3113EN – Rev. 5/2016
Responding to a
Non-Parent Custody Petition
Forms and Instructions
May 2016
3113EN – Rev. 5/2016
Table of Contents
Section 1: Introduction .................................................................................................... 1
A.
Should I use this packet? ..................................................................................... 1
B.
What if I do not agree with the Petition? .............................................................. 1
C.
What if I agree with the Petition? ......................................................................... 2
D.
What if I agree, but only to Petitioner having temporary custody? ....................... 2
E.
What if I am in the military or the dependent of someone in the military? ............ 3
F.
What if I have questions that this packet does not answer? ................................ 3
Section 2: Forms .............................................................................................................. 3
A.
What forms will I need? ........................................................................................ 3
B.
Where can I get other forms I need?.................................................................... 4
Section 3: Words and Expressions You Should Know ................................................. 6
Section 4: How to Respond to a Petition for Non-Parent Custody ............................ 10
Section 5: Deadlines and Legal Issues ........................................................................ 16
A.
Figure out How Much Time You Have to Respond ............................................ 16
B.
Jurisdiction ......................................................................................................... 17
C.
Decide Whether to File Your Own Motions ........................................................ 19
D.
Dealing with Deadlines ...................................................................................... 19
Section 6: General Instructions .................................................................................... 23
Section 7: How to Fill out Each Required Form........................................................... 28
A.
Response to Non-parent Custody Petition - FL Non-Parent 415 ....................... 28
B.
Confidential Information and Attachment - FL All Family 001 & 002 .................. 29
C.
Notice of Appearance - FL All Family 118 .......................................................... 30
D.
Declaration of: – FL All Family 135 .................................................................... 31
E.
Sealed Personal Health Care Records (Cover Sheet) – FL All Family 012 ....... 33
F.
Sealed Confidential Reports (Cover Sheet) – FL All Family 013........................ 34
Section 8: Instructions for Forms Some Respondents Will Use ................................ 34
A.
Order on Adequate Cause for Non-parent Custody - FL Non-Parent 417 ......... 34
Section 9: If you are in the Military or the Dependent of Someone in the Military ... 36
A.
Waiver of Rights Under Service Member’s Civil Relief Acts Form ..................... 37
B.
Notice of Military Dependent – No Mandatory Form .......................................... 37
Table of Contents | Page 1
3113EN – Rev. 5/2016
Section 10: Filing and Serving your Papers ................................................................ 38
A.
Getting Ready to File and Serve ........................................................................ 38
B.
Filing your papers in court .................................................................................. 39
C.
Serving the other parties .................................................................................... 40
Section 11: The Adequate Cause Hearing ................................................................... 42
A.
Going to the Adequate Cause Hearing .............................................................. 44
B.
What if I disagree with the court’s adequate cause decision? ............................ 46
Section 12: Settling the Case by Agreement ............................................................... 47
A.
Agreement to Join the Petition - FL All Family 119 ............................................ 48
Section 13: If You and another Party Disagree, Get Ready to Go to Trial ................. 49
Section 14: Blank Forms ............................................................................................... 50
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 2016.
© 2016 Northwest Justice Project — 1-888-201-1014
(Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for noncommercial use only.)
Table of Contents | Page 2
3113EN – Rev. 5/2016
Section 1: Introduction
A.
Should I use this packet?
Yes, if you have been served with a Petition for Non-Parent Custody. That petition asks a
court order giving Petitioner permanent legal custody of the child/ren named in the
petition. The person(s) asking for custody is "petitioner(s)." The parents and any other
parties who claim custody or visitation rights are “respondent(s)." The judge can decide
whether the child/ren will live with petitioner and, if so, how much time you may spend
with the child/ren, your ability to make decisions about them, and the child support you
must pay.
This packet does not describe the legal requirements for a non-parent to get legal custody
of the child/ren. These requirements are strict. Usually parents have a right to raise their
children. Our publication Non-Parent Custody: Frequently Asked Questions and Answers,
available at www.washingtonlawhelp.org, has general information.
 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.
You must meet your deadlines! When you get legal papers, figure out quickly how to
respond to the petition and to any motions. If you miss your deadline(s), the other party
may automatically get what they are asking for. It may take time to find legal resources and
read this packet. Start as soon as you get the papers.
Before using this packet, talk with a lawyer with family law experience. Even if you cannot
afford to pay a lawyer to represent you, you should meet with a lawyer for advice or to look
over any papers you have filled out. The “What If I Have Questions” section below has
referral suggestions for free or reduced-cost help.
 If you think the court lacks authority over you or to decide custody, see the
section called “Deadlines and Some Legal Issues.” Then talk with a lawyer.
B.
What if I do not agree with the Petition?
Follow the instructions in this packet for responding and taking part in the case. If possible,
talk to a lawyer. If you file and serve a Response objecting to the petition, and also take
part appropriately in the case, the non-parent should not get permanent legal custody
Responding to a Non-Parent Custody Petition | Page 1
3113EN – Rev. 5/2016
unless the court decides the parent(s) are unfit OR it would be harmful for the child/ren to
live with a parent.
Give the court evidence that you are a suitable custodian for the child/ren and it would not
be harmful to them to live with you. If the child/ren are in your physical custody, tell the
court so. Bring up any concerns you have about Petitioner as a suitable custodian for the
child/ren or concerns about adult members of petitioner’s household.
 If you disagree with the petition but do not take part in the case, the court may
grant Petitioner’s requests.
C.
What if I agree with the Petition?
If you agree the child/ren should be in petitioner’s permanent legal custody, but you do not
agree with other things petitioner asked for, follow the instructions in this packet for
responding and taking part in the case. You may, at the same time, talk with Petitioner to
try to reach agreement on all the issues. If you do reach agreement, see the section called
“Settling the Case by Agreement.” If you do not, get ready for trial.
If you agree with everything requested in the petition and any related paper, such as a
proposed Residential Schedule and Child Support Worksheets, you have at least two
options: signing an Agreement to Join Petition, or signing the final papers. Signing an
Agreement to Join Petition means you agree with the petition’s requests. We recommend
that, instead, you review Petitioner’s proposed final papers and sign them if they correctly
show your agreement. Then you can be surer that the final papers are what you agreed to.
(See the section called “Settling the Case by Agreement.”)
D.
What if I agree, but only to Petitioner having temporary
custody?
If you agree that Petitioner may have temporary custody only, follow our directions for
responding and taking part in the case. At the same time, try to work out an alternative to a
non-parent custody order (perhaps a Temporary Parental Consent Agreement) and for an
order dismissing the Non-Parent Custody Petition.
If this does not work, try to work out temporary family law orders or for a Non-Parent
Custody Order that states the exact time or conditions when you will get the child/ren back
and the contact you will have with the child/ren until that time. If you do not reach an
agreement, get ready for trial.
If the court’s final Non-Parent Custody Order awards Petitioner custody and does not state
how you can/will get the child/ren back, it may be hard to get them back. You will not be
able to get full legal custody back just because your own situation has gotten better. You
would have to show staying with the nonparent would harm the child/ren. See also NonParent Custody: Frequently Asked Questions and Answers.
Responding to a Non-Parent Custody Petition | Page 2
3113EN – Rev. 5/2016
E.
What if I am in the military or the dependent of someone in the
military?
If you are on active duty in the military or the dependent of certain active duty military
members, you may have special legal protections. Before filing anything with the court and
well before your deadline for filing, get legal advice about your rights. Talk with your JAG
office or a lawyer who knows about the federal and state Service Members Civil Relief Acts.
For general information, see the section on military service members and their dependents
later in this packet.
F.
What if I have questions that this packet does not answer?
Talk to a lawyer familiar with family law before filing anything with the court. Many
counties have family law facilitators who can help you fill out forms or free legal clinics
where you may get legal advice about your case.
•
•
•
Do you live in King County? Call 211. 211 is open Monday through Friday
between 8:00 a.m. and 6:00 p.m. From a pay/public phone, call 1-800-621-4636.
211 will identify and refer you to the appropriate legal aid provider.
Apply online with CLEAR*Online - https://nwjustice.org/get-legal-help
Call the CLEAR Legal Hotline at 1-888-201-1014.
Section 2: Forms
A.
What forms will I need?
Most people will need the following forms from this packet:
Form Title
Response to Petition for Custody by a Non-Parent
Confidential Information Form and Attachment
Notice of Appearance
Declaration of:
Proof of Mailing or Hand Delivery
Form Number
FL Non-Parent 415
FL All Family 001 & 002
FL All Family 118
FL All Family 135
FL All Family 112
You may also need the following forms in the Residential Schedules and Child
Support: Non Parent Custody Cases packet:
Form Title
Child Support Worksheets & Washington State
Child Support Schedule
Financial Declaration of:
Sealed Financial Source Documents Cover Sheet
Residential Schedule
Responding to a Non-Parent Custody Petition | Page 3
Form Number
FL All Family 131
FL All Family 011
FL Non-Parent 405
3113EN – Rev. 5/2016
You may use the following forms in this packet:
Form Title
Sealed Personal Health Care Records
Sealed Confidential Report
Order on Adequate Cause for Non-parent Custody
Agreement to Join Petition
Waiver of Rights Under the Service Member’s Civil
Relief Act
Notice of Military Dependent
Form Number
FL All Family 012
FL All Family 013
FL Non-Parent 417
FL All Family 119
No Mandatory Form
Non-mandatory form
If Petitioner requested child support or financial relief, you should gather proof of
your financial situation. You may need:
•
•
•
•
Your last two years of income tax return forms, with your W2’s and other
attachments.
Your pay stubs. In some counties, you may need the last six months, or back to
January 1st. Check your local court rules.
Proof of other sources of income (such as Social Security, unemployment
compensation or TANF).
Some counties require other evidence. Example: six months of bank statements.
Check your local court rules.
B.
Where can I get other forms I need?
You may need more than the forms in this packet to respond to and finalize the case. Read
the information below carefully. Check the boxes by the other packets you need. Use the
checklists at the end of this packet to see if you have filled out the right forms. Get the
other packets you need at www.washingtonlawhelp.org, or, if you are low-income and do
not have internet access and a printer, by calling CLEAR at 1-888-201-1014.
 Residential Schedules and Child Support: Non-Parent Custody Cases - Has forms
and instructions for residential schedules, child support worksheets, the Sealed
Financial Source Documents Cover Sheet, and financial information.
Some counties require a Residential Schedule. This detailed order states the visitation
for the parents if Petitioner has custody and addresses other child-related issues. Even
if you do not need one, you may want a residential schedule anyway, to state a detailed
plan for times the child/ren will spend with each party if Petitioner wins custody. This
form is not used if the court denies the petition.
In most cases where Petitioner gets custody, parent(s) are expected to pay child
support. Most parents will need the child support forms in this packet. The court
should not set child support against a parent who has had no contact with the State of
Washington.
 Declaration about Public Assistance: FL All Family 132 - Get this form at the
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3113EN – Rev. 5/2016
Administrator of the Courts website, http://www.courts.wa.gov/forms. It is not in our
packets. It is optional. Our instructions tell you to serve the State in any case involving
TANF, Medicaid, or foster care. We tell you to get the state’s signature on all default and
agreed orders where the state might have an interest in the child support obligation in
your case. You may need the form if your county requires it or to verify that no public
assistance has been paid or that the children are not in foster care or out-of-home
placement.
 Notice of Address Change (FL All Family 120): If you move during or after your case,
fill this out, file it with the court, and get all other parties a copy. Get this form at
http://www.courts.wa.gov/forms
 Serving Papers on the State - If any party asks for a child support order, and any
children have gotten public assistance (TANF), or medical coupons/Medicaid or are in
foster care or out-of-home placement. You must include the state as a party and serve
them with papers you file.
 County Local Court Procedures, Forms, and Rules – Some counties have special
requirements which are not in this packet. Check with the court clerk or family law
facilitator (if your county has one) for more information.
 Subpoenaing Witnesses and Documents –to make sure important witnesses or
documents are at your trial.
 Motions for Temporary Family Law Orders or Immediate Restraining Orders. The
period between the start and end of the case can be several months or longer. During
this time, the parties may file motions for emergency or Temporary Family Law Orders,
such as for custody, child support, restraining orders, or appointment of a Guardian ad
Litem.
The court issues a Temporary Family Law Order after a hearing. It lasts until the
expiration (end) date in the order, replaced by another Temporary Family Law Order,
or the case ends. The court will issue an emergency order, often without notice to the
other parties, only in urgent situations. An emergency order lasts for only a short time,
usually until there is a Temporary Family Law Orders hearing.
See our packets Filing for Immediate Restraining Orders: Non-Parent Custody Cases or
Filing for Temporary Non-Parent Custody Orders.
 Petition for Order for Protection (Domestic violence: WPF DV 1.015) - to ask for an
Order for Protection as part of your Non-parent custody case or to change your
Protection Order as part of the Non-parent custody case. Get the forms from your
county clerk, domestic violence advocacy program, or online at
http://www.courts.wa.gov/forms. Attaching a Petition for a Protection Order to
your Non-parent custody petition does not give you any immediate protection
order. It only asks the court enter a protection order at the end of your case. (The
“Petitioner” on the Protection Order form is always the protected person, even if s/he is
the respondent in the family law case.)
 Responding to a Motion for Temporary or Immediate Restraining Orders: NonResponding to a Non-Parent Custody Petition | Page 5
3113EN – Rev. 5/2016
Parent Custody – You may be served with Immediate Restraining Orders gotten by
another party or with a motion for Temporary Family Law Orders.
 Appointing a Guardian ad Litem (GAL) - To ask the court to appoint a Guardian ad
Litem to investigate all parties and make a recommendation about the child's best
interests, use our packet Filing for Temporary Non-Parent Custody Orders.
 Finalizing Your Non-Parent Custody Case – This packet has instructions and forms.
The case ends when the court signs final papers, either granting or denying Non-parent
custody or dismissing the petition. Many of the instructions in this packet are from
Petitioner’s point of view. Petitioner typically fills out the final papers if s/he is getting
custody or chooses to drop the case. However, either party may find the general
information about how to finish a case useful. Respondent can use some of the forms in
this packet if s/he wins at trial.
Visit www.washingtonlawhelp.org for a complete listing of publications.
 This packet does not tell respondents how to make claims against other
respondents. Example: If you are a respondent parent and the other respondent
is also a parent, this packet does not tell you how to ask that you, and not the
other respondent, get custody if the court does not give petitioner custody.
Section 3: Words and Expressions You Should Know
Adequate cause hearing (sometimes called threshold hearing): A hearing to decide whether
the non-parent petitioner(s) have presented enough evidence to allow the case to proceed
or whether the petition should be denied before trial.
Alleged father: The man (or men) who might be the father of a child, but whose paternity
has not been legally established. See RCW 26.26.011(3).
Appearance: Informing the court and the parties of your whereabouts and your desire to
participate in your case, either in person at a Court hearing, or in writing, usually by filing
and serving a Notice of Appearance. Certain informal actions, such as negotiating,
telephoning about the case, or writing a letter, that show a knowledge of the claims in the case
and an intent to defend, might also be considered an appearance.
Attachment: a document stapled to a court form and referred to in the form. Attachments
should follow the format rules for court forms. (Basic information about the format rules is
in the General Instructions section of this packet.)
Bailiff: A member of the judge’s staff who is in charge of courtroom procedure and security.
The bailiff may sometimes be the same person as the clerk.
Calendar: The court’s schedule of cases to be heard, also called a Docket.
Caption: The heading of each legal document, which contains the name of the court, the
names of the parties, the case number, and the name of the document itself.
Case Schedule: A printed schedule issued by the court in some counties showing major
dates and deadlines in your case
Responding to a Non-Parent Custody Petition | Page 6
3113EN – Rev. 5/2016
Certified Copy: A copy of a document from the court file made by the court clerk that has
an official stamp on it stating it is a true copy. Usually you must pay for a certified copy.
Clerk of the Court: An officer of the court who handles clerical matters like keeping records,
entering judgments, and providing certified copies. In each courthouse, there is a Superior
Court Clerk’s Office. Someone from the clerk’s office staff is also usually in the courtroom
during hearings.
Commissioner/Court Commissioner: This person is similar to a judge but only makes
decisions relating to a specific subject matter. Many counties have family law
commissioners who decide cases only about family law 1.
Confirm a Hearing or Trial: Notifying the court that you still plan to have the hearing or
trial scheduled in your case. The way to confirm your hearing or trial differs from county to
county and it is not required in all counties. Often a phone call to the court a few days
before the hearing or trial is required. Local rules explain each county’s requirements. If
notice is required and not given, the hearing or trial may be cancelled.
Conformed Copy: A copy of any court document that has been filed with the clerk. It must
be stamped with the date filed. If the document is an order, it must also have the name of
the judge who signed it written or stamped on it.
Contested Case: A case in which opposing parties participate and disagree about the
outcome of the case.
Continuance: Delaying your court hearing to a later date. In some counties the judge must
approve any request for a continuance.
DCS: Division of Child Support: The state office (part of DSHS) that establishes, enforces
and sometimes modifies child support obligations in many cases. DCS used to be called CSD,
OSE and SED.
Declaration: A written statement made to the court under oath.
Default: The failure to respond to court papers within the legal deadline.
Default Order: An order that can be requested if the respondent fails to file a Response
before the deadline, or, if s/he has appeared in the case, if s/he fails to file a Response after
being served with a Motion for Default.
Docket: The court’s schedule of cases to be heard on a particular day.
Ex Parte: Going before the court without notifying the other party. Sometimes also refers
to the courtroom where you see a judge without notifying the other party.
Exhibit: Documents, records, and photographs introduced into evidence at trial or hearing.
Attachments to legal forms might also be called exhibits.
Filing: Giving court papers to the Court Clerk to place in the case file.
1
Many decisions in family law cases are made by court commissioners instead of judges. To make this packet
simpler, in most places we just use “judge.”
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3113EN – Rev. 5/2016
Guardian ad Litem (GAL): a person the court appoints in some cases to investigate the
issues and make recommendations to the court about the children’s best interests. If a GAL
is appointed, s/he is a party and has to be served with papers filed.
Hearing: Going before a judge to request a court order or to defend against another party’s
request. Hearings usually take place before the trial date and concern specific issues for
example, temporary relief. Hearings on important issues, for example, motions to dismiss,
may end the case. In many counties the court does not allow live witness testimony at
hearings, but the parties are expected to file and serve materials in advance in writing. In
some counties, the outcome of certain types of modification cases may be decided by
hearing rather than by full trial.
ICWA: Indian Child Welfare Act, a federal law that applies when a child is or may be an
Indian Child.
Immediate Restraining Order: An order signed by the judge if emergency circumstances
require protection before a temporary hearing can be held.
Involuntary Dismissal: A court order ending the case without petitioner receiving any
permanent relief requested in the petition. An involuntary dismissal usually happens over
petitioner’s objection. A written court order of dismissal needs to be entered if the judge
orally orders the case dismissed. If the case is dismissed, Temporary Family Law Orders
end.
Jurisdiction: The court’s authority to make decisions regarding certain people and issues. If
a court does not have jurisdiction, it does not have the authority to make orders over the
person or issue. In a child custody case there are two types of jurisdiction involved – there is
“subject matter jurisdiction” which is jurisdiction to decide about the custody of the child, and
there is “personal jurisdiction” which is required if the court is to decide about child support
and, in some circumstances, paternity. Sometimes a court will have jurisdiction to decide one
issue but not the others. (This usually happens when the child has been living in a state where
the parent(s) has never lived.)affected.
Motion: A formal request to the court for an order, usually about a specific issue.
Motion Docket: The court’s schedule of motions to be heard.
Note/Notice of Hearing/Note for Motion Docket: A form which lets the clerk know to
schedule a hearing and tells the other parties the subject of the hearing and when and
where the hearing will take place.
Notice of Appearance: A paper filed with the court and served on the other parties showing
that a party wants to participate in the case and where to send papers filed about the case
in the future.
Order: A court document signed by a judge that requires someone to do or not do
something. Restraining orders, orders re adequate cause, Residential Schedules or decrees,
are all examples of orders, if the judge has signed them. If you disobey an order of the court,
you may be held in contempt of court. It is important to notice if an order you are served
with is only a proposed order or if the judge has actually signed it. An order is not in effect
until a judge has signed it. (See “proposed order” definition.)
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3113EN – Rev. 5/2016
Order to Show Cause: A court order scheduling a hearing and requiring a person to come to
court at the time and place set for the hearing.
Other party: Every party to the case, other than yourself.
Party: Anyone listed on the court papers as a Petitioner or Respondent. GALs and the State
of Washington may also be parties.
Petition: The document that starts a case and asks the court for a decree, judgment, or final
order.
Petitioner: The person who first files a legal case. Petitioner in the caption of a form does
not change even when motions are filed later by the other party.
Presumed father: A man who is presumed by law to be the father of a child. You may find
the legal definition of presumed father in RCW 26.26.116.
Pro Se: Acting without a lawyer; representing yourself in court.
Proposed Order: A document one party will be asking the judge to sign. It will not yet have
the judge’s signature on it. Many counties require the parties to file and serve proposed
orders with motions or responses to motions to show how that party wants the court to
decide the motion. Even where proposed orders are not required, we recommend that you
prepare and serve them and deliver copies to the court. A proposed order becomes an
order if the judge signs it.
Residential Schedule: A proposal or, if signed by a judge, a court order which states when
the child will be with each party. In Non-parent; custody cases, if the Non-parents are
awarded custody the court may sign a residential schedule. (The Non-parent custody
residential schedule form differs from the parentage residential schedule form.)
Respondent: The person against whom a legal case was originally filed.
Response: A formal written answer to a Petition filed with the court by the Respondent.
The term can also be used to describe the papers a person files in response to a motion, so
it can be confusing. We will use the word “Response” with a capital “R” to refer to the
Response form. We will say “response” with a small “r” to refer to all types of responses,
including for example, responses to motions as well as to petitions.
Restraining Order: A court order to prevent a party from doing some act that may harm the
other party or child.
Ruling: A decision by the court.
Service: Giving court papers to the other party in a legally correct way. When a petitioner
starts a case, s/he must arrange for the Summons and Petition and other papers that begin
the case to be properly hand-delivered or, in some cases and where allowed where the
respondent cannot be found, sent by certified mail or published in a newspaper. After the
initial Summons and Petition have been served, many later papers can be served by first
class mail, with legally sufficient advance notice.
Settlement Conference: A formal meeting between the parties to a court case and a neutral
third party (such as a judge, retired judge, or attorney not otherwise involved in the case),
during which the parties try to settle, or reach an agreement, about all of the legal issues in
Responding to a Non-Parent Custody Petition | Page 9
3113EN – Rev. 5/2016
their case. Some counties require parties to family law cases to have a settlement
conference before going to trial. Some counties have programs to provide family law
settlement conferences available free of charge.
Summons: A written notice that a case has been started.
Temporary Family Law Order: An order entered after a case is filed and before it is
finished which is only in effect while the case is going on. In some counties, Temporary
Family Law Orders may end at a fixed time, even before the case ends.
Time to Respond: (or deadline to respond): The length of time a party has to respond to
something filed by another party. The length of time to file a Response to a Summons is 20
to 90 days after service, depending upon the type and location of service. The length of time
to respond to motions is usually much shorter.
Trial: The proceeding at which the judge listens to live testimony from parties and
witnesses, considers evidence properly introduced, hears argument, and decides the
outcome of the case.
Venue: The county where the case should be filed. Proper venue depends upon the type of
case.
Waiver: Asking to be excused from something. When you file a motion for a fee waiver,
you’re asking the court for permission to not have to pay the fee.
Working Papers: A copy of papers filed with the court that is delivered in advance of the
hearing for the judge to review. Local rules differ as to whether working papers are
required or, if they are required, when and where they are delivered. Some counties
require working papers to be delivered at or near the time you file a motion or response.
Section 4: How to Respond to a Petition for Non-Parent Custody
These steps describe one way to respond to a petition for non-parent custody. Not every
county handles these cases the same way. The steps might not be identical in your case. We
explain many of these steps in more detail later in this packet.
If a non-parent custody case has been started against you, you should have gotten a
Summons and a Petition. You may also have gotten or may soon get a Motion for Adequate
Cause Decision, an Immediate Restraining Order and Hearing Notice, Declarations, and/or
other papers.
 1. Figure out how much time you have to respond. Look at each paper you got. The
Summons should tell you how much time you have to file your Response. Look also at
the rules in the “Deadlines and Some Legal” section of this packet. Make sure you know
your deadline. Look carefully through all of the papers to see if you were also served
with a motion for Temporary Family Law Orders (Motion for Adequate Cause Hearing,
and/or Motion for Temporary Non-Parent Custody Order and/or Restraining Order).
Deadlines can be different for each pleading. Know your deadline for each.
Put your deadlines here:
Responding to a Non-Parent Custody Petition | Page 10
3113EN – Rev. 5/2016
o
Petition:
-
My deadline to Respond to the Petition is _______________
-
The date of the adequate cause hearing is____________________.
o Adequate Cause Hearing (Fill out these deadlines if you got a Notice of
Hearing for Adequate Cause Determination, or other local court form
scheduling this hearing, with the petition.) If you did not get a paper
scheduling the adequate cause hearing, fill out these deadlines later, if you
get notice of the adequate cause hearing date. You should get notice of this
hearing date, unless you do not file a Response to the petition or unless you
agree to an Order on Adequate Cause for Non-parent Custody.
-
The deadline to respond to the Notice of Adequate Cause Hearing
is _______________.
o Notice re Military Dependent
If you got this notice and are the dependent of a military service member as explained
in the notice, notify petitioner and the court within 20 days after you got the notice.
-
The deadline to respond to this notice is _______________.
o Temporary Family Law Orders (Fill out these deadlines if you got, or later
get, a Motion for Temporary Non-Parent Custody Order or an Immediate
Restraining Order and Hearing Notice.) See the list of publications in Section
1 for resources to respond to these motions.
-
The Temporary Family Law Orders hearing date is _____________.
The deadline to respond to a Motion for Temporary Non-Parent
Custody Order or Immediate Restraining Order (Ex Parte) and
Hearing Notice is _________________.
Put other deadlines here: _________________________________________________________
 2. Read the papers carefully. Read the papers carefully to find out what Petitioner
wants. Use a yellow highlighter pen to mark what you want to respond to. If possible,
take the papers and ask a lawyer (NOT Petitioner’s lawyer) to read through them and
advise you what to put in your response. Look for:
•
•
•
•
The date, time and place of any hearings
Your deadlines
What Petitioner wants
Claims Petitioner has made about you or the case, and what evidence (petition,
declarations and documents) they use to as proof
You must understand what the papers say so you can write a good response and get
ready for your hearings.
 3. If you got served with an Immediate Restraining Order and Hearing Notice,
follow the court order. Once the judge signed it, this Order was effective immediately,
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without advance notice to you. Before the hearing date in the Order, you must follow
the order. 2 Example: Stay away from Petitioner if the order tells you to do so, even if
Petitioner invites you over. If you have questions about the order, or you want to try to
cancel the order before the hearing date, talk to a lawyer.
 4. Make any challenges to the court’s jurisdiction or other legal motions. This
packet does not describe jurisdiction or motions in detail. There are too many different
reasons for legal challenges. The section called “Deadlines and Some Legal Issues” lists
a few issues that might be raised in appropriate cases. Talk to a lawyer.
 5. If you got (or later get) an Immediate Restraining Order and Hearing Notice or
a Motion for Temporary Family Law Orders, get ready for and go to the
Temporary Family Law Orders hearing.
 6. Learn about Local Requirements. Local court requirements will affect how to
handle your case. Many counties have special forms, or have other local rules you must
follow. Many counties require case schedules, classes, or settlement conferences. You
must learn and follow local court requirements.
Call the court clerk or family law facilitator for the court where your case is taking place
to ask about these local requirements. Tell them the kind of family law case you have
(examples: non-parent custody petition, a motion for _____). Requirements may differ,
based on the type or stage of your case.
Read your local court rules. They are available at your county’s law library and often
online at:
http://www.courts.wa.gov/court_rules/?fa=court_rules.local&group=superior
Look at the “Words and Expressions You Should know” section of this packet if you do not
understand something used here.
Find out about at least the following:
•
•
•
•
•
whether the county has its own packets or forms for your type of family law case. If
so, use those instead of ours. If you use our packet, get any local forms you will need
whether case schedules are used (and whether the court requires the person filing
the case to serve the schedule on the other parties)
whether parenting classes, mediation, or settlement conferences are required
whether your county requires a Residential Schedule if the court awards Petitioner
custody
the local procedure and timing for getting an Order on Adequate Cause and, if a party
wants immediate and/or Temporary Family Law Orders, how and when to ask for
them before the court has made an adequate cause decision
2
It is possible to ask the court to vacate (cancel) the order before the hearing date. Until the court vacates or
changes the order, or the order expires, you must obey it.
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•
•
how the court handles background checks and screening3
whether there is any program allowing the judge to appoint a GAL or evaluator at no
or reduced cost, and whether there are special local forms to have a GAL or evaluator
appointed
Scheduling: Counties handle these cases very differently. Example: Some allow
adequate cause hearings or hearings on Temporary Family Law Orders before the
deadline for filing your Response has passed. Others only allow these hearings in the
event of an emergency. Learn and understand your local court procedures.
 Domestic Violence Survivors: If another party has a history of physically harming
you or the child/ren or has threatened to do so, and if you have had a dating,
roommate, marital, or family relationship with that party, file a Petition for an
Order for Protection if you need immediate protection. Protection Orders offer
strong safety restraints. For more information Domestic Violence: How the Legal
System Can Help Protect You, contact your local domestic violence program, or
call the 24-hour domestic violence hotline at 1-800-562-6025. Protection
Orders may be limited in their ability to make residential provisions for the
child.4 If you are not the child’s parent and you need a Protection Order, talk
with a lawyer, if possible.
 7. Gather your evidence. 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 that what you are telling the court is correct or that what Petitioner is telling the
court is not true. Examples include:
•
•
•
•
Declarations of Witnesses – Declarations (sworn written statements) by you and
by other people with personal knowledge about you, the other parties, or the
child/ren. See the section on instructions for the Declaration form for more
information about declarations.
Records –Examples: Bills and receipts, records of past criminal convictions,
medical or mental health treatment, grades and other school records, and daycare
records.
Photos – If they help prove or disprove one of the issues in the case.
Financial Information – If financial issues are included, get evidence of your
income and assets, and maybe evidence of the other party’s income and assets.
Examples: Federal income tax returns, bank account statements, business records,
RCW 26.10.135 says the court must check the judicial information system to look for any information and
proceedings related to the placement of the child before the court grants a custody order in nonparent custody
cases. Ask about the procedures in your county.
Petitioners must also have CPS checks in nonparent custody cases. See also the text later in this packet for an
explanation of additional background checks required in nonparent custody cases.
4
See RCW 26.10.115 (3).
3
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1099 forms, or official letters from Social Security, Labor and Industries (L&I),
Employment Security, or DSHS saying how much you get in benefits.
 8. Decide which forms and packets you will need. Fill out those forms. Most people
will need the Response, Notice of Appearance, Declaration, Confidential Information
Form and attachment, and Proof of Mailing or Hand Delivery. If child support has been
requested, fill out the child support worksheets, financial declaration and sealed
financial source documents form. Gather the proof of your financial situation. Many
people will also need a Residential Schedule form. See Residential Schedule and Child
Support: Non-Parent Custody Cases packet.
 9. Make the Needed Copies of the filled out documents.
 10. File your original Response and other papers with the superior court clerk in
the courthouse of the county where the petition was filed.
 11. Serve the papers on the other parties.
 12. Fill out and file your Proof of Mailing or Hand Delivery.
 13. Read any papers you get in reply to the ones you filed.
 14. File a motion for Temporary Family Law Orders or a motion for Immediate
Restraining Orders, if you want these, and go to the hearing. Get forms and
instructions in our packets Filing for Temporary Non-Parent Custody Orders or Filing
for Immediate Restraining Orders: Non-Parent Custody Cases.
 15. Respond and take part in the Temporary Family Law Orders hearing, if
another party has scheduled one. Forms and instructions to respond are in our
packet Responding to a Motion for Temporary or Immediate Restraining Orders: NonParent Custody. If you are responding to a motion, find out when your response to the
motion is due. It may be due before your Response to the petition.
 16. Get ready for and go to the adequate cause hearing. At the adequate cause
hearing, the court decides whether Petitioner can proceed to trial or to deny (dismiss)
the petition.
 17. File a motion to appoint a Guardian ad Litem, if you want one. If the court
appoints a guardian ad litem (GAL) or custody investigator, cooperate with the
investigation.
In some cases, especially cases where a party is accused of abusing another party or a
child, or is accused of having drug, alcohol or other problems, the court may appoint a
GAL or other investigator. That person investigates the legal claims and circumstances
of the child/ren and the parties and makes a recommendation to the court about what
is in the child/ren’s best interests. The court may also decide to appoint a GAL for other
reasons. Some counties require a GAL investigation in every case. Some courts may
order a CASA or Family Court Services investigation instead of a GAL. Ask the court
clerk or family law facilitator programs are available in your county, what costs are
involved, and what special forms (if any) you need. Any party can ask the court to
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appoint a GAL. The court can also decide on its own to appoint one. Our packet Filing
for Temporary Non-Parent Custody Orders has forms and information.
If you are not sure whether to file a motion to appoint a GAL, read our publication called
How to Work with GAL’s and Parenting Evaluators and Non-Parent Custody: Frequently
Asked Questions and Answers.
 18. Ask for discovery, if you want it. “Discovery” is the process of gathering
information that you may need to reach a settlement or be able to present your case at
trial. Through the discovery process, you can learn about how Petitioner views the
case, and you can ask the other parties or witnesses for information and documents that
could help you prove your case if you go to trial. For more about discovery and how to
ask for it, see a lawyer and read our publication called How Do I “Do Discovery?” Help
with Interrogatories and Requests for Production in Family Law Cases. The family law
facilitator may be able to give some information.
 19. Take part in locally required classes, status or settlement conferences, and
mediation. Many counties require the parties to go to special parenting classes given
by the court. Some counties require mediation, settlement conferences, or status
conferences. Find out the procedures in your county and follow them.
 20. As the case goes on, you must give other parties proper notice of other papers
you file in your case.
 21. Keep for your own records a copy of all documents you file with the court or
get from other parties. Create your own file folder for these papers and take them
with you when you have hearings in your case.
 22. Finalize the case. The case can end by agreement, by default, by dismissal, or by
trial. Our packet, Finalizing Your Non-Parent Custody Case, describes the process for
finalizing, mainly from Petitioner’s point of view. Respondents can use the general
information and the instructions for filling out final papers after trial.
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Section 5: Deadlines and Legal Issues
 If Petitioner did not give you all the legal papers s/he should have, you can ask
the court not to give him/her the relief s/he is asking for. First, write a letter to
the other party or his/her attorney. List the legal papers you believe you should
have gotten but did not. If you get the papers late, or do not get them, put in
your responses that you did not get all the papers as required. Attach a copy of
your letter.
A.
Figure out How Much Time You Have to Respond
When you are served with the petition and other papers, look at each one.
1.
Filing a Response to the petition
Find the form called a Summons. It should have come with the Petition. Your Summons
should say how many days you have to file and serve a Response after the date you gotten
the papers, or look at the deadlines that follow.
If you were served in person in Washington, you have 20 DAYS to file and serve your
Response to the summons and petition. If you were served in person in another state, you
have 60 DAYS to file your Response. RCW 4.28.180 If you were served by publication, you
have 60 DAYS from the date of first publication to file your Response. If you were served
by mail, you have 90 DAYS from the date the petition was mailed to file your Response. CR
4(d)(4). 5
2.
Responding to motions other than a motion for default
If you are served with a Motion for Temporary Family Law Orders or an Immediate
Restraining Order and Notice of Hearing, or notice of the date of the Adequate Cause
hearing, you may have much less time to file and serve a response to the motion than you
have to file the Response to the petition, sometimes only a few days (or for emergency
motions, maybe even less). For non-emergency motions, the moving party must give you
notice as many days before the hearing as your county’s local rules require. In some
counties, you must get the papers for a motion at least five court days before the hearing,
not including weekends or the date that the papers are given to you. 6 In other counties or
for some motions, you must get longer notice. In many counties, the adequate cause
hearing cannot take place until after your deadline to Respond to the petition. Determine
whether you got enough notice.
5
In general, personal service within the state is required where it is possible. In a few cases, the court may allow
service by mail or publication. See CR 4, CR 4.1, and RCW 4.28.100(5).
6
CR 6(d).
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 If the notice for the motion hearing does not state your deadline, immediately
call the court clerk or family law facilitator, or check your local court rules. In
most counties, you must file and serve your response to a motion no later than
one court day before the hearing on that motion. 7 In some counties, you must
file and serve the response four or more days before the hearing.
 If you do not file a response in time, the judge automatically may automatically
give the moving party everything s/he asks for. If you file a response, but do not
go to the hearing, the court at that hearing may give the other party what s/he
has asked for.
See more information below about deadlines and responding.
3.
Responding to a motion for default
If you are served with a Motion for Default, you must file and serve your declaration in
response to the motion and your Response to the petition before the deadline on this
motion. Otherwise the judge may grant all Petitioner’s requests. If you are served with a
Motion for Default and have not yet appeared in the case, you may also need court
permission to file and serve your Response. 8
There is more information below on dealing with deadlines.
 If you do not respond on time, the judge may automatically give the moving
party everything s/he asks for. If you file and serve a Response, but do not go to
a hearing, at that hearing the court may give the other party what s/he has
asked for.
4.
Responding to a Notice re Military Dependent
If you are the dependent of someone in the military as described in this notice, you have 20
days to inform Petitioner and the court of your dependent status. See the section of this
packet called “If you are in the Military” and contact a lawyer.
B.
Jurisdiction
1.
Does the court in Washington have jurisdiction over me
(personal jurisdiction)?
7
CR 6(d).
See CR 55(a)(2). This packet does not tell you how to get court permission. If you are unable to file a formal
motion for court permission before the hearing on the motion for default, at least fill out your Response and
declaration, file and serve both, go to court for the default hearing, and ask the judge’s permission to take part at
the hearing.
8
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The court in Washington may be able to decide child custody, even if you have never lived
in Washington or had significant contacts with this state. However, if you have not lived
here or had significant contacts with this state, Washington may lack personal jurisdiction
to order you to do certain things, such as pay child support. 9 If you think Washington
may lack jurisdiction over you, you must challenge Washington’s jurisdiction before
filing anything with the court. For help deciding whether Washington has jurisdiction
over you, talk with a lawyer.
2.
Does the court have jurisdiction to decide custody (subject
matter jurisdiction)?
If another state or tribal court has already entered a custody order (for example, in a
divorce case), or your child/ren have not lived in Washington for very long before the
petition for non-parent custody is filed, the Washington court may lack jurisdiction to
decide custody of your child/ren. Whether Washington has jurisdiction to decide custody
(subject matter jurisdiction) is determined by the Uniform Child Custody Jurisdiction and
Enforcement Act (UCCJEA), RCW Ch. 26.27
If Washington lacks jurisdiction, the court here should not decide custody. For more
information about the UCCJEA, talk with a lawyer. Our publications Non-Parent Custody:
Frequently Asked Questions and Answers and Which Court Has the Right to Enter Custody
Orders? Questions and Answers about Jurisdiction have basic information.
3.
What if I think the court lacks jurisdiction?
Talk to a lawyer. If you are low-income, call CLEAR at 1-888-201-1014.In King County, call
the King County Bar Association Neighborhood Legal Clinics program at (206) 267-7070
between 9:00 a.m. and noon, Monday – Thursday for an appointment at a free family law
clinic.
If you think the court lacks personal jurisdiction, do not do anything that could give the
court jurisdiction, such as signing agreed orders, requesting something from the court,
filing papers that fail to raise your jurisdiction defense, or showing up at a hearing
WITHOUT CONTESTING JURISDICTION AT THE START OF THE HEARING. If you do not tell
the court you do not think it has personal jurisdiction right at the start, you will probably
lose your chance to object. 10 You can object to jurisdiction over your children (subject
matter jurisdiction) at any time. But it is best to do so early in the case. 11
You may decide to file a motion to dismiss for lack of jurisdiction. Talk with a lawyer. This
packet does not help do that.
4.
What if the child is an Indian Child?
If a child is a member of an Indian tribe or eligible for membership in an Indian tribe and
the child of a tribal member, the federal Indian Child Welfare Act (ICWA) applies to the case.
The court in Washington may not have jurisdiction to decide custody. If it does have
9
A child support obligation may still be established through interstate procedures.
CR 12 (b),(g),(h).
11
CR 12(h)(3).
10
Responding to a Non-Parent Custody Petition | Page 18
3113EN – Rev. 5/2016
jurisdiction, special rules apply. Our publication Non-Parent Custody: Frequently Asked
Questions and Answers has basic information about ICWA. If the child/ren are or may be
Indian child/ren, immediately tell the court and Petitioner in writing in any papers you
file and orally at any hearings.
5.
What if there is a juvenile court case about the child/ren?
Superior court may not be able to decide Non-parent custody unless the juvenile court
grants concurrent jurisdiction to superior court. Or, juvenile court may be able to decide
the non-parent custody issues 12. If you are the parent of a child in a dependency, give your
public defender copies of the non-parent custody papers you got. Tell the court and other
parties in writing and at hearings if there is a dependency case concerning the child/ren.
C.
Decide Whether to File Your Own Motions
You may need or want to file your own motions if, for example:
• you believe the court has no jurisdiction
• you deny that adequate cause exists
• the child is an Indian child
• you are on active duty in the military or the protected dependent of a service
member on active duty
• you want immediate restraining orders or temporary family law orders, or the
appointment of a custody evaluation or GAL(see discussion in Section 3 above)
If you decide to file motions, try to do so before the hearing on motions scheduled by
another party. If you do that, you may be able to schedule your motions to be heard on the
same day as the other party’s.
If you do not know whether to file a motion, talk with a lawyer. (See also the list of selfhelp publications in Section 1 for resources on emergency and Temporary Family Law
Orders and GALs.)
D.
Dealing with Deadlines
 If you are in the military, or the dependent of someone who is, you may have
special legal rights. The section of this packet called “What If I am in the
Military?” has only very basic information. Talk to a lawyer before filing papers
with the court and well before your legal deadline to respond to the legal papers
you got.
12
See RCW 13.34.155
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 If you deny that the court has jurisdiction, you must contest jurisdiction before
you file and serve your court forms. If that is not possible, at least contest
jurisdiction at the beginning of your responses.
1.
Meet your Deadlines
Review the deadlines you calculated. Make sure you file and serve papers before those
deadlines. The deadline for responding to a motion is often shorter than the deadline to file
a Response to the Petition. If hearings are coming up in your case, be sure to deliver
working papers in advance for the judge, if your county requires it. Check with the court
clerk or family law facilitator about the deadlines and the need for working papers. If you
miss a deadline, file and serve your papers anyway and go to the hearing. If the other party
objects at the hearing, try asking for a continuance of the hearing so that the court will
consider your papers.
2.
If You Need More Time
To Respond to the Petition: If you do not have your Response filled out, at least file and
serve a Notice of Appearance and respond to motions that have been filed. If you file and
serve a Notice of Appearance, or if you file and serve motions, or if you appear at hearings,
Petitioner should give you notice before asking the court for an order of default against you.
File your Response as soon as possible. If you are served with a Motion for Default, you
must file your declaration in response to the motion and your Response to the petition
before the deadline on this motion, or the court may grant all the moving party’s requests.
If you are served with a Motion for Default and have not yet appeared in the case, you may
also need to get court permission to file your Response. 13
To respond to motions (other than a Motion for Default): Make sure you have filed and
served a Notice of Appearance. Do not ignore a hearing, even if you got short notice! If you
did not get legally adequate notice of the hearing on a motion, the court should not enter an
order against you on the hearing date. The court will not always know you got short
notice. You must explain this both in a declaration you file in response to the motion and in
person at the hearing. You can ask for a continuance (delay) of the hearing, but still be as
ready as possible for the hearing in case the court denies your request.
If you got enough notice according to the rules but simply do not have enough time to
respond, you may still try to get a continuance. As soon as you know that you want a
continuance, contact every other party if possible (or their lawyer, if they have one). You
may call if there is not much time until the hearing, but contacting the person in writing (by
email or fax) is best. State that you need more time to respond to the papers. Ask for a new
date for the hearing. Depending on your reasons for asking for the delay, you could ask for
a week or longer.
13
See CR 55(a)(2). This packet does not t explain how to ask for court permission. If you are unable to file a formal
motion before the hearing on the motion for default, at least fill out your Response and declaration, file and serve
both, go to court for the default hearing, and ask the judge’s permission to take part at the hearing.
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 You must ask for a continuance before the hearing if you know you need one. If
you do not, and you just show up for the hearing and ask there, the judge may
order you to pay the other party for having to waste time appearing for the
hearing if you could have asked for a continuance in advance. This is especially
true if another party has a lawyer. The other party will need to pay the lawyer
for his/her time even if there is no hearing.
If the moving party agrees to the continuance, ask for a letter, fax, or email confirming that
they have rescheduled the hearing. If you do not get written confirmation, you should
assume the hearing is still taking place. Get ready for it and go to it. In a few counties, the
court might need to approve any continuance.
If the other party will not agree to continue the hearing, you can:
1. Respond as best you can. Get ready for the hearing. Respond in some way if
you can. The very first thing to say in your declaration is that you want a
continuance. If you did not get enough notice, say so. If you did, but you need
more time, say so. Describe your efforts to get an agreement for the continuance.
Also file and serve a Notice of Appearance if you have not already done this.
2. Make a Motion for Continuance. In many cases, you may not have enough time
to give the other parties the amount of notice required for a motion for
continuance. You may need to get an Order Shortening Time (an order allowing
you to bring your motion on less than the required time. This packet does not
cover this type of motion). Your family law facilitator may have more
information about how to ask for a continuance or an order shortening time in
your county court.
3. Ask for a continuance at the hearing. Go to the hearing. When your case is
called, stand up. State your name and that you would like a continuance. The
judge may ask your reasons and may listen to the other party’s reasons why s/he
objects. If you tried to get the other party to agree before the hearing, let the
judge know that.
The court will not always allow a continuance. Be as ready as you can be to have the
hearing on the original date.
To respond to a Motion for Default. You may try to get a continuance of the hearing date
as described above. If the hearing is not continued (postponed), you must:
1. file and serve your Response to the petition before the deadline to respond to
the motion for default.
2. file and serve your declaration in response to the motion before the deadline to
respond to the motion for default.
3. if the motion for default was filed before you appeared in the case, you may need
court permission (called “leave of court”) to Respond. This packet does not have
those forms.
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4. Go to the hearing or verify that it has been cancelled.
If you do not do these things, the court may enter a default judgment against you. Your
declaration should ask the court to deny the motion, explain that a Response to the Petition
is now filed and served, and try to include any explanation for the late filing of your
Response.
3.
If you are already late in filing a Response to the Petition
If your deadline for filing your Response to the petition has passed, you might still be able
to respond to the petition. Check at the court clerk’s office whether there is a Motion for
Default, an Order on Motion for Default or final orders in your court file.
If the judge has not yet signed a default order, file and serve a Notice of Appearance (or file
and serve a declaration to tell the court if you think the court has no jurisdiction over you)
immediately. Then file and serve your Response as soon as possible.
If you are served with a Motion for Default, or a Motion for Default has been filed with the
court, filing a Notice of Appearance is not enough. You must file and serve both a Response
to the petition and a declaration in response to the motion for default before the deadline
to respond to the motion for default. You must also go to the hearing on the motion (or
verify that the hearing has been cancelled). Your declaration should ask the court to deny
the motion, explain that you have now filed and served a Response to the petition, and
include any explanation for the late filing of your Response. If the motion for default was
filed before you appeared in the case, you may need court permission ( “leave of court”) to
Respond. This packet cannot help with that.
When you check with the clerk, if you learn that the court has already entered an order of
default against you or final orders, you must act very quickly to ask the court to cancel
those orders. See our packet called Filing a Motion to Vacate a Judgment/Order in a Family
Law Case and talk with a lawyer.
4.
If the hearing on a motion already happened
If you find out that a hearing on a motion already happened, or that the court has entered
orders against you, for example on a motion for temporary family law orders, talk with a
lawyer as soon as possible.
 If you cannot afford a lawyer and live outside of King County, contact CLEAR 1888-201-1014. If you live in King County, contact the King County Bar
Association Neighborhood Legal Clinics program.
You may be able to ask the court to vacate (cancel) the orders. You must do so very quickly.
The longer you wait, the harder it will be for you to vacate the orders.
Even if you missed the hearing on a motion, you can still file and serve a Response to the
Petition unless the court has entered a Default Order against you. (See the box above if a
motion for default has been filed but you have not appeared in the case.)
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Section 6: General Instructions
These general instructions apply to all forms you fill out. The instructions cover all
types of family law cases. Some of the information may not apply to your case. 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 where the case was filed in the
blank space where the form reads "Superior Court of Washington County of
." (If you
are not sure, see the Summons.)
Case name. On the left side just below “In Re the Custody of,” copy the case name from the
Petition.
Case number. When Petitioner first files the papers to begin the case and pays the filing fee
(or has the fee waived), the court clerk will assign 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 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. It does not matter if the case number is written or stamped. If you
are filing a 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 they may be returned to you. Some
courts will also 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 pre-printed on the form. Sometimes you must add more
information to finish it. (Example: on a declaration, you put the name of the person
completing 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 and you may write on only one
side of the paper. The first page of each paper that you file must have a 3-inch
margin (3 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 that all documents be typed. After
filling out each form, re-read it to be sure you have correctly filled in all the blanks you
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3113EN – Rev. 5/2016
need to. If you have to make corrections, be sure the correction is neat and readable. Do not
write in the margins of any page or 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. Dates in orders will be filled in
by the judge 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. On the last page of this
motion, you must fill out and sign the section called Person making this motion fills out
below.
When you prepare an order and plan to present it for the judge to sign, look for the place at
the end for your signature. Check is presented by me.
Judge’s Signature: Leave the judge’s signature line and the date blank.
Other party’s signature: Some forms have a place for other parties to sign. You cannot
force another party to sign a court paper. 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.
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.
May be signed by the court without notice to me. If you are the respondent or nonmoving
party, or if 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 certain information in court files. The three boxes discuss these rules: GR 15, GR 22 and
GR 31.
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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.
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.
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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.
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This case type is for a
divorce. Yours may be
different.
Put the county where you
are filing this form.
Put the case number.
The court clerk assigns
this number when the
Petitioner files the case.
Superior Court of Washington, County of
In re the marriage of:
Petitioner (person who started this case):
Jane Brown
No.
Notice of Hearing
(NTHG)
And Respondent (other spouse):
This is the form’s title.
 Clerk’s action required: 1
John Brown
Sample Form - Notice of Hearing
To the Court Clerk and all parties:
1.
A court hearing has been scheduled:
for: May 15, 2016
at: 9:30
date
a.m.
p.m.
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
Jane Brown
Jane Brown
Respondent or his/her lawyer
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 cas
This does not have to be your home address. If this
at:
5252 A Street
address
Treelane
city
WA
state
98888
zip
(Optional) email: [email protected]
Responding to a Non-Parent Custody Petition | Page 27
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.
3113EN – Rev. 5/2016
Section 7: How to Fill out Each Required Form
A.
Response to Non-parent Custody Petition - FL Non-Parent 415
 If you do not live in Washington, or if you are not sure Washington has
jurisdiction over you or the children, talk to a lawyer before filing a Response.
See the information about jurisdiction in the section called “Deadlines and Some
Legal Issues.”
 If you are in the military, or the protected dependent of someone in the military,
talk to a lawyer or the JAG office before Responding to the petition and before
your deadline to Respond.
 If you do not file and serve this form before your deadline, Petitioner may ask for
an order of default and request that the court grant all his/her requests with no
further notice to you.
The Response is your chance to answer what Petitioner said in the Non-parent custody
petition. It will tell the court what you do and do not agree with. Look at the petition while
filling out the Response form.
Caption. Fill out the caption as described in the General Instructions.
1. Your response. Follow the instructions in answering this section. For any section you
check "I disagree," explain why in the section starting on page 2. Here are some tips:
1.9. Personal jurisdiction over Respondents. Jurisdiction is what gives the court
authority to make decisions about you. If you have never lived in Washington, talk with a
lawyer.
1.13 & 1.14 Are any of the children Indian Children & Jurisdiction of Indian Children.
If any of the children is an Indian child, talk to a lawyer who knows the Indian Child
Welfare Act (ICWA). ICWA’s procedures and requirements are complicated. Our
publication called Indian Child Welfare Act has general information.
1.15. Jurisdiction over the children. For more information on deciding whether
Washington has jurisdiction over your children, talk with a lawyer. Our publication Which
Court Can Enter Custody Orders: Frequently Asked Questions and Answers about
Jurisdiction has basic information.
2. Request. Check the box showing what you want.
3. Respondent’s visitation. Check the first box if you are submitting your own proposed
residential schedule. Check the second box and fill out the blank if you have a different
request.
4. Protection Order. Check no and skip to 5 if you do not want this. Check yes if you do
want this and follow the instructions in this section. Check the third box if true in this case,
and fill out the blanks.
5. Restraining order. Check no and skip to 6 if you do not want this. Check yes if you do
want this and then check the boxes and fill out the blanks showing what restraints you
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want. If you check Prohibit weapons and order surrender, you should check police chief or
sheriff.
6. Fees and costs. Check the first box and skip to 7 if you do not want another party to pay
your fees and court costs. Otherwise, check the second box.
Respondent fills out below: Check the box if it applies and put the number of pages you
are attaching. Then put the place and date you are signing this response, and sign and print
your name where indicated. Check the following address and put an address where you
will reliably and quickly get mail.
 If the mailing address you use in the Response or Notice of Appearance later
changes, you must fill out, file and serve a Notice of Address Change, FL All
Family 112. Use the Proof of Mailing or Hand Delivery form and procedure to
show you have given notice. You must also complete and file with the clerk (but
not serve) an updated Confidential Information form.
B.
Confidential Information and Attachment - FL All Family 001 &
002
In family law cases, you must give the court information about your address and phone
number, your social security number, date of birth, driver’s license, and the name and
address of your employer, as well as certain information about the other people involved in
the case. 14
Fill out this form and file it with the clerk. Keep a copy for yourself. Do not serve it on the
other parties.
The Confidential Information Form is normally not available to the other parties or the
other parties’ lawyers. The info in the form could go to DCS (Division of Child Support) and
other parts of DSHS (Washington State Department of Social and Health Services). They
may release info in this form to another party. Another party could get access to this form
by following certain court procedures.
 When your address changes, you must update the court by filing a Notice of
Address Change, even after your case is final. If you do not, legal papers may go
to you at your old address. The court may enter orders against you without
actual notice to you. 15
1. Put your name, the county where the case is filed, and the case number. If you have
no case number yet, put the case number when the clerk gives it to you.
2. Check yes if restraining order protection orders are currently in place. In the blank,
put who the orders protect. If the orders go into effect later, file a revised and
14
RCW 26.23.050(5)(l) & (7); GR 22(g) & (h).
RCW 26.23.055(2) & (3).
Responding to a Non-Parent Custody Petition | Page 29
15
3113EN – Rev. 5/2016
updated form. Check no and skip to 3 if there is no current restraining order or
protection order in place.
3. Check the first box if you believe the safety of an adult or child would be at risk by
listing your home address. In the blank, explain why.
4. Your Information: In the first table, put the info requested about yourself,
including your driver’s license number and social security number (if you have
these). Skip the second table.
5. Other Party’s Information: In the first table, put as much of the info requested
about the other party as you can. Skip the second table. Use the Attachment if there
is more than one other party.
6. Children’s Information: Put as much of the info requested about the children as
you can.
7. Have the children lived with anyone other than… Check no and skip to 8 if the
children have only lived with Petitioner or a respondent in the past five years. Check
yes if the children have lived with someone besides Petitioner or Respondent/s in
the past five years. Put the info requested.
8. Do other children (not parents)… Check no and skip to 9 if only Petitioner and
Respondents have custody or visitation rights. Check yes if other people besides
Petitioner and Respondents have custody or visitation rights. Put as much the info
requested about those people as you know.
9. If you are asking for custody and are not the parent… List any other adults living
in your home. Use the Attachment if there are more than two other adults living in
your home.
Sign and date the form and put the place you signed it.
C.
Notice of Appearance - FL All Family 118
A notice of appearance lets the court and other parties know that you are taking part in the
legal action. It also gives you some protection if you do not file your Response to the
petition by the deadline in the summons. If you file and serve a Notice of Appearance,
Petitioner should not be able to get an order of default against you without first giving you
notice of the motion for default. If you get a motion for default, you must file and serve
both a declaration in response to the motion and your Response to the petition. See Section
4 above.
If you are in the military, or the dependent of someone in the military, talk with a
lawyer or the JAG office before filing and serving a Notice of Appearance and before
your deadline to Respond to the petition.
A notice of appearance will not protect you from having orders entered at motions
hearings (example: temporary custody or adequate cause).
You must use this form to tell the other party where they should send you notice about the
case.
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3113EN – Rev. 5/2016
Fill out the caption.
1. Print your name.
2. Do not make any changes to this section.
3. Put your mailing address. If you are afraid to give your address to the other party,
use a different mailing address. Make sure it is one where you will know
immediately if papers arrive about your case.
4. You can put an additional address if you want.
5. Sign and date where indicated.
 If the mailing address you use in the Notice of Appearance later changes, you
must file a Notice of Address Change form, available at
http://www.courts.wa.gov/forms. File this notice with the court and provide a
copy to the other parties. Use the Proof of Mailing or Hand Delivery form, FL All
Family 112, and procedure to show notice has been given.
D.
Declaration of: – FL All Family 135
Use this form if you have people adding evidence to help you prove your claims in your
Response. A Declaration is a statement, sworn to be the truth under penalty of perjury, by
anyone with direct knowledge about the issues in your motion. People who might make
declarations for you include relatives, friends, teachers, counselors, or anyone else who has
directly seen, heard, or otherwise witnessed important events in your case. The
declaration should give the important facts this person adds to your case.
 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
 The person making the declaration is the Declarant.
Put the most important points at the start. Less important points should come later.
The declarant should base his/her statement on his/her own personal knowledge (what s/he
saw or experienced firsthand), not what someone else told the declarant. Exception: the
declarant may talk about what one of the other parties has said.
The declarant should explain how well 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 15 years. I see him almost every day at the office. Also, because our
sons are on competing soccer teams, I have seen him coaching his son’s games three or four
times this season. He has invited me into his home a two or three times for dinner with his
family over the years I have known him.”
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The writer must type the declaration or print it neatly in black or dark blue ink. (A few
courts require that you type all declarations.) If the declaration is hard to read, the judge may
not try.
 Do not make the declaration too long.
Stick to issues the judge will be deciding. Be specific on those issues.
•
•
In a custody or visitation dispute, general statements, such as “she is a bad mother,”
or “the children are much happier now living with Mary,” do not help. The
declaration should describe specific things, and state when and where incidents
occurred. Example: “I live on the same street as Joe. About a year ago, Joe knocked
over our mailbox while driving. I ran out to the street to see what had happened. Joe
was standing next to his car. I smelled liquor on his breath. I have seen him weaving
down the road in his car three other times this year.”
In a child support dispute without custody or visitation issues, the above type of
statement may not be relevant to the issues before the court. If it is not relevant,
do not include it.
Attach extra pages to the declaration if you need more space. Any extra pages should also
have margins of at least one inch. You should number all the pages at the bottom.
 Some courts limit the number of pages you can file with a motion. Check your
local rules, or ask the court clerk or facilitator.
If you attach documents to declarations, such as printouts of bills, school records, medical
or treatment records, police records, and so on, refer to them in the declaration and call the
attached documents exhibits and number them Exhibit Number 1, Exhibit Number 2, and
so on.
•
•
If the papers you are attaching do not require a sealed cover sheet (see the General
Instructions section), staple them to the declaration.
If the papers you are attaching have personal medical or mental health information,
or financial records, or confidential court reports, put an exhibit number or letter on
each paper you are attaching. When the declarant mentions that paper, they should
use that exhibit number or letter and put it is “filed with the Sealed Personal Health
Care Records cover sheet on _______________ (date).” Do not staple the paper to the
declaration. Attach it to the appropriate Sealed Cover Sheet form before you file and
serve it. We describe the sealed cover sheet forms elsewhere in this packet. (Also
see the General Instructions section about what 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
any other information is added. This way, you will have blank forms with just the caption
on them, so you may give a copy to each witness to fill out and have one for you to use,
where necessary.
On the right side of the caption, after the words “declaration of…,” put the declarant’s name.
Do the same next to Declaration of under the caption.
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1. In the first blank, put the declarant’s name. In the second age, put the declarant’s age.
Check the box showing who the declarant is. If you check other, explain in the blank
(examples: “petitioner’s friend,” mother’s counselor,” “child’s daycare provider”).
2. I declare. The declarant should type or print neatly in black ink the information s/he
wants to tell the judge. (A few courts require all declarations to be typed.) Follow the
suggestions in section a.
I declare under penalty… The declarant must check the box and put the number of pages
s/he is attaching if the declaration is longer than two pages.
Signed at: The declarant puts the place and date s/he is signing this declaration.
Underneath, s/he signs and then prints his/her name.
E.
Sealed Personal Health Care Records (Cover Sheet) – FL All
Family 012
Unless a local procedure requires otherwise, you must use this form whenever you file any
papers with the court that mention any kind of health care – mental or physical health care,
health insurance, or medical bills -- to make sure the records are not available to the public.
Use this cover sheet on any records/correspondence with info relating to someone’s
past/present/future physical or mental health condition, including past/present/future
payments for health care.
Some of the papers you should use this cover sheet for are:
•
•
•
•
•
•
•
•
•
•
Medical/mental health records and bills
Letters/declarations from doctors and counselors
medical bills and statements of medical coverage (or denial)
cost estimates for medical care
social security and L&I and other disability program letters and records
medical evaluations
medical insurance records
dental records
records of alternative health care practitioners such as massage therapists,
acupuncturists or chiropractors
genetic parentage testing.
Put this cover sheet on declarations that mention medical or mental health conditions.
Keep a blank copy of this form. You might need to file more health care records later.
Attach the confidential personal health care records to this form.
Instructions for Filling Out the Form:
1. Fill out the caption.
2. Check the boxes showing what type of records you are attaching.
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3. Submitted by: Check the box that applies to you. Sign and print your name.
F.
Sealed Confidential Reports (Cover Sheet) – FL All Family 013
This is the cover for some confidential reports filed with the court, including the following
when intended as reports to the court in a family law case:
•
•
•
•
Parenting evaluations
Domestic Violence Assessment Reports created by certain qualified people
CPS reports
See the form for other types of reports
The person preparing the report must also file a public portion listing just the materials or
information reviewed, the individuals contacted, the tests conducted or reviewed, and the
conclusions or recommendations reached.
Instructions for the Sealed Reports form:
1. Caption. Fill out the caption.
2. Check the boxes next to the type of report.
3. Attach the confidential part of the report to this form. If you are afraid for your
safety or the children’s safety, block out any info identifying place and address on
the copies you file with the court and deliver to the other parties.
4. Submitted by: Check the box that applies to you. Sign and print your name.
Section 8: Instructions for Forms Some Respondents Will Use
The following forms, together with guidance about using them, are in the packet
Residential Schedules and Child Support: Non-Parent Custody Cases.
•
•
•
•
Residential Schedule
Child Support Worksheets
Financial Declaration
Sealed Financial Source Documents Form
A.
Order on Adequate Cause for Non-parent Custody - FL NonParent 417
Use this form when you get notice of the adequate cause hearing. You should get notice of
this hearing with the Summons and Petition or later. You will not get this notice if
•
•
you sign an Agreed Order on Adequate Cause OR
you are in default
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The decision the judge makes at the adequate cause hearing needs to be put into a court
order using this form. Often each party fills out a proposed order before the hearing to
show the decision they are asking the judge to make. (Some courts require this.)
Read petitioner’s proposed Order re Adequate Cause. If you disagree with it, use this form
to make your own proposed order. Show how you want the judge to decide at the hearing.
After you have filled out the form, sign it. Print your name below your signature. Your
proposed order will not have the judge’s signature on it yet.
If you deny that there is adequate cause for the petition to go forward, deliver your
proposed order (plus your declarations and other evidence) to the court as directed by the
clerk. Then serve the other parties as explained in the sections “The Adequate Cause
Hearing” and “Filing and Serving Your Papers.” When you go to your adequate cause
hearing, take both your copy of the proposed order and a blank copy of it with you.
At the hearing, if your proposed order is the same as the judge’s oral decision, ask the judge
to sign your order. If the judge makes a different decision, either you or petitioner may fill
out the blank order form to show the judge’s actual decision, ask the other party to approve
that it correctly shows the judge’s decision, and ask the judge to sign that order.
If the judge signs your order, file it with the court clerk. Serve it upon the other parties.
Prove service on the other parties by using the Proof of Mailing or Hand Delivery
procedure we describe in the “Filing and Serving Your Papers” section.
Instructions for Filling out the Form:
Caption. Fill out the caption.
1. Name. In the blank, put your name. Check the first box if there will be an adequate cause
hearing. In the blank, put the date, if you know it. Check the second box if all parties are in
agreement that the case should go forward.
2. Jurisdiction. Check the box you believe to be true. If you are not sure, read our
publication called Which Court Can Enter Custody Orders? Frequently Asked Questions about
Jurisdiction.
3. Timing of Adequate Cause Decision. If this is a proposed order, check the box showing
what you want. If you are filling this out after hearing, check the box showing what the
judge decided.
4. Adequate Cause. This paragraph shows the court’s decision (or how you want it to
decide). If this is your proposed order, check the box showing what you want. If you check
the second box, you must also put in the blank why the judge should allow the case to go
forward. Be as specific as possible. If you are filling this out after the hearing, put what the
judge ordered.
5. Other Findings (if any). Most people will not use this space.
6. Decision. If this is a proposed order, check the box showing what you want. If you are
filling this out after hearing, check the box showing what the judge decided. If you check
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Adequate Cause Found, check the boxes underneath that apply and fill out any blanks as
needed.
7. Other Orders. You usually will not use this space.
Ordered. LEAVE THIS FOR THE JUDGE.
Petitioner and Respondent or their lawyers fill out below. There are columns of boxes
to check for each party. In the Respondent column for you, check all the boxes that apply.
Sign and print your name and put the date underneath. If you and the other parties agree
there is adequate cause, they should fill out and sign the other columns as appropriate.
Once the judge has signed the order, file the original with the court clerk. Get conformed
copies to all parties. Keep one for your own records.
Section 9: If you are in the Military or the Dependent of Someone
in the Military
If you are on active duty 16 in the U.S. Armed Forces, or the dependent (usually the spouse
or minor child of a Washington resident on active duty who is a National Guard Member or
Reservist, or someone getting over half their support from that service member 17) of
someone who is, you have special protections under the Service Members’ Civil Relief Acts.
These protections include, but are not limited to, protection against being defaulted in
some circumstances, the right to ask for a stay (delay) of a court case if the active military
duty limits ability to take part in the case.
Before you do anything else, contact a lawyer or your JAG (Judge Advocate General) right
away to get advice about how to protect your rights under the SCRA. Act quickly. Your time
to respond is limited. Example: If you got a Notice re Military Dependent, you must
respond to it within 20 days. To find your JAG, go to the U.S. Armed Forces Legal Assistance
website: http://legalassistance.law.af.mil/content/locator.php. Your JAG will know
military law. You should also talk to a Washington attorney about your family law issues.
16
The Service Members Civil Relief Act of March 4, 1918, as amended, 50 U.S.C. App., 501 et.seq. protects service
members including: 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
http://www.uscg.mil/legal/la/topics/sscra/sscra_guide.htm#coverage.
For Washington State’s Service Members Civil Relief Act, see RCW 38.42.010 et seq.
17
RCW 38.42.010.
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You can use the form called a Waiver of Rights under the Service Members Civil Relief Act to
give up the rights under these laws. Instructions are later in this packet, if you choose to
use this form.
If you qualify under the law as a military dependent, you can use the form called Notice of
Military Dependent to notify the court and Petitioner that you are the dependent.
Instructions for this form are below.
A.
Waiver of Rights Under Service Member’s Civil Relief Acts Form
This form is optional. If you are worried that you will not be able to take part in the case
because of military duties, or if you are thinking about signing the waiver form, see a
lawyer or the JAG office. If you sign the waiver form, you are giving up protections under
this law.
1.
How to Fill out the Waiver Form, if you choose to sign it
Caption. Fill out the Caption.
In the first blank, put your full name.
If you decide to sign this form, fill out the rest of the form with the date that you were
served with the Summons and Petition, the service member’s name, rank, serial number
and unit. Sign this form in front of a notary public.
 Finding a Notary: Your local bank or auto licensing location may have a notary. If
you have a bank account there, the bank may provide the notary service for free.
Or, look up local notary publics on the web.
2.
File the Waiver Form
If you sign this form you can then give the form to petitioner to file, or you can file it with
the court clerk’s office. Keep a conformed copy for yourself. Give the other parties a copy.
B.
Notice of Military Dependent – No Mandatory Form
If you have not yet appeared in the case, and
•
•
•
•
•
you get a form called Notice re Military Dependent, and
you are a qualified dependent of a military service member (see definition in the
Notice re Military Dependent) and
the service member is in the National Guard or a military reserve component under
a call to active duty service for 30 days in a row or more, and
you want to inform the court and petitioner/moving party of your status to keep
them from assuming you are not a military dependent, then
you must file and serve a Notice of Military Dependent form
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Notify the court and the other party of your dependent status within 20 days of
getting the Notice re Military Dependent. If you do not, the court may presume you are
not a dependent of a person in military service. It may enter an order of default against you.
If you are the dependent of someone in the military, talk to a lawyer about
•
•
whether you are entitled to the protections of the law concerning military service
members’ dependents, and,
if you are protected, whether you should file a Notice of Appearance and a Response
to the Petition and other documents in this packet.
You may use the form in this packet to give notice that you are a military dependent. You
can also create your own form or letter.
1.
Instructions for Filling out the Form
Caption. Fill out the Caption.
Check the box that explains how you are a dependent of a service member.
Put the name of the service member you are the dependent of. Fill out the other
information about the service member that the form asks for.
Signature. Date the form. Sign where it says “Signature of Party.” Then print or type your
name on the line below it and show the place signed. (Example: Yakima, Washington.)
Service Address. Put your mailing address. If you are afraid to give your address to the
other parties, use an address at which you will reliably and immediately learn about mail
that arrives for you.
2.
File and Serve the Form
File your original form with the court clerk’s office. Keep a conformed copy for your
records. Serve the other the other parties with a copy. File and serve notice of your
military dependent status within 20 days after you get the Notice re Military Dependent.
Fill out and file a Proof of Mailing or Hand Delivery. (See the General Instructions for the
Proof of Mailing or Hand Delivery.)
Section 10: Filing and Serving your Papers
A.
Getting Ready to File and Serve
After filling out forms, follow the steps in this section to file them with the court, serve
them on the other parties, and prove that service has been made.
 Make sure you know who must be served or is a party to the action. Usually,
Petitioner and other parent are the only other parties. However, if there are other
guardians or custodians or people who have court-ordered time with the child, they
should be parties too. The caption should list each party by name. If the child/ren have
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ever gotten public assistance (TANF), or Medicaid, or if they are in foster care or out of
home placement, or if there is a pending paternity case, you will need to serve copies on
the State of Washington. (Our packet called Serving Papers on the State has more
information.) If the judge has appointed a GAL, s/he will need to be served too.
 Figure out how many copies of each form you will need. Make the copies. The
original of each form will be filed with the court clerk in the county where the case has
been filed. Make copies as follows: (except, if you have prepared the Confidential
Information Form and attachment and/or LEIS, 18 make just make one copy, for yourself,
of these three forms).
________
________
________
________
________
________
________
one copy of each form for yourself
one copy of each form for the other party
if there are other individual parties one copy of each form for each
of these parties (1 x ___ number of other parties)
one for the State (if you are serving the State)
one for the GAL if a GAL has been appointed in your case
one copy as working papers, if your local court requires you to
give the judge “working papers” before a hearing and if you have
upcoming hearings.
total. This is how many copies to make of each document (except
just make one copy, for yourself, of the Confidential Information
Form and attachment and any LEIS. These forms are not served on
any other party).
 Organize Your Papers. Make a set of the papers for the court and for each party. Put all
the original forms into the set for the court. Put the copy of the Confidential Information
Form and attachment and the LEIS (if you are using them) into your own set. Compare
each set to the checklists in this packet. Make sure you have what you need.
 Put each of the other parties’ sets of papers in an envelope addressed to that party
at the legal address they have provided. Add your return address for legal mail. (For
your return address, use the address on your Response or Notice of Appearance.)
B.
Filing your papers in court
Take the originals and the copies to the superior court clerk’s office in the
courthouse where the case has been filed. Give the clerk the original copies of your
documents for filing. (The clerk does not put the Confidential Information form or any LEIS
in the public file.) If you have any proposed orders for upcoming hearings, ask the clerk
what to do with the original proposed orders and follow the clerk’s instructions.
18
The Confidential Information Sheet and attachment are in our basic Responding packets. They are filed with your first court
papers and must be updated when the information in it, such as your address, changes.
The LEIS isn’t in this packet. Use it with restraining orders and Orders for Protection. Get it at the court clerk’s office.
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C.
Serving the other parties
In addition to filing your papers with the court, you must have them properly served on
(delivered to) the other parties. Do not serve the Confidential Information form and
attachment and any LEIS.
1.
Make sure service is completed before the deadline for your
response.
Service is required. The other parties have the right to know your response to the papers
you have received.
The court does not serve the other parties for you. You must arrange for service and make
sure your server delivers the papers properly.
After the Summons and Petition have been properly served, most papers prepared by
either Petitioner or the respondent can be served on the other party by mail or personal
delivery. We explain below. 19 Carefully follow the rules about service.
After service is completed, file proof of service with the court. We explain how below.
2.
Mail or deliver your papers to the other parties or their
lawyers.
Since you are responding, your papers can be given to the other parties by either regular
mail or by personal delivery. While the case is going on, if a party has given you an address
for service of legal papers (examples: in the Summons form, a Notice of Appearance, or a
Response), serve him/her at that address. If a party has a lawyer, the papers are delivered
to the lawyer.
3.
Service must be completed before your deadline.
Some county courts allow you to do your own service. Others do not. To be safe, do not
deliver or mail the papers yourself. Ask an adult friend or relative to do it for you.
When your friend has mailed or delivered the papers to a party, have your friend fill out the
Proof of Mailing or Hand Delivery form the same day. Your server should fill out a separate
form for each person s/he mails or delivers the papers to. You then file the original Proof of
Mailing or Hand Delivery. Keep a conformed copy for your records.
19
o Mailing: If your friend mails the papers, sure s/he must add three days to the
number of days’ notice required for your response. When counting, do not count the
day of service (or mailing), weekends, or court holidays. Example: if a document is
mailed on a Monday, it is considered served on Thursday. This is important
when setting up or responding to hearings. There are deadlines by which papers
must be served. If the third day is on a weekend or holiday, the document is not
considered to have been “served” until the next court day.
CR 5(b)(1)-(2). If you prefer, you may have a party personally served (using the same procedures as described in our Filing
packets for serving the Summons and Petition), and have a Proof of Personal Service prepared and filed. This packet tells you if
a form needs to be personally served.
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If a document is sent by regular first class mail, have an extra copy sent by certified mail,
return receipt requested, for more proof of mailing. Staple the green return receipt card to
the Proof of Mailing or Hand Delivery form.
o Hand Delivery.
The papers may be delivered to the other party, instead of mailed. “Delivering” the papers
to another party or his/her lawyer means one of these:
•
•
•
•
handing it to the lawyer or to the party
leaving it at his office with his/her clerk or other person in charge of the office 20
if no one is in charge, leaving it in a place in the office where someone can easily find
it (example: on top of the front desk)
If the office is closed or the person has no office, leaving it at his/her home with
some person of suitable age and discretion living there 21
4.
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.
3. List all documents you served. Your server must check the box for every form s/he
sent/delivered to the other party. If 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.
5.
Filing the Proof of Mailing or Hand Delivery
Make one copy of each completed Proof of Mailing or Hand Delivery. Do not give the
other parties copies of this form. 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
20
Although CR 5(b)(1)-(2) appears to allow a person to be served at his/her office, and you can usually deliver
papers to a lawyer or GAL at his/her office, we recommend you 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.
21
CR 5(b)(1). A person of suitable age and discretion means an adult (or at least older teenager) who does not
have a mental impairment that would keep him/her from understanding that the legal papers should be given to
the other party.
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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.
Section 11: The Adequate Cause Hearing
Every non-parent custody case must have an adequate cause hearing, unless one of these is
true:
•
•
the respondents have defaulted
all parties have signed and the court has entered an agreed Order on Adequate
Cause
At the adequate cause hearing, the judge decides whether the Non-Parent custody case can
go forward to trial or whether the petition should be denied before trial. The judge will
look over the evidence and then sign an order that says whether there is adequate cause
(called “Order on Adequate Cause”). Our Non-Parent Custody: Frequently Asked Questions
and Answers packet explains the legal standard the court must apply.
 Parents have a strong right to raise their children. The law says a non-parent
asking for custody must have a strong case.
Petitioner will probably schedule this hearing and serve you with a Motion for Adequate
Cause Decision and hearing notice or similar local form. Petitioner may be able to file and
serve the motion, hearing notice and supporting documents together with the Summons
and Petition, or later.
Usually the hearing takes place after the deadline to respond to the petition has passed. A
few counties may allow it earlier. Some counties require the entry of the adequate cause
order within a certain number of days after the case has been filed, or that the adequate
cause hearing be scheduled when the case is filed, or may set the hearing date in the Case
Schedule. If you have not filed a Response to the petition before your deadline,
Petitioner may be able to ask the judge to sign an Order on Adequate Cause without
notice to you.
Petitioner may ask you to sign an agreed Order on Adequate Cause. You do not have to
agree. You can let the judge decide whether petitioner has adequate cause. If all parties do
sign an agreed Order on Adequate Cause, Petitioner should present the agreed order to the
judge for signature and give you a copy of the signed order.
If you have gotten a Motion for Adequate Cause Decision and hearing notice, and you deny
that adequate cause for the petition exists, you must get ready for and go to the hearing. Get
declarations from yourself and other witnesses showing you are a suitable parent and it
would not be detrimental (harmful) for the child/ren to live with you. You and your
witnesses may attach appropriate documents to the declarations. You may also raise
concerns in the declarations about the ability of Petitioner(s) to care for the child/ren. File
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and serve the declarations before your county’s deadline to respond to the Notice of
Hearing. Follow the procedures in the section above to file and serve your declarations. Fill
out and file Proof of Mailing or Hand Delivery forms to show that all parties have been
served with your documents.
Ask a lawyer, the court clerk, or the family law facilitator about local requirements and
procedures for adequate cause decisions in your case. The following general description
may be the practice in your county.
Before the adequate cause hearing in contested cases:
 Understand and follow local procedures about
•
•
•
•
•
•
when the adequate cause hearing may be scheduled
how much advance notice to give the other parties
whether liv testimony is available or required (and if available, how to request it if
you want it)
whether you will need to serve a proposed Order on Adequate Cause with the
declarations
your deadline for filing and serving responding declarations
whether there is a limit on the number or length of declarations
 Fill out the following documents:
•
•
•
Your own declaration.
Declarations from any other witnesses showing that Petitioner does not meet the
necessary legal standard for a Non-parent to win custody or that Petitioner is not a
suitable custodian.
A proposed Order on Adequate Cause. In some counties you must give the court
your proposed order at the same time you file your declarations and serve it on the
other parties. Even if you do not have to, you should fill out a proposed Order on
Adequate Cause anyway. Give it to the court at or before the hearing. Serve it on the
parties with your declarations.
 Make copies of the declarations, proposed order, and any other document you plan to
use at the hearing.
 File the original declarations and any other documents you plan to use at the adequate
cause hearing with the clerk. Ask for “conformed” copies. Ask the clerk what to do with
the original proposed Order on Adequate Cause. Follow the clerk’s instructions. (See
our explanation in the section “Filing and Serving Your Papers” for how to file and serve
the papers.)
 Ask the clerk how to deliver the working papers, if needed in your county, Follow those
instructions. Working papers are an extra set of your papers for the judge to read. If
working papers are needed but you do not deliver them, the judge might not consider
the papers you have filed.
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 Have every other party served with the declarations, your proposed order, and other
papers you filed with the court.
 Make sure you serve the declarations and other papers within the deadlines in your
particular county. (Add at least three court days if you are mailing the notice.) CHECK
YOUR LOCAL RULES.
 Have the person who delivered or mailed the papers fill out a Proof of Mailing or Hand
Delivery for each person served. File the originals with the court clerk and keep a
conformed copy for your records. Take the copy of the Proof of Mailing or Hand
Delivery original(s) with you to the hearing in case the judge wants to see it.
 Confirm your hearing if needed under local procedures. (Usually the person who
scheduled the hearing is responsible to confirm it.)
 Read any documents you get in reply.
A.
Going to the Adequate Cause Hearing
At the Adequate Cause hearing, the judge decides whether there is enough evidence to let
the case go forward.
If another Party gets a lawyer: If at any time before the hearing another party’s lawyer
contacts you, or a lawyer shows up at a hearing, you might try to get a lawyer yourself. Tell
the lawyer and court that you need to delay (continue) your hearing. Do not sign any
documents you do not understand. You may need written court approval for a delay in
some counties.
If the other parties will not agree to delay the hearing, ask the court for a continuance at the
start of your hearing. But be as ready for the hearing as possible on the scheduled day
anyway. The court may deny a postponement.
Get ready for the Hearing: Try to go to court before the day of your hearing and watch
how the hearings are generally done. Make some notes to yourself about the main points
you want to make when you have a chance to talk during the hearing.
Take your papers to the hearing. Your papers should include the Adequate Cause papers
you have gotten and filed so far, Proof of Mailing or Hand Delivery forms, any green “return
receipt” card showing service by certified mail, your Proposed Order, and blank copies of
the Order forms in case you need to make major changes to your proposed orders.
Get to Your Hearing Early. Dress neatly. Bring a pad of paper and black pen to write
notes with. Do not bring children if you can help it. The judge will usually not let them sit in
the courtroom. If you are late, the hearing will be cancelled (or the other party may win).
When You Get to the Courtroom. Tell the person in charge in the courtroom (the clerk or
the bailiff) your name and the name and number of your case. Take a seat. Stand up when
the judge walks in the room. When your case name is called, tell the court that you are
present. Remain in court until your case is called for hearing.
Go forward when you are told do so. Give the court the original of your proposed Order on
Adequate Cause. If you have scheduled other hearings in your case for the same time, give
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the judge all the proposed Orders you have filled out. (Example: Temporary Family Law
Order.)
Presenting Your Case. If the other parties show 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. (If you have filed your own motion for the same day, tell the court.) Try to
keep your argument short and only outline your main points. Some courts give you only
five minutes to talk. In most cases, the judge will have read your papers before the hearing.
Do not repeat everything in your papers. You usually will not be allowed to add new
evidence. In a few counties the court may expect the parties to testify about their requests.
During the hearing, address the judge, not the other party.
If the other party does not appear, show the judge your Proof of Mailing or Hand
Delivery form and any “return receipt” showing certified mail. Ask the judge to sign your
proposed Order on Adequate Cause (and your other Orders if you have scheduled other
motions for the same time). Tell the clerk or bailiff you need a copy of the order.
DO NOT INTERRUPT THE JUDGE.
Hearing the Judge’s Decision. After the judge has heard all sides, s/he will decide if there
is adequate cause to go forward with the case. Listen carefully. Make notes. The judge may
make changes to the order you filled out. Or s/he may direct you, the other party, or the
other party’s attorney to do it. If another party makes changes to the order, read it
carefully. Make sure that it says what the judge said. If you are not sure about any of the
changes, do not sign the orders. Ask the party to go back before the judge to make sure that
the order shows the judge’s decision.
Ask the judge to sign the Order on Adequate Cause. If you have scheduled Motions in your
case for the same day, such as a Motion for Temporary Family Law Orders, ask the judge to
sign orders showing his/her decision on those motions.
A judge’s oral decision at the adequate cause hearing must be put into a written order.
Usually you want to have your court orders signed the day of your hearing. In some
counties, they must be signed before the parties leave the courthouse.
Getting Copies of the Orders and Filing Them: Make sure you get a copy of the orders as
signed by the judge. Ask the clerk how to do this. The clerk may give you the originals and
tell you to go make copies in the library or at the clerk’s office. DO NOT LEAVE THE
COURTHOUSE WITH (OR CHANGE OR DESTROY) COURT ORDERS THE JUDGE HAS SIGNED.
After you have made copies, take the originals to the court clerk’s office and file them with
the clerk.
If the judge signs the order you filled out, deliver a copy of the order as signed by the judge to
every other party. Use the Proof of Mailing or Hand Delivery procedure to do this and to prove
that service has been made. Keep a copy of the order for yourself.
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B.
What if I disagree with the court’s adequate cause decision?
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 that the commissioner
considered. You have ten days from the date the court commissioner signed the order to
file a Motion for Revision. 22 Local court rules may require you to also serve the other
parties within the same deadline. If you plan to serve by mail, you must 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.
If you are on active duty 23 in the United States Armed Forces, or the dependent (usually the
spouse or minor child of a Washington resident on active duty and a National Guard
Member or Reservist, or a person receiving over half his/her support from that service
member 24), you have special protections under the Service Members’ Civil Relief Acts.
Protections under the law can include protection against being defaulted in some
circumstances, the right to ask for a stay (delay) of a court case if the active military duty
limits ability to participate in the case, and other rights.
Before you do anything else in this case, contact a lawyer or your JAG (Judge Advocate
General) right away to get advice about how to protect your rights under the SCRA. Act
quickly. Your time to respond is limited. Example: If you got a Notice re Military Dependent,
you must respond to it within 20 days. To find your JAG, go to the U.S. Armed Forces Legal
Assistance website: http://legalassistance.law.af.mil/content/locator.php. Your JAG will
know military law. You may also need to consult a Washington attorney about your family
law issues.
The form called a Waiver of Rights under the Service Members Civil Relief Act can be used to
give up the rights under these laws. Instructions are earlier in this packet, if you decide to
use it.
The form called Notice of Military Dependent can be used if you qualify under the law as a
military dependent to notify the court and Petitioner that you are the dependent.
Instructions for this form are earlier in this packet.
22
RCW 2.24.050.
The Service Members Civil Relief Act of March 4, 1918, as amended, 50 U.S.C. App., 501 et.seq. protects service
members including: 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
http://www.uscg.mil/legal/la/topics/sscra/sscra_guide.htm#coverage.
For Washington State’s Service Members Civil Relief Act, see RCW 38.42.010 et seq.
23
24
RCW 38.42.010.
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Section 12: Settling the Case by Agreement
You may try to settle the case by agreement. You may try to make a deal even before you
file your Response. DO NOT ignore your legal deadlines to respond to the petition or
motions. You can try to reach agreement by direct negotiation, at a settlement conference
with the court, or through mediation. Our publication called Mediation: Should I Use It? has
more information.
If all the parties agree (or petitioner wins orders of default against those who have not
agreed), you should fill out final papers showing the agreement and present them to the
court. The packet Finalizing Your Non-Parent Custody Case describes the process and has
court forms. If the parties agree that petitioner will have non-parent custody, petitioner(s)
should arrange a time to present the papers to the court. All parties should go to confirm
that they agree.
If the parties have agreed that petitioner is voluntarily dismissing (dropping) the case
without an award of custody, see the packet Finalizing Your Non-Parent Custody Case.
If some parties agree that petitioner will get permanent legal custody, but others do not,
the case is not ready to be finalized. 25 You cannot present the judge with final papers giving
Petitioner permanent legal custody until the case can be resolved as to ALL the parties (by
agreement with each, default, or trial). If you have reached agreement with petitioner but
other parties have not, get legal advice.
The final papers can range from an order dismissing (stopping) the case, to a Final NonParent Custody Order specifically stating when and how the child/ren will return to a
parent, to a Final Non-Parent Custody Order with greatly defined visitation for the
parent(s), to an Order denying the parents all contact with the child/ren.
If you believe the final papers show your agreement accurately, sign them. Try to make an
appointment with a lawyer OTHER THAN PETITIONER’S LAWYER to review the
papers before you sign.
If you go to court to confirm the agreement, the judge may ask you about the agreement. If
the final agreement has the child/ren living with a non-parent, the court must review the
background checks on petitioner and adults in his/her household before signing. Agreed
cases can usually be resolved with a brief hearing. If the judge accepts the agreement, s/he
will sign the final papers. Exception: If the judge finds that the proposed final papers
set up a custody arrangement that is not in the children’s best interests , or the
background checks of petitioner or members of petitioner’s household reveal
problems, the judge may delay or deny approval of the papers despite the parties’
agreement. If s/he is very concerned, the judge might make a CPS referral for
investigation.
Make sure you get conformed copies of the final orders.
25
If the court is dismissing the case, you usually only need respondent’s agreement if s/he has filed a counterclaim.
CR 41.
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A.
Agreement to Join the Petition - FL All Family 119
If you agree with everything in the Petition for Non-Parent Custody and any related papers
such as the residential schedule and child support worksheets, you should fill out and sign
this form.
 You are never required to sign an Agreement to Join Petition.
 If you disagree with any requests in the petition or any related paper, or you
agree with all the requests but want to be sure the court does not approve final
agreed papers until you sign them, do not sign the Agreement to Join Petition.
 Signing this form gives the other party permission to enter final papers without
your further approval or your signature on the papers.
Even if you agree to everything requested, instead of signing the Agreement to Join Petition,
you should still ask to see and read the proposed final papers before the other party takes
them to the judge. (The final papers may include Findings & Conclusions, Non-Parent
Custody Order, Residential Schedule, and Child Support Order.) If the proposed final papers
correctly show your agreement, sign them. That reduces your chances of misunderstanding
and you can be more confident the final papers accurately show your agreement.
If you agree with everything the other party asked for in the petition and every related
paper, and do not think it necessary to sign the final orders before they are presented to
the judge, you should fill out the Agreement to Join Petition in this packet. Signing the form
can make it easier and quicker to finalize the case. It also has risks. Talk with a lawyer (NOT
THE OTHER PARTY’S LAWYER) before signing an Agreement to Join Petition so you fully
understand any legal rights you are giving up.
 Read the information above before deciding to sign this form.
Instructions for Filling out the Form
Caption. Fill out the caption.
1. Put your name.
2. Check the first box if you do not want notice of any future hearings or decisions. Check
the second box if you want the other party to send you the notice of hearings to finish your
case. Checking this box does not mean Petitioner/requesting party must get your
signature on the final papers. It just means you are asking him/her to send you notice. In
the blank, put your address. If you do not give your home address, make sure you use a
reliable mailing address where you will immediately learn of papers arriving for you. If you
are sure that you do not want the other party to give you notice before the court enters
final orders, check the first box.
Other. Most people will not put anything here.
Responding to a Non-Parent Custody Petition | Page 48
3113EN – Rev. 5/2016
Signature. Sign and date where indicated.
1.
How to file the Agreement to Join Petition, if you chose to sign
it
Follow the same steps to file and serve it as described for filing your Response and other
forms. Mail or deliver a copy of the Agreement to Join Petition to the other parties. Keep a
copy for yourself.
Section 13: If You and another Party Disagree, Get Ready to Go
to Trial
If
•
•
•
•
you file a Response contesting the petition AND
the judge signs an order finding adequate cause (either by agreement or after a
hearing) AND
the court does not dismiss the case for another reason AND
you do not reach an agreement about final orders
…then both Petitioner(s) and Respondent(s) must get ready to go to trial.
You must follow the court’s rules about getting ready for trial. Some counties have a case
schedule or other notice that tells you some things to do to get ready for trial. Talk with
your family law facilitator for more information. If you do not have a case schedule, do not
wait until the last minute to get ready for trial. You must start weeks, if not months, in
advance. Find out about how your trial is scheduled. Sometimes a case schedule or the
court announces the trial date. Sometimes the parties must ask for a trial date.
 If there is a GAL or other custody evaluator in your case, you should get a report
from him/her before the trial.
If you have a trial, each party will have the chance to tell the judge why the judge should
rule in that party’s favor. Each party must present the judge with evidence (examples:
admissible documents or testimony) that helps prove that party’s claims.
This packet has no detailed information about how to get ready for trial. Some other
publications may help you get ready for trial. Examples: Our publications called
Subpoenaing Witnesses and Documents and Getting Ready for a Court Hearing or Trial. Try
to talk a lawyer about what to do to get ready for trial.
At the end of your trial, the judge will announce his/her decision and give reasons for it.
The case is not finalized until the judge signs final papers.
•
•
If the judge decides at trial that petitioner will have custody, we list the final papers
s/he needs after trial in the packet Finalizing Your Non-Parent Custody Case.
If the judge decides Petitioner should not get permanent legal custody, the judge
may dismiss the case. The packet Finalizing Your Non-Parent Custody Case has a
Responding to a Non-Parent Custody Petition | Page 49
3113EN – Rev. 5/2016
Final Order Denying Non-Parent Custody form. The judge will usually ask one of the
parties or his/her lawyer to fill out the final papers for the judge to approve.
Those papers will be presented to the judge at a “presentation” hearing. Sometimes the
judge at the end of the trial will tell the parties the date of the presentation hearing. If not,
the person filling out the final papers must give the other parties advance notice of the
hearing time and place and of the papers s/he wants the judge to sign. That person is
supposed to fill out the final papers to say exactly what the judge ordered – not what that
party wanted. Any party who does not think the proposed final papers say what the judge
ordered can come to the hearing and explain the objection, or propose different final
papers that s/he believes better show the judge’s decision.
The packet Finalizing Your Non-Parent Custody Case explains how to present final papers
after trial.
 If another party has filled out final papers after trial and asks you to sign them,
read each paper carefully. See if it accurately states what the judge decided at
your trial. If you believe any paper does not show the judge’s decision correctly,
or you are unsure, you have the right to have the other party schedule a
“presentation” hearing and give you notice of that hearing. Go to the
presentation hearing. Explain why you believe the language in the final papers
does not show the judge’s decision.
Section 14: 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
http://www.courts.wa.gov/forms/.
 If you deny that the court has jurisdiction, you should contest jurisdiction before
you file and serve your court forms. If that is not possible, at least contest
jurisdiction at the beginning of your responses.
 If you are in the military or are the protected dependent of a military service
member, get legal advice about whether to use the forms in this packet. Filing
and serving some of the forms may give up your rights under the laws created to
protect military service personnel and dependents in civil cases.
Responding to a Non-Parent Custody Petition | Page 50
Superior Court of Washington, County of
In re custody of:
Children:
No.
Petitioner/s (person/s who started this case):
Response to Non-Parent Custody Petition
(RSP)
Respondents (parents and any guardian or custodian):
Response to Non-Parent Custody Petition
1.
Your response
Look at each section of the Petition. Check below to say if you agree or disagree with
what the other party said in each section, or say if you don’t know because you don’t have
enough information. (If you disagree with any part of a section, check “I disagree.”) List
your reasons for disagreeing on page 2.
Section in the Petition
Your response (check one)
1. Petitioner’s Information
I agree
I disagree
I don’t know
2. Children
I agree
I disagree
I don’t know
3. The following adults live in Petitioner’s
household
I agree
I disagree
I don’t know
4. Respondents’ Information
I agree
I disagree
I don’t know
5. Why the children should not live with a
parent
I agree
I disagree
I don’t know
6. Why the children should live with Petitioners
I agree
I disagree
I don’t know
7. Respondents’ Visitation
I agree
I disagree
I don’t know
8. Support, insurance, and taxes
I agree
I disagree
I don’t know
RCW 4.28.010; 26.10.030(2)
Mandatory Form (05/2016)
FL Non-Parent 415
Response to Non-Parent
Custody Petition
p. 1 of 5
Section in the Petition
Your response (check one)
9. Personal jurisdiction over Respondents
I agree
I disagree
I don’t know
10. Children’s Home/s
I agree
I disagree
I don’t know
11. Other people with a legal right to spend
time with a child
I agree
I disagree
I don’t know
12. Other court cases involving a child
I agree
I disagree
I don’t know
13. Are any of the children Indian children
I agree
I disagree
I don’t know
14. Jurisdiction over Indian children
I agree
I disagree
I don’t know
15. Jurisdiction over the children
I agree
I disagree
I don’t know
16. Protection Order
I agree
I disagree
I don’t know
17. Restraining Order
I agree
I disagree
I don’t know
18. Fees and costs
I agree
I disagree
I don’t know
19. Other requests, if any
I agree
I disagree
I don’t know
If you checked “Disagree” for any of the sections, list your reasons here:
Section #:
Reasons:
Section #:
Reasons:
Section #:
Reasons:
Section #:
Reasons:
Section #:
Reasons:
Section #:
Reasons:
Section #:
Reasons:
RCW 4.28.010; 26.10.030(2)
Mandatory Form (05/2016)
FL Non-Parent 415
Response to Non-Parent
Custody Petition
p. 2 of 5
Section #:
Reasons:
Section #:
Reasons:
(If you need more space, you may add more pages to this Response. Number, date and
sign each page that you add.)
2.
Request
I ask the court to:
deny the Non-Parent Custody Petition.
give custody to Petitioners but grant my requests in sections 3 - 7 below.
give custody to Petitioners and approve all the requests listed in the Petition. (Skip to
section 7 and sign at the end.)
3.
Respondents’ Visitation
If the court gives custody to Petitioners, I ask the court to (check one):
approve my proposed Residential Schedule (form FL Non-Parent 405).
other:
4.
.
Protection Order
Do you want the court to issue an Order for Protection as part of the final orders in this
case?
No. I do not want an Order for Protection.
Yes. (You must file a Petition for Order for Protection, form DV-1.015 for domestic
violence, or form UHST-02.0200 for harassment. You may file your Petition for Order
for Protection using the same case number assigned to this case.)
Important! If you need protection now, ask the court clerk about getting a Temporary Order for Protection.
There already is an Order for Protection between (name):
and me. (Describe):
Court that issued the order:
Case number:
Expiration date:
5.
Restraining order
Do you want the court to issue a Restraining Order as part of the final orders in this case?
No. (Skip to 6.)
Yes. Check the type of orders you want:
RCW 4.28.010; 26.10.030(2)
Mandatory Form (05/2016)
FL Non-Parent 415
Response to Non-Parent
Custody Petition
p. 3 of 5
Do not disturb – Order (name/s)
disturb my peace or the peace of any child listed in the Petition.
Stay away – Order (name/s)
not to
:
Not knowingly to go or stay within
feet of my home, workplace, or
school, or the daycare or school of any child listed in the Petition.
To stay away from my home, workplace, or school, and the daycare or school
of any child listed in the Petition.
Do not hurt or threaten – Order (name/s)
:
 Not to assault, harass, stalk or molest me or any child listed in the Petition; and
 Not to 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 – Order (name/s)
:
 Not to possess or obtain any firearms, other dangerous weapons, or concealed
pistol license until the Order ends, and
 To 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 restraining orders:
Important! If you want a restraining order now, you must file a Motion for Temporary Non-Parent Custody
Order and Restraining Order (form FL Non-Parent 423) or a Motion for Immediate Restraining Order (Ex
Parte) (form FL Non-Parent 421).
6.
Fees and costs
No request.
Order who should pay for court costs, guardian ad litem fees, lawyer fees, and other
reasonable fees.
7.
Other requests, if any
Respondent fills out below:
I declare under penalty of perjury under the laws of the state of Washington that the facts I have
provided on this form (including any attachments) are true.
I have attached (number):
pages.
Signed at (city and state):
Respondent signs here
RCW 4.28.010; 26.10.030(2)
Mandatory Form (05/2016)
FL Non-Parent 415
Date:
Print name
Response to Non-Parent
Custody Petition
p. 4 of 5
I agree to accept legal papers for this case at (check one):
my lawyer’s address, listed below.
the following address (this does not have to be your home address):
street address or PO box
city
state
zip
(Optional) email:
(If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may
use the Notice of Address Change form (FL All Family 120).)
Important! You must fill out and file a Confidential Information form (FL All Family 001) with the court clerk.
Lawyer (if any) fills out below:
Lawyer signs here
Lawyer’s street address or PO box
Print name and WSBA No.
city
Email (if applicable):
RCW 4.28.010; 26.10.030(2)
Mandatory Form (05/2016)
FL Non-Parent 415
Response to Non-Parent
Custody Petition
p. 5 of 5
Date
state
zip
Confidential Information (CIF)
Clerk: Do not file in a public access file
Superior Court of Washington, County:
Case No.:
Important! Only court staff and some state agencies may see this form. The other party and
his/her lawyer may not see this form unless a court order allows it. State agencies may disclose
the information in this form according to their own rules.
1. Who is completing this form? (Name):
2. Is there a current restraining or protection order involving the parties or children?
Yes
No
If Yes, who does the order protect? (Name/s):
3. Does your address information need to be confidential to protect your or your children’s health,
safety, or liberty? (Check one):
If Yes, explain why?
Yes
No
4. Your Information
Full name (first, middle, last):
Date of birth (MM/DD/YYYY):
Driver’s license/Identicard (#, state):
Race:
Sex:
M
F
Relationship to children in this case:
Mailing address (This address will not be kept private.) (street address or PO box, city, state zip):
If your case is only about a protection order, the information below is not required. Skip to 5.
Home address (check one):
Phone:
same as mailing address
listed below (street, city, state, zip):
Email:
Social Sec. #:
Employer’s name:
Employer’s phone:
Employer’s address:
5. Other Party’s Information – This person is a (check one):
Petitioner
Full name (first, middle, last):
Respondent
Date of birth (MM/DD/YYYY):
Driver’s license/Identicard (#, state):
Race:
Sex:
M
Relationship to children in this case:
Mailing address (This address will not be kept private.) (street address or PO box, city, state zip):
If your case is only about a protection order, the information below is not required. Skip to 6.
Home address (check one):
Phone:
same as mailing address
listed below (street, city, state, zip):
Email:
Social Sec. #:
Employer’s name:
Employer’s phone:
Employer’s address:
Skip sections 6 – 9 if your case does not involve children. Sign at the end.
RCW 26.23.050; 26.50.160; GR 22
Mandatory Form (05/2016)
FL All Family 001
Confidential Information
p. 1 of 2
F
6. Children’s Information (You do not have to fill out the children’s Social Security numbers if your
case is only about a protection order.)
Child’s full name
(first, middle, last)
Date of birth
(MM/DD/YYYY)
Race
Sex
Soc. Sec. #
Current location: lives with
1.
M
F
Petitioner
other:
Respondent
2.
M
F
Petitioner
other:
Respondent
3.
M
F
Petitioner
other:
Respondent
4.
M
F
Petitioner
other:
Respondent
5.
M
F
Petitioner
other:
Respondent
6.
M
F
Petitioner
other:
Respondent
7. Have the children lived with anyone other than Petitioner or Respondent during the last
five years? (Check one):
No
Yes
If Yes, fill out below:
That person’s current address
Children lived with (name)
1.
2.
8. Do other people (not parents) have custody or visitation rights to the children?
(Check one):
No
Yes
Person with rights (name)
If Yes, fill out below:
That person’s current address
1.
2.
9. If you are asking for custody and are not the parent, list all other adults living in your home:
1. (Name):
Date of birth (MM/DD/YYYY):
2. (Name):
Date of birth (MM/DD/YYYY):
I declare under penalty of perjury under Washington State law that the information on this form about me is
true. The information about the other party is the best information I have or is unavailable because (explain):
Check here if you need more space to list other Petitioners, Respondents, or children. Put that information
on the Attachment to Confidential Information, form FL All Family 002, and attach it to this form.
Signed at (city and state):
Petitioner/Respondent signs here
RCW 26.23.050; 26.50.160; GR 22
Mandatory Form (05/2016)
FL All Family 001
Date:
Print name here
Confidential Information
p. 2 of 2
Attachment to
Confidential Information
County:
(Additional Parties or Children)
(AT)
Clerk: Do not file in a public access file
Case No.:
Use this form if there are more parties or children in your case than you can list on the Confidential Information form.
1. Other Party’s Information (if any) – This person is a (check one):
Petitioner
Respondent
Full name (first, middle, last):
Date of birth (MM/DD/YYYY):
Sex:
M
F
Driver’s license/Identicard (#, state):
Race:
Relationship to children in this case:
Mailing address (This address will not be kept private.) (street address or PO box, city, state zip):
If your case is only about a protection order, the information below is not required. Skip to 2.
Home address (check one):
same as mailing address
Phone:
listed below (street, city, state, zip):
Email:
Social Sec. #:
Employer’s name:
Employer’s phone:
Employer’s address:
2.
Other Party’s Information (if any) – This person is a (check one):
Full name (first, middle, last):
Petitioner
Respondent
Date of birth (MM/DD/YYYY):
Driver’s license/Identicard (#, state):
Race:
Sex:
M
F
Relationship to children in this case:
Mailing address (This address will not be kept private.) (street address or PO box, city, state zip):
If your case is only about a protection order, the information below is not required. Skip to 3.
Home address (check one):
same as mailing address
Phone:
Email:
listed below (street, city, state, zip):
Social Sec. #:
Employer’s name:
Employer’s phone:
Employer’s address:
3. Other Children’s Information (if any) (You do not have to fill out the children’s Social Security
numbers if your case is only about a protection order.)
Child’s full name
(first, middle, last)
Date of birth
(MM/DD/YYYY)
Race
Sex
Soc. Sec. #
Current location: lives with
7.
M
F
Petitioner
other:
Respondent
8.
M
F
Petitioner
other:
Respondent
RCW 26.23.050
Mandatory Form (05/2016)
FL All Family 002
Attachment to Confidential Information
(Additional Parties or Children)
p. 1 of 1
Superior Court of Washington, County of
In re custody of:
Children:
No.
Petitioner/s (person/s who started this case):
Notice of Appearance
(for a party without a lawyer)
(APPS)
Respondents (parents and any guardian or
custodian):
Notice of Appearance
(for a party without a lawyer)
1.
My name is:
2.
I am filing this notice to appear in this case. I must be notified of any court hearings and
receive copies of any papers filed in this case.
3.
I agree to accept legal papers for this case at the following address
(this does not have to be your home address):
street address or PO box
4.
.
city
state
zip
(Optional) I also agree to accept legal papers for this case at the following email address:
.
Sign here
Date
If this address changes before the case ends, you must notify all parties and the court clerk in writing.
You may use the form Notice of Address Change (FL All Family 120). You must also update your
Confidential Information form (FL All Family 001) if this case involves parentage or child support.
Mandatory Form (05/2016)
FL All Family 118
Notice of Appearance
(for a party without a lawyer)
p. 1 of 1
Superior Court of Washington, County of
In re custody of:
Children:
No.
Petitioner/s (person/s who started this case):
Declaration of
(name):
(DCLR)
Respondents (parents and any guardian or
custodian):
Declaration of (name):
1.
I am (age):
years old and I am the (check one):
Other (relationship to the people in this case):
2.
I declare:
Optional Form (05/2016)
FL All Family 135
Declaration
p. 1 of __
Petitioner
Respondent
(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):
Sign here
Date:
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 __
Superior Court of Washington, County of
In re custody of:
Children:
No.
Petitioner/s (person/s who started this case):
Sealed Personal Health Care Records
(Cover Sheet)
(SEALPHC)
 Clerk’s action required.
For use in Family Law and Guardianship cases.
Respondents (parents and any guardian or
custodian):
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
Sign here
Respondent or his/her lawyer
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 __
Superior Court of Washington, County of
In re custody of:
Children:
No.
Petitioner/s (person/s who started this case):
Sealed Confidential Report
(Cover Sheet)
(SEALRPT)
 Clerk’s action required.
For use in Family Law and Guardianship cases.
Respondents (parents and any guardian or
custodian):
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)
GR 22(e), (g)
Mandatory Form (05/2016)
FL All Family 013
Sealed Confidential Report
p. 1 of __
Other (specify):
Submitted by:
Petitioner or lawyer
Sign here
Respondent or lawyer
Other:
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 __
Superior Court of Washington, County of
In re custody of:
Children:
No.
Petitioner/s (person/s who started this case):
Proof of Mailing or Hand Delivery
(for documents after Summons and Petition)
(AFSR)
Respondents (parents and any guardian or
custodian):
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
and am competent to be a witness in this case.
2.
On (date):
(name):
, I served copies of the documents listed in 3 below to
(name of party or lawyer served):
mail (check all that apply):
by:
first class
mailing address
certified
city
email to (address):
(only if allowed by agreement, order, or your county’s Local Court Rule)
CR 5(b)
Optional Form (05/2016)
FL All Family 112
Proof of Mailing or Hand Delivery
p. 1 of 2
other
state
zip
fax to (number):
(only if allowed by agreement, order, or your county’s Local Court Rule)
Hand delivery at (time):
a.m.
p.m. to this address:
street address
city
state
zip
I left the documents (check one):
with the party or lawyer named above.
at his/her office with the clerk or other person in charge.
at his/her office in a conspicuous place because no one was in charge.
with (name):
at the address listed in court documents where the party agreed to receive
legal papers for this case.
,
(For a party or lawyer who has no office or whose office is closed) at his/her
home with (name):
,a
person of suitable age and discretion who lives in the same home.
3.
List all documents you served (check all that apply):
(The most common documents are listed below. Check only those documents that were served. Use the “Other”
boxes to write in the title of each document you served that is not already listed.)
Notice of Hearing
Notice Re Military Dependent
Motion for Temporary Family Law Order
and Restraining Order
Sealed Financial Documents
Proposed Temporary Family Law Order
Proposed Parenting Plan
Declaration of:
Proposed Child Support Order
Proposed Child Support Worksheets
4.
Financial Declaration
Declaration of:
Declaration of:
Other:
Other:
Other:
Other:
Other:
Other:
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
CR 5(b)
Optional Form (05/2016)
FL All Family 112
Print or type name of server
Proof of Mailing or Hand Delivery
p. 2 of 2
Superior Court of Washington, County of
In re custody of:
Children:
No.
Order on Adequate Cause for Non-Parent
Custody
Petitioner/s (person/s who started this case):
(ORRACG / ORRACD / ORH: see 6)
Respondents (parents and any guardian or custodian):
Order on Adequate Cause for Non-Parent Custody
1.
(Name):
made a Motion for Adequate Cause
Decision and the court finds there is reason to approve this order. (Check one):
An adequate cause hearing was held.
all parties agree there is adequate cause (valid reasons) for the case to move forward,
or any party not in agreement has been defaulted.
 The Court Finds:
2.
Jurisdiction
This court has jurisdiction over the children in this case.
This court does not have jurisdiction over the children in this case.
Other (specify):
3.
Timing of Adequate Cause Decision
The court cannot decide adequate cause yet because:
the deadline for filing a Response to the Petition has not passed.
not all parties have been served.
RCW 26.10.032
Mandatory Form (05/2016)
FL Non-Parent 417
Order on Adequate Cause
for Non-parent Custody
p. 1 of 4
other (specify):
The court can decide adequate cause because:
all parties have been served and the deadline for filing a Response to the Petition
has passed.
the motion was made by a Respondent and (describe any facts that affect timing
for the other Respondent):
other (specify):
4.
Adequate Cause
After considering the Petition, any supporting documents filed by the Petitioner, and any
documents filed by the Respondents, the court finds the Petitioner (check one):
has not established adequate cause (valid reasons) to move forward to a full hearing
or trial because:
has established adequate cause (valid reasons) to move forward to a full hearing or
trial because:
RCW 26.10.032
Mandatory Form (05/2016)
FL Non-Parent 417
Order on Adequate Cause
for Non-parent Custody
p. 2 of 4
5.
Other Findings (if any)
 The Court Orders:
6.
Decision
No Adequate Cause – The Non-Parent Custody Petition is dismissed.
Adequate Cause Found –
The Non-Parent Custody Petition will move on to a full hearing or trial. The
hearing or trial will take place (check one):
at a later date to be set by the court.
on (date):
at (time):
a.m.
p.m.
in (Court, Room/Dept.):
on the date set by the case scheduling order made when the Petition was filed.
No further hearing or trial date is needed because the court is signing the Final
Non-Parent Custody Order, and any other final orders today by agreement or
default.
7.
Other orders (if any)
Ordered.
Date
Judge or Commissioner
Petitioner and Respondent or their lawyers fill out below.
This order (check any that apply):
This order (check any that apply):
is an agreement of the parties
is presented by me
may be signed by the court without notice to me
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
Print Name
RCW 26.10.032
Mandatory Form (05/2016)
FL Non-Parent 417
Date
Order on Adequate Cause
for Non-parent Custody
p. 3 of 4
Date
This order (check any that apply):
This order (check any that apply):
is an agreement of the parties
is presented by me
may be signed by the court without notice to me
is an agreement of the parties
is presented by me
may be signed by the court without notice to me
Other Petitioner or lawyer signs here + WSBA #
Other Respondent or lawyer signs here + WSBA #
Print Name
Print Name
RCW 26.10.032
Mandatory Form (05/2016)
FL Non-Parent 417
Date
Order on Adequate Cause
for Non-parent Custody
p. 4 of 4
Date
Superior Court of Washington, County of
In re the Custody of:
__________________________________
No.
Child(ren),
Agreement to Join Petition (Joinder)
(JN)
__________________________________
Petitioner(s),
and
__________________________________
Respondent(s).
Agreement to Join Petition (Joinder)
1.
My name is:
2.
I have read and I agree to join the Petition filed by the other side:
(title of Petition):
.
.
I understand that if I fill out and sign below, the court may approve the requests listed in
the Petition unless I file and serve a Response before the court signs final orders.
(Check one):
I do not need to be notified about the court’s hearings or decisions in this case.
I ask the other side to notify me about any hearings in this case. (List an address
where you agree to accept legal documents. This may be a lawyer’s address or any
other address.)
address
city
state
zip
(Optional) email:
If this address changes before the case ends, you must notify all parties and the court 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.
3.
Other (if any):
Sign here
Mandatory Form (05/2016)
FL All Family 119
Print name
Agreement to Join Petition (Joinder)
p. 1 of 1
Date
Superior Court of Washington
County of _________________
In re the Custody of:
__________________________________
No.
Child(ren),
Waiver Of Rights Under
Servicemembers Civil
Relief Act and Admission
Of Service
__________________________________
Petitioner(s),
and
__________________________________
Respondent(s).
(No Mandatory Form Available)
My name is
. I am the respondent/nonmoving
party in the above-entitled action. The petitioner/moving party has requested nonparental custody. I am a
member or the protected dependent of a member of the United States military and I am informed of my
rights under the Servicemembers Civil Relief Act of March 4, 1918, as amended and the Military
Servicemembers Civil Relief Act, RCW Ch. 38.42. I waive my rights under the Servicemembers Civil
Relief Act and the Military Servicemembers Civil Relief Act, RCW Ch. 38.42 and I request the court to
determine whether to grant the relief requested by the petitioner/moving party.
I received a copy of the Summons and Petition for Nonparental Custody and Proposed
Residential Schedule and Proposed Order of Child Support (if applicable) and other documents listed in
the Return of Service or Acceptance of Service in this matter on
Waiver of Rights Under Service Members
Civil Relief Act - Page 1 of 2
.
Name of Servicemember:
Rank:
Serial No.:
Unit:
Signed at ___________________________________, on _____________________________.
[Place]
[Date]
Signature of Nonmoving Party
Print or Type Name
SUBSCRIBED AND SWORN to before me this
day of
NOTARY PUBLIC in and for
the state of
residing at
My Commission Expires:
Waiver of Rights Under Service Members
Civil Relief Act - Page 2 of 2
,
.
,
.
.
Superior Court of Washington, County of
In re the Custody of:
__________________________________
Child(ren),
No.
________________________
Notice of Military Dependent
__________________________________
Petitioner(s),
and
(No Mandatory Form Developed)
__________________________________
Respondent(s).
I declare under penalty of perjury under the laws of the State of Washington that I am the
dependent of a member of the National Guard or a military reserve component under a call to active
service for a period of more than thirty consecutive days. I am filing this Notice to inform the court that I
believe I am entitled to protections under the Servicemembers’ Civil Relief Acts and that I do not waive
those protections.
I am:
[ ] the service member’s spouse
Notice of Military Dependent
p. 1 of 2
[ ] the service member’s minor child
[ ] an individual for whom the service member provided more than one-half of my support for
the last 180 days.
I am the dependent of the following service member:
Name of Service member:
Rank:
Serial No.:
Unit:
Signed at _____________, ________________ (city and state) on _____________ (date).
Signature
Print or Type Name
Notice of Military Dependent
p. 2 of 2
3113EN RESPONDING TO A NON-PARENT CUSTODY PETITION - 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:
1.
2.
3.
4.
5.
6.
7.
LeeAnn Friedman
Northwest Justice Project
500 W. 8th, Suite 275
Vancouver, WA 98660
Or email to [email protected]
Where did you get this packet?
 CLEAR  washingtonlawhelp.org  Court Clerk or Facilitator
 Other:
What is your primary language?
Are you low-income?  yes  no
What is the last grade you finished in school?
Did you read the instructions?  yes  no
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?
Did you find anything hard to understand?  yes  no
If yes, please tell us what.
8.
Did you find any mistakes?  yes  no
9.
Additional Comments [use back if you need to]:
Describe mistakes. Include the page #.
Today’s Date: