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