4. GAL s Rights All parties must serve the Guardian ad Litem (GAL) with: Notice of any court hearing or proposed agreement involving these children, and Copies of all documents they file in this case. The court clerk must give the GAL free, certified copies of this Order, upon request. 5. GAL s Duties The Guardian ad Litem s (GAL s) duties include: Going to all court hearings and pretrial conferences for this case that are related to the children, unless the court says otherwise, and Helping the parties agree on a parenting plan or other issues in this case related to the children. The GAL is ordered to investigate and file a report only on the issues checked below, unless the court approves investigation into other issues (check all that apply): All issues related to making a parenting plan for these children All issues related to deciding who the legal parents are for these children Whether genetic testing should be done to decide who the legal parents are Whether the children s names should be changed Abandonment or neglect by Petitioner Respondent Criminal history of Pet. Resp. Other: Domestic violence of Pet. Resp. Other: Mental health issues of Pet. Resp. Other: Physical health issues of Pet. Resp. Other: Sexual abuse allegations against Pet. Resp. Other: Substance abuse of Pet. Resp. Other: For cases about changing a parenting/custody order: whether the children have been integrated into the home of the parent who has less time under the current order. Other: Any other issues discovered that could affect the safety of the children. 6. GAL s Report The Guardian ad Litem s (GAL s) report must include: Facts about the issues listed in 5 above. The children s preferences for the parenting plan (if they stated any), Any facts about whether the children stated their preferences voluntarily, and RCW ;.140;.220; ; ; ; GALR Mandatory Form (05/2016) FL All Family 146 Order Appointing Guardian ad Litem for a Child p. 2 of 4

77 Any facts about the children s level of understanding. The report may include recommendations based on the investigation. Deadline! Unless the court extends the deadline, the report must be filed and served on all parties by (date), which is at least 60 days before the trial. The parties (or their lawyers, if any) have the right to inspect and copy the GAL s file of data gathered during the investigation, including the names and addresses of everyone the GAL consulted. Exception: information in the GAL s file that is confidential by law or sealed by a court shall not be shared with the parties or their lawyers. 7. Access to the children and information The Guardian ad Litem (GAL) is allowed reasonable access to the children, and to all records and people with information that affects the children, including: Child care providers Physical and mental health care providers Schools and other educational institutions Law enforcement agencies, Child Protective Services, and the Department of Social and Health Services (or equivalent agencies if outside Washington) Note: agencies may withhold or black out legally protected parts of requested information. 8. Release of information The signatures of parties or children age 12 or older below mean they give permission to the agencies and professionals listed in 7 above to share information about themselves and their children with the GAL. 9. Confidentiality The Guardian ad Litem (GAL) will: Have access to all Superior Court and Juvenile Court files related to his/her duties, including sealed and confidential documents. Exception: The GAL will not have access to information sealed under RCW (7); Keep confidential any sealed and confidential information (unless his or her duties as GAL require otherwise); Tell the court if his/her report includes any sealed or confidential information; and File his or her report in two parts: one public and one sealed as required by GR 22. Any party or the GAL may ask the court to make confidential any reports or documents placed in the file, if there is a good reason to do so. 10. GAL s Fees The Guardian ad Litem s (GAL s) hourly fee is $. The GAL may not charge more than a total of $ without court review and approval. The GAL s fees will be paid as follows (check one): % paid by Petitioner % paid by Respondent RCW ;.140;.220; ; ; ; GALR Mandatory Form (05/2016) FL All Family 146 Order Appointing Guardian ad Litem for a Child p. 3 of 4

78 % paid by (specify): % or $ paid by the County at public expense. However, if the parties financial circumstances change, the court may order the parties to pay the fees according to their ability to pay. Other: Billing Process: The GAL must file an itemized statement of time and expenses with the court and provide a copy to the person/s or entity responsible for payment. The GAL may file any request for payment with the court, along with an itemized statement and a proposed order. 11. Appointment Ends The GAL s appointment ends when the GAL is discharged by the court or earlier if: the final Parenting Plan or Residential Schedule is signed by the court. parentage is decided. other (specify): 12. Other orders (if any): Ordered. Date Judge or Commissioner Petitioner and Respondent or their lawyers fill out below: A party s signature authorizes release of information as described in 8 above. This document (check any that apply): This document (check any that apply): is an agreement of the parties is an agreement of the parties is presented by me is presented by me may be signed by the court without notice to me may be signed by the court without notice to me Petitioner signs here or lawyer signs here + WSBA # Respondent signs here or lawyer signs here + WSBA # Print Name Date Print Name Date Children age 12 or older sign below to authorize release of information as described in 8: Child signs here Print name Date Other child signs here Print name Date Guardian ad litem signs below to accept appointment: GAL signs here Print name Date RCW ;.140;.220; ; ; ; GALR Mandatory Form (05/2016) FL All Family 146 Order Appointing Guardian ad Litem for a Child p. 4 of 4

79 Superior Court of Washington, County of In re: Petitioner/s (person/s who started this case): No. And Respondent/s (other party/parties): Order Appointing Parenting Evaluator/Investigator (ORAPPE) Order Appointing Parenting Evaluator/Investigator 1. A motion to appoint a parenting evaluator/investigator for the children listed below was made by the (check one): Petitioner Respondent Court: Child s name Age Child s name Age The court finds it is in the best interest of the children listed in 1 to appoint a parenting evaluator/investigator. The court has authority to make this appointment under (check one): divorce (dissolution) law, Ch RCW. parentage law, Ch RCW. non-parental custody law, Ch RCW. domestic violence law, Ch RCW. The court orders: 3. (Name): is appointed as a parenting evaluator/ investigator for the children listed in 1 above. RCW ; Mandatory Form (05/2016) FL All Family 148 Order Appointing Parenting Evaluator/Investigator p. 1 of 4

80 4. Duties The evaluator/investigator is ordered to investigate and file a report only on the issues checked below, unless the court approves investigation into other issues (check all that apply): All issues related to making a parenting plan for these children All issues related to deciding who the legal parents are for these children Whether genetic testing should be done to decide who the legal parents are Whether the children s names should be changed Abandonment or neglect by Petitioner Respondent Criminal history of Pet. Resp. Other: Domestic violence of Pet. Resp. Other: Mental health issues of Pet. Resp. Other: Physical health issues of Pet. Resp. Other: Sexual abuse allegations against Pet. Resp. Other: Substance abuse of Pet. Resp. Other: For cases about changing a parenting/custody order: whether the children have been integrated into the home of the parent who has less time under the current order. Other: 5. Report Any other issues discovered that could affect the safety of the children. The Evaluator/Investigator s report must include: Facts about the issues listed in 4 above. The children s preferences for the parenting plan (if they stated any), Any facts about whether the children stated their preferences voluntarily, and Any facts about the children s level of understanding. The report may include recommendations based on the investigation. Deadline! Unless the court extends the deadline, the report must be filed and served on all parties by (date), which is at least 60 days before the trial. The parties (or their lawyers, if any) have the right to inspect and copy the GAL s file of data gathered during the investigation, including the names and addresses of everyone the GAL consulted. Exception: information in the GAL s file that is confidential by law or sealed by a court shall not be shared with the parties or their lawyers. 6. Access to the children and information The Evaluator/Investigator is allowed reasonable access to the children, and to all records and people with information that affects the children, including: Child care providers RCW ; Mandatory Form (05/2016) FL All Family 148 Order Appointing Parenting Evaluator/Investigator p. 2 of 4

81 Physical and mental health care providers Schools and other educational institutions Law enforcement agencies, Child Protective Services, and the Department of Social and Health Services (or equivalent agencies if outside Washington) Note: agencies may withhold or black out legally protected parts of requested information. All parties must give the Evaluator/Investigator copies of court papers as requested by the Evaluator/Investigator. 7. Release of information The signatures of parties or children age 12 or older below mean they give permission to the agencies and professionals listed in 6 above to share information about themselves and their children with the Evaluator/Investigator. 8. Confidentiality The Evaluator/Investigator will: Have access to all Superior Court and Juvenile Court files related to his/her duties, including sealed and confidential documents. Exception: The Evaluator/Investigator will not have access to information sealed under RCW (7); Keep confidential any sealed and confidential information (unless his or her duties as evaluator/investigator require otherwise); Tell the court if his/her report includes any sealed or confidential information; and File his or her report in two parts: one public and one sealed as required by GR 22. Any party or the Evaluator/Investigator may ask the court to make confidential any reports or documents placed in the file, if there is a good reason to do so. 9. Fees The Evaluator/Investigator s hourly fee is $. The Evaluator/Investigator may not charge more than a total of $ without court review and approval. The Evaluator/Investigator s fees will be paid as follows (check one): Other: % paid by Petitioner % paid by Respondent % paid by (specify): 10. Appointment Ends The Evaluator/Investigator s appointment ends when s/he is discharged by the court or earlier if: the final Parenting Plan or Residential Schedule is signed by the court. other (specify): RCW ; Mandatory Form (05/2016) FL All Family 148 Order Appointing Parenting Evaluator/Investigator p. 3 of 4

82 11. Other orders (if any): Ordered. Date Judge or Commissioner Petitioner and Respondent or their lawyers fill out below: A party s signature authorizes release of information as described in 7 above. This document (check any that apply): is an agreement of the parties is presented by me may be signed by the court without notice to me This document (check any that apply): is an agreement of the parties is presented by 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 Children age 12 or older sign below to authorize release of information as described in 7: Child signs here Print name Date Other child signs here Print name Date RCW ; Mandatory Form (05/2016) FL All Family 148 Order Appointing Parenting Evaluator/Investigator p. 4 of 4

83 Superior Court of Washington, County of In re: Petitioner/s (person/s who started this case): No. And Respondent/s (other party/parties): Notice of Hearing (NTHG) Clerk s action required: 1 To the Court Clerk and all parties: 1. A court hearing has been scheduled: Notice of Hearing for: at: a.m. p.m. date time at: court s address in room or department docket / calendar or judge / commissioner s name 2. The purpose of this hearing is (specify): Warning! If you do not go to the hearing, the court may sign orders without hearing your side. This hearing 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) 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. Optional Form (05/2016) FL All Family 185 Notice of Hearing p. 1 of 1

84 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): mail (check all that apply): first class certified other by: mailing address city state zip 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: CR 5(b) Optional Form (05/2016) FL All Family 112 Proof of Mailing or Hand Delivery p. 1 of 2

85 street address city state zip 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 Motion for Temporary Family Law Order and Restraining Order Proposed Temporary Family Law Order Proposed Parenting Plan Proposed Child Support Order Proposed Child Support Worksheets Other: Other: Other: Notice Re Military Dependent Sealed Financial Documents Financial Declaration Declaration of: Declaration of: Declaration of: 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 CR 5(b) Optional Form (05/2016) FL All Family 112 Proof of Mailing or Hand Delivery p. 2 of 2

86 3217EN FILING TEMPORARY ORDERS - EVALUATION FORM 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. 8 th, Suite 275 Vancouver, WA Or to [email protected] 1. Where did you get this packet? CLEAR washingtonlawhelp.org 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 Court Clerk or Facilitator 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: