3603EN – Rev. 5/2016 Filing an Agreed Petition for a Parenting Plan, Residential Schedule or Child Support: Parentage Cases Instructions and Forms May 2016 3603EN – Rev. 5/2016 Table of Contents Section 1: Introduction and Important Information ....................................................... 1 A. Should I use this packet? ..................................................................................... 1 B. How much does filing my case cost? ................................................................... 3 C. Where should I file my Petition?........................................................................... 3 D. How do I request a copy of my Paternity Affidavit or Acknowledgment? ............. 3 E. What if I have questions that this packet does not answer? ................................ 4 Section 2: Words and Expressions You Should Know ................................................. 5 Section 3: How to File an Agreed Petition for Parenting Plan ...................................... 9 Section 4: What is in this Packet? ................................................................................ 12 A. Forms you need in this packet: .......................................................................... 12 B. Other forms you may need in this packet: .......................................................... 12 Section 5: What Else will I need that is not in this Packet? ........................................ 12 A. Other packets you will or may need to start your petition: .................................. 13 Section 6: General Instructions .................................................................................... 14 Section 7: How to fill out each Form ............................................................................ 19 A. Petition for Parenting Plan, Residential Schedule and/or Child Support - FL Parentage 331 ................................................................................................... 19 B. Confidential Information Form and Attachment - FL All Family 001 & 002 ......... 21 C. Sealed Birth Certificate or Paternity Document - FL Parentage 329 .................. 22 D. Civil Case Cover Sheet ...................................................................................... 22 E. Parenting Plan – FL All Family 140 ...................................................................... 2 F. Final Order and Findings for a Parenting Plan, Residential Schedule an d/or Child Support (“Findings”) - FL Parentage 333 .................................................... 9 G. Washington State Child Support Worksheets .................................................... 10 H. Financial Declaration ......................................................................................... 10 I. Sealed Financial Source Documents Form ........................................................ 10 J. Child Support Order – FL All Family 130 ........................................................... 11 Section 8: Filing Your Petition and Getting Your Final Orders Signed ..................... 11 Section 9: Noting Presentation of Final Orders ........................................................... 13 A. How to get a hearing date .................................................................................. 13 B. How much notice to give the other parent .......................................................... 13 Table of Contents | Page - 1 3603EN – Rev. 5/2016 C. Instructions for the Notice of Hearing form – FL All Family 185 ......................... 14 D. Working Papers and Confirming Your Hearing .................................................. 17 E. Going to the hearing .......................................................................................... 17 Section 10: If the Other Parent is in the Military or the Dependent of Someone in the Military ................................................................................................. 19 A. Instructions for the Waiver of Rights Under Service Members Civil Relief Act form ................................................................................................................... 19 B. File the Waiver form ........................................................................................... 20 Section 11: Blank Forms ............................................................................................... 20 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 Washington State Alliance for Equal Justice and to individuals for non-commercial use only.) Table of Contents | Page - 2 3603EN – Rev. 5/2016 Section 1: A. Yes, if: • • • Introduction and Important Information Should I use this packet? you are not married to or in a domestic partnership with your child’s other parent AND your child’s parentage has already been established by paternity affidavit or acknowledgment AND you and the other parent want to ask the court to enter an agreed parenting plan and/or child support court order 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. Use this packet only if you and the other parent agree 100% about all final papers (for parenting plan, child support). You just want final court orders that follow your agreement. Do not use this packet if: • • you and the other parent disagree about anything someone besides you or the other parent has legal custody of a child in the petition If any other person has physical custody or claims a right to custody or visitation, talk with a lawyer about whether to use this packet. Generally, you can use this packet if paternity was established by signing a Paternity Affidavit (called a Paternity Acknowledgment after July 22, 2011) in Washington State, and you currently have no parenting plan. 1 If you already have a parenting plan and you want to change it, you must file a Petition to Change Parenting Plan. Do not use this packet. 1 Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 1 3603EN – Rev. 5/2016 If you are using this packet after you established parentage using a Paternity Affidavit or Acknowledgment, make sure at least 60 days have passed since your Paternity Affidavit or Acknowledgment was filed with the Washington State Department of Health. 2 This packet only discusses parenting plans. We do not recommend you file for a Residential Schedule. A Residential Schedule does not say who can make decisions for the children. A parenting plan does. If you must use a Residential Schedule or have a strong preference, the form (FL Parentage 304) is available at http://www.courts.wa.gov/forms. You can also use this packet and our packet called Child Support Orders for Divorce Cases, Parentage Cases and Petition to Change Parenting Plan Cases to ask for a child support court order. OR you could just ask the Division of Child Support to start an administrative child support case for you. Our publications called Collecting Child Support? and Parentage and Parenting Plans for Unmarried Parents in Washington have more information. If a court established parentage less than 24 months ago, but did not sign a Parenting Plan, you can just file a motion for a parenting plan. Get these forms from the state courts website at http://www.courts.wa.gov/forms/: • • Motion for Parenting Plan or Residential Schedule (within 2 years of Final Parentage Order), form number FL Parentage 317 Order on Motion for Parenting Plan or Residential Schedule, form number FL Parentage 318 To change an existing parenting pan, see the packet Filing a Petition to Change Your Parenting Plan, Residential Schedule, or Custody Order. Before using this packet, you should: 1. Talk with a lawyer. (“What If I have Questions” below has referral information if you are low-income.) Washington’s law about parentage changed effective July 22, 2011. Figuring out whether you can and should file for a parenting plan by agreement is complicated. Our publication called Parentage and Parenting Plans for Unmarried Parents in Washington has general information. Even if you cannot afford to pay one to handle your case for you, a lawyer may advise you about important legal rights that your case may affect. Example: if you file a petition for a RCW 26.26.370(1); RCW 26.26.375(1). Call the Department of Health ((360) 236-4300) to find out when your Paternity Affidavit or Acknowledgment was filed. 2 Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 2 3603EN – Rev. 5/2016 parenting plan, the judge will decide which parent the children will live with, and how much time the children will spend with each parent. The judge will not necessarily order the parenting plan you asked for, even if you and the other parent agree on it. 2. If you are or the other parent is in the military or the dependent 3 of a service member, the service member or dependent should talk with a JAG officer about special protections. 3. Make sure you have a certified copy of your paternity affidavit or acknowledgment. See the question and answer below for information about requesting a certified copy. B. How much does filing my case cost? The costs involved in filing your case include a filing fee of $200 - $250, copying fees, and (possibly) fees for service (delivering the papers to other parties). If you cannot afford the filing fee, there is a form to file a motion asking court permission to file without paying it. The section called “What Else Will I Need?” has more information. C. Where should I file my Petition? You may file a petition for a parenting plan in the county where the child lives. 4 If the child is not living in Washington now, and the court still has jurisdiction to decide custody, you may file in the county where the other parent lives. 5 If another state or a tribal court has entered a custody order, or the child has not lived in Washington for very long, or has moved from Washington, you may not be able to file in Washington. If you have questions about whether to file in Washington, talk with a lawyer. Our publications called Parentage and Parenting Plans for Unmarried Parents in Washington and Which Court Can Enter Custody Orders? Frequently Asked Questions and Answers about Jurisdiction have general information. D. How do I request a copy of my Paternity Affidavit or Acknowledgment? You should file a copy of your Paternity Affidavit/Acknowledgment with your Petition. If you do not have a copy (and you are the child’s parent as listed on the affidavit/acknowledgment), get one from the Department of Vital Statistics in the state where your child was born. If your child was born in Washington State, follow these instructions: Dependents here are usually party, minor child, or a person who has gotten over half his/her support during the last six months from a service member who is a Washington resident on active duty and a National Guard member or Reservist. 4 RCW 26.26.520. 5 RCW 26.26.520. 3 Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 3 3603EN – Rev. 5/2016 1. Write a letter to Center for Health Statistics, P.O. Box 9709, Olympia, WA 985079709. Ask for a certified copy of your Paternity Affidavit/Acknowledgment so you can show the court it is “official”. 2. In your letter, include the following information: o Your full name and your mailing address o A copy of your photo identification (examples: your current driver’s license, or current state ID card) o Full name of each child for whom you need an affidavit o Date of birth of each child of whom you need an affidavit o City and state of each child’s birth o Full name of the child’s father o Full name of the child’s mother 3. You must also enclose a check or money order for $35 for each affidavit that you are requesting, made payable to the Department of Health. Usually it will take a few weeks for the Center for Health Statistics to send your Paternity Affidavit or Acknowledgment to you. If you have other questions about the Paternity Affidavit or Acknowledgment, call the paternity department at the Department of Health at (360) 236-4300, or check the Department of Health’s website at www.doh.wa.gov. If your child was born in another state, you will have to contact that state’s Department of Vital Statistics. Find out from them: • • • • the address to send your check or money order the cost of a certified birth certificate how long it will take them to process your request what information they need in a letter from you (child’s name, birthdate, and so on) E. 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. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 4 3603EN – Rev. 5/2016 Section 2: Words and Expressions You Should Know You may not need every definition in this section. Administrative order: is an order issued not by a court, but by a government agency, like Washington’s Office of Administrative Hearings, in matters involving citizens and government agencies. Acknowledgment of Paternity: See Paternity Affidavit. Appearance: Informing the court and the parties of your whereabouts and your desire to take part in your case. You can do this in-person at a Court hearing or in writing. Most people do this by filing and serving a Notice of Appearance. Certain informal actions, such as negotiating, phoning about the case, or writing a letter, that show a knowledge of the claims in the case and an intent to defend, might also count as an appearance. Attachment: A document stapled to a court form and referred to in the form. Attachments should follow any format rules for court forms. (The General Instructions section of this packet has basic information about the format rules.) 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 it will be hearing. Also called a Docket. Caption: The heading of each legal document. It has the name of the court, the names of the parties, the case number, the name of the document itself, and, sometimes, the type of case. Case Schedule: A printed schedule issued by the court in some counties. It shows major dates and deadlines in your case. 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 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. Each courthouse has 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 like a judge, but only makes decisions relating to a specific subject matter. Many counties have family law commissioners who decide only family law cases 6. 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 varies by county. Not all counties require confirmation. You may have to call the court a few days before the hearing or trial. Local rules explain each county’s requirements. If notice is required and not given, the clerk may cancel the hearing or trial. Court commissioners, not judges, make many decisions in family law cases. In most places in this packet, we just use “judge.” 6 Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 5 3603EN – Rev. 5/2016 Conformed Copy: A copy of any court document 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. Continuance: Delaying your court hearing to a later date. In your county, the judge might have to approve any request for a continuance. Custodian (also Custodial Parent): The person the children live with most of the time. DCS: Division of Child Support: The state office (part of DSHS) that establishes, enforces, and sometimes changes child support obligations in many cases. DCS used to be 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 a petitioner can request if: • • Respondent does not file a Response before the deadline, or if s/he has appeared in the case, if s/he does not file a Response after being served with a Motion for Default. Dispute Resolution: the part of the parenting plan that states how the parties will try to resolve disagreements about the parenting plan (examples: mediation, counseling, court action). A Residential Schedule form usually has no dispute resolution provision. Docket: the court’s schedule of cases it will hear on a particular day. Education expenses: In child support matters, these are expenses related to the child’s education not covered by the child support payment. Examples: tuition; school uniforms. 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 exhibits. If so, they should follow the format rules for court forms. (The General Instructions section of this packet has basic information about the format rules.) Filing: Giving court papers to the Court Clerk to place in the case file. 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 (example: temporary relief). Hearings on important issues (example: motions to dismiss) may end the case. In many counties, the court does not allow live witness testimony at hearings. Instead, the parties must file and serve materials in advance in writing. In some counties, the court may decide the outcome of certain types of modification cases by hearing rather than by full trial. Immediate Restraining Order: An order the judge signs if emergency circumstances require protection before there can be a temporary hearing. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 6 3603EN – Rev. 5/2016 Jurisdiction: The court’s authority to make decisions regarding certain people and issues. If a court does not have jurisdiction, it has no authority to make orders over the person or subject affected. Long-distance transportation: The expense of having to get the children from one parent’s home to another when the parents live far apart. Mediation: A meeting between the parties to a court case and a neutral third party (examples: a mental health professional, judge, retired judge, or lawyer not otherwise involved in the case), where the parties try to mediate, or reach an agreement, about all of the legal issues in their case. Motion: A formal request to the court for an order, usually about a specific issue. Motion Docket: The court’s schedule of motions it will hear. Noncustodial parent: The parent the child does not live with most of the time. Note/Notice of Hearing/Notice of Hearing Docket: A form that 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 take part in the case, and saying where to send papers filed about the case. Order: A court document signed by a judge that requires someone to do (or not do) something. Examples: restraining orders, orders on adequate cause, parenting plans or Findings and Conclusions. The judge must have signed them for them to take effect. If you disobey an order of the court, the judge may hold you in contempt. An order is not in effect until a judge has signed it. Check if an order you are served with is only a proposed order or if the judge has actually signed it. (See “proposed order” definition.) Other party: Every party to the case, besides you. In court forms, the “other party” can also mean one particular party. Example: when the Motion for Default says “other party,” it means the party you believe is in default. Parentage: The legal name for the legal relationship between an unmarried parent and their child. This is also the name of the type of court case. Parenting Plan: A proposal or, if signed by a judge, a court order which states when the child will be with each party, who will make major decisions about the child, and how future disputes about the child will be resolved. Party: A Petitioner or Respondent. GALs and the State of Washington may also be parties. Paternity Affidavit: A special form, now called a Paternity Acknowledgment, typically used by unmarried parents to state the identity of the child’s father. In Washington, these forms are often offered to the mother in the hospital right after a child’s birth. The form must be signed by the mother and the father (and presumed father) of a child and filed with the Washington State Department of Health. If the form is filed after July 1, 1997, and is not rescinded, it is a final legal determination of parentage. If the form was filed before July 1, Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 7 3603EN – Rev. 5/2016 1997, there is a legal presumption that the father named on the form is the child’s father, but the form is not a final legal determination of parentage. Petition: The document that starts a case and asks the court for a decree, judgment, or final order. (Parentage cases filed by the State of Washington are often filed as “the State of Washington on behalf of” the child.) Petitioner: The person who files a legal case. Petitioner in the caption of a form does not change, even when the other party later files motions. 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 if your county does not require it, it is still better to prepare and serve them and deliver copies to the court. A proposed order becomes an order if the judge signs it. The requesting party can be either a Petitioner or Respondent in the original case. Residential Schedule: A proposal or, if signed by a judge, a court order which states when the child will be with each party. In this packet, we simply refer to parenting plans. We do not recommend you file for a Residential Schedule. A Residential Schedule does not say who can make decisions for the children. A parenting plan does. Respondent: The person against whom a legal case was originally filed. Response: A formal written answer to a Petition filed with the court. The term also sometimes describes the papers a person files in response to a motion, so it can be confusing. Here, “Response” with a capital “R” refers to the Response form. We will say “response” with a small “r” for all types of responses, including for example, responses to motions as well as to petitions. Restraining Order: A court order to keep a party from doing something that may harm the other party or child. Ruling: A decision by the court. Service: Giving court papers to the other party. The law defines ways of service that are legally acceptable. When a petitioner starts a case, or files a petition to change a parenting plan, residential schedule, or custody order, 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 with advance court permission, 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. Summons: A written notice that a case has been started. 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. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 8 3603EN – Rev. 5/2016 Transfer Payment: the amount of money the court orders one parent to pay as that parent’s share of basic child support. Trial: The hearing where 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 on the type of case. Waiver: Asking to be excused from something. When you file a motion for a fee waiver, you are asking the court for permission not to have to pay the fee. Working papers/working copies: Local court rules may require you to deliver an extra copy of all of papers (including proposed orders) for your hearing for the judge to read. We call this set of copies Working Papers. To learn the rules for working papers and confirming the hearing in your county, read local court rules, and check with the Family Law Facilitator or court clerk. Section 3: How to File an Agreed Petition for Parenting Plan7 We explain many of the steps listed here in more detail later in this packet. Many counties have case schedules that must be followed in addition to these timelines and steps. Some counties require classes before a judge will sign final orders. Call your court clerk’s office or check with the family law facilitator, if your county has one. Ask about case schedules and local court rules for parenting plan cases, and how to get the judge’s signature on agreed orders. 1. Learn About Parentage, Parenting Plan and Child Support Law in Washington. Even if you and the other parent agree on everything, try to learn more about the laws affecting parentage in Washington. Visit www.washingtonlawhelp.org to read our legal information publications called Parentage and Parenting Plans for Unmarried Parents in Washington and Understanding the Washington State Child Support Schedule and How Child Support is Set in Washington. 2. Check for Special Local Rules. Find out whether your county has special rules or forms you need to file your case. The court must: • • 7 check the judicial information system and databases to identify any information relevant to placing the child before entering a permanent or modified parenting plan in cases where a limiting factor such as domestic violence or child abuse is claimed, have both parties screened to determine whether a comprehensive We refer to this as a “Petition for Parenting Plan” for short. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 9 3603EN – Rev. 5/2016 assessment is appropriate to determine the effect of the limiting factor on the child and the parties Ask the court clerk or family law facilitator about procedures your court is using under this law in parentage cases. You may need to use local forms and procedures not described in this packet. 3. Get a copy of the Paternity Affidavit or Acknowledgment for each child for whom you would like to establish a Parenting Plan. The law says you must file a copy of your paternity affidavit or acknowledgment. The “Introduction and Important Information” section above explains how to request a Paternity Affidavit or Acknowledgment. 4. Fill Out the Forms You Need. 5. Make sure both parties sign ALL of the following forms before you take them to the courthouse: the Parenting Plan and Final Order and Findings for a Parenting Plan, Residential Schedule and/or Child Support. If the court will set child support (and it will if you do not already have a support order), both parties also need to sign the child support worksheets and Child Support Order. The parent listed as the Petitioner needs to sign the Petition form. To show you have an agreement, the responding parent should also sign the “Joinder” section at the very end of the Petition. See also the list of forms in the “File Your Forms” item just below that one or both parties need to complete separately. 6. If there are other parties in your case, all must sign the final court orders. If they do not, you cannot finalize your case by agreement. Talk to a lawyer. Depending on the case, you may be able to use our packet Petition for a Parenting Plan, Residential Schedule and/or Child Support: Parentage Cases. (That packet covers contested cases. This packet does not.) 7. If the child your petition covers has gotten public assistance (TANF) or Medicaid, or the child is in foster care, you must deliver the originals of your final orders to the State of Washington (through the prosecuting attorney or attorney general) for their signature. You cannot enter final orders without their approval. Give them at least two weeks to review the orders and get them back to you. 8. Make the Necessary Copies of the Completed Forms you are filing with the court. 9. Schedule a time for Presentation of your final orders to a judge for signature and entry. Ask the family law facilitator or court clerk how to schedule a time to have a judge sign and enter your agreed final orders. You may be able to present your papers to a judge on the same day you file your Petition, without scheduling a hearing. OR you may have to file a Notice of Hearing or other Notice of Presentation of Final Orders and file and serve a copy before the final hearing. 10. File your forms with the court clerk’s office in the Superior Court where you have decided to file your case. Pay the filing fee or ask the court to waive it. The following is a list of originals the clerk will probably keep when you file your case: o Petition Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 10 3603EN – Rev. 5/2016 o Confidential Information Form (each party should file his/her own completed form, and not give this form to the other party) o Sealed Birth Certificate or Paternity Document with Acknowledgment of Paternity or Paternity Affidavit attached o Financial Declarations (if needed) (one by each parent) o Civil Case Cover Sheet o Parenting Plan o Child Support Worksheets (if you are asking the court to set support) o Sealed Financial Source Documents form with Attachments (if needed)(one by each parent) o Notice of Hearing or Notice of Presentation (if applicable) o Proof of Mailing or Hand Delivery (if applicable) o Waiver of Service Members' Civil Relief Act (if applicable) You will need other forms to complete your case. (See following items.) 11. Present your final order forms for signature without a hearing, if your county allows it. Make sure the judge signs the Final Order and Findings for a Parenting Plan, Residential Schedule and/or Child Support. If you are asking for a custody order, the judge should also sign: o Parenting Plan If you are asking for a court order of child support, the judge should also sign: o Child Support Worksheets o Child Support Order 12. If you need a hearing to present your final orders for signature and entry, see the section called “Presentation of final Orders.” 13. Get conformed copies (copies stamped with the judge or commissioner's signature) of all of the final orders. You will need certified copies of any Protection order or order containing a restraining order. Send a copy of the final papers showing the judge’s signature to the other party. Use the Proof of Mailing or Hand Delivery procedure to show this has been done. Congratulations! You are done! Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 11 3603EN – Rev. 5/2016 Section 4: What is in this Packet? This packet has the following blank forms, and instructions for each form: A. Forms you need in this packet: Form Title Petition for a Parenting Plan, Residential Schedule and/or Child Support Confidential Information Form and Attachment Sealed Birth Certificate or Paternity Document (to keep your Paternity Affidavit confidential) Final Order and Findings for a Parenting Plan, Residential Schedule and/or Child Support Parenting Plan Form Number FL Parentage 331 FL All Family 001 & 002 FL Parentage 329 FL Parentage 333 FL All Family 140 In this packet, we simply refer to parenting plans. We do not recommend you file for a Residential Schedule. A Residential Schedule does not say who can make decisions for the children. A parenting plan does. If you must use a Residential Schedule or have a strong preference, the form (FL Parentage 304) is available at http://tinyurl.com/hwcw5zy. B. Other forms you may need in this packet: Form Title Notice of Hearing Proof of Mailing or Hand Delivery Waiver of Rights Under Service Members' Civil Relief Act Section 5: Form Number FL All Family 185 FL All Family 112 Non-Mandatory Form What Else will I need that is not in this Packet? It depends on the facts of your case. Our do-it-yourself packets should provide you with only the forms you need at the stage you need them. You may need more than one packet to file and finalize your case. Read the information below carefully. Check the boxes by the other packets you need. Then get the other packets you need from www.washingtonlawhelp.org or, if you are low-income, by calling CLEAR at 1-888-2011014. Other Forms You will Need from our packet Child Support Orders for Divorces, Parentage Cases and Petition to Change Parenting Plan Cases if you are asking for a court order of Child Support: Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 12 3603EN – Rev. 5/2016 Form Title Financial Declaration of: Sealed Financial Source Documents Form Washington State Child Support Schedule and Child Support Worksheets Child Support Order Form Number FL All Family 131 FL All Family 011 WSCSS Schedule and Worksheets FL All Family 130 Other Forms you May need if you file certain confidential information. Get them at http://courts.wa.gov/forms: Sealed Personal Health Care Records (Cover Sheet) Sealed Confidential Reports (Cover Sheet) A. FL All Family 012 FL All Family 013 Other packets you will or may need to start your petition: Child Support Orders for Divorces, Parentage Cases and Petition to Change Parenting Plan Cases - if you agree there should be a court order of child support. Filing for Waiver of Your Filing Fee - If you cannot afford to pay the filing fee (usually $200-$250, ask the court to waive (forgive) the filing fee. This packet explains how. Declaration about Public Assistance: FL All Family 132: We do not include this optional form in our packets. Our instructions tell you to serve the State in any case where TANF, Medicaid, or foster care is involved. We instruct you to get the state’s signature on all default and agreed orders where the state might have an interest in the child support obligation in your case. You may need the form if your county requires it or if you need to verify that no public assistance has been paid or that the children are not in foster care or out-of-home placement. You can get this form at the Administrator of the Courts website: http://www.courts.wa.gov/forms/. Serving Papers on the State - if any party is asking for an order regarding child support, and any of the children has gotten public assistance (TANF), or medical coupons/Medicaid or is in foster care or out-of-home placement, get this packet. Include the state as a party. Serve them with papers you file. Immediate Restraining Orders and Temporary Family Law Orders packets – in agreed cases, most people do not need these packets. If you need a court order between the time the case is filed and the time it is finalized, use these packets. We also have a packet for responding to motion for temporary family law orders or immediate restraining orders filed by another party. These packets also have forms and instructions for filing confidential documents and for requesting a GAL (Guardian ad Litem). Petition for Order for Protection (Domestic violence: WPF DV 1.015 - most people Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 13 3603EN – Rev. 5/2016 filing agreed cases will not need this form. If you are asking for an Order for Protection from domestic violence, use this form. Get it from your county clerk’s office, domestic violence advocacy program, or online at http://www.courts.wa.gov/forms/. (The “Petitioner” on the Protection Order form is always the protected person, even if s/he is the respondent in the family law case.) Petition for Order for Protection (Domestic violence: WPF DV 1.015) – Most people who file agreed cases will not need an Order for Protection from domestic violence. If you do need this protection as part of your parentage case, you will need this form. Get it from your county clerk’s office, domestic violence advocacy program, or online at http://www.courts.wa.gov/forms/. Attaching a Petition for an Order of Protection to your petition gives you NO immediate protection order. It only asks the court to 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.) Local Do-it-Yourself packets: Some counties’ local court rules may require you to use other forms or packets. Check with the court clerk or family law facilitator. Law Enforcement Information Sheet (LEIS) – WPF All Cases 01.0400 - If you are entering a restraining order or an Order for Protection, get this form from the clerk of the court or on-line at http://www.courts.wa.gov/forms/. Do not have this form served on the other party. This is not a complete list of packets or legal information available for family law cases. For the complete list, visit www.washingtonlawhelp.org. Domestic Violence Survivors: If another party has a history of physically harming you or the children, or has threatened to do so, and if you have had a dating, roommate, marital, or family relationship with that party, then think about filing a petition for an Order for Protection if you need immediate protection. Orders for Protection offer strong safety restraints (and may be taken more seriously by the police than a restraining order). Our publication Domestic Violence: Can the Legal System Help Protect Me? has more info, or contact your local domestic violence program, or call the 24-hour domestic violence hotline at 1-800-5626025. Section 6: General Instructions These general instructions will apply to all forms you fill out. The instructions cover all types of family law cases. You may not use some of the information in 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 case type. It appears at the top of the first page of every form. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 14 3603EN – Rev. 5/2016 Put the name of the county where you are filing your case in the blank space where the form reads "Superior Court of Washington, County of ." You are the petitioner. The other party is the respondent. Case number. When Petitioner starts the case by filing the initial papers and paying the filing fee (or having the fee waived), the court clerk assigns a case number. All parties must put that case number on every paper they file with the court and serve on the other parties. Put the case number near the top on the right-hand section of the first page of every form after "No." (abbreviation for “number”) You can print the case number OR you may be able to use a special stamp at the court clerk’s counter to stamp the case number on each paper. You must print or stamp the case number on the first page of every copy of every paper you file with the court and on the copies you make for other parties. If you do not, your papers may be lost, or the clerk may return them to you. Some courts will fine you for filing incorrect forms. Title. Each form has a title. It is directly under the case caption. Sometimes the full title is on the form. Sometimes you must add more information to finish it. (Example: On a declaration, you put the name of the person filling out the declaration.) Format: Pleadings (legal forms) that you file with the court and attachments to those pleadings must follow the court rules about size and margins (GR 14(a)). You must use regular size (8 ½ x 11”) white paper. You may write on only one side of the paper. The first page of each paper that you file must have a threeinch margin (three inches of space) at the top. The other margins (left, right and bottom, and the top from the second page on) must be at least one-inch wide. Use black or dark blue ink. If your forms do not follow these rules, the court clerk may refuse to file them or may make you pay a fine. The contents. Fill out each form according to the instructions for that form. In most counties, you may print or type the information. It must be readable. You must use BLACK OR DARK BLUE INK. In a few counties, you must type everything. After filling out each form, re-read it. Make sure you have correctly filled in all blanks you need to. Any corrections must be neat and readable. Do not write in the margins of any page. The clerk may reject your form. Dates. On the last page of most forms (not including orders), there is a space for the person who filled the form out to put the date they signed it. The judge will fill in dates in orders when s/he signs the order. Signatures. • Your Signature: After you fill out a form, look for the place(s) to sign your name: Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 15 3603EN – Rev. 5/2016 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 the motion, you must fill out and sign the section called Person making this motion (or asking for this order) fills out below. When you prepare an order and plan to present it for the judge to sign, look for the place at the end for your signature. Check is presented by me. • • 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 some information in court files. The following three boxes discuss these rules: GR (General Rule) 15, GR 22 and GR 31. Box #1- Things to Not Put in Most Court Papers: Court General Rules 22 & 31 try to protect privacy in family law cases. Almost all pleadings, orders and other papers filed with the court are available to the public. They may also be available to the public online. Except where instructions about a specific form tell you otherwise (example: the forms in Box #3), use these rules for papers you file with the court. Address (Where you live) and Phone Number: You must put an address where you can get mail from the court. (It does not have to be your home address.) You should also give the court a phone number where they can reach you. Social Security/Driver’s License, ID Numbers of Adults and Children: If you put these in court papers, put only the last four digits, not the whole number. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 16 3603EN – Rev. 5/2016 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. 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 in your personal information completely (including your home address, social security number, and so on): Confidential Information Form, Vital Statistics Form, Domestic Violence Information Form, and Law Enforcement Information Sheet. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 17 3603EN – Rev. 5/2016 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 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): Clerk’s action required: 1 John Brown This is the form’s title. 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 Person asking for this hearing signs here I agree to accept legal papers for this case at: 5252 A Street address Treelane city WA state (Optional) email: [email protected] 98888 zip Respondent or his/her lawyer 5/1/16 Print name (if lawyer, also list WSBA No.) Date This does not have to be your home address. If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may use the Notice of Address Change form (FL All Family 120). A party must also update his/her Confidential Information form (FL All Family 001) if this case involves parentage or child support. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 18 3603EN – Rev. 5/2016 Section 7: How to fill out each Form You must fill these out whether you are asking for a parenting plan, child support, or both. A. Petition for Parenting Plan, Residential Schedule and/or Child Support - FL Parentage 331 Caption. Fill out the caption as shown in the General Instructions. 1. Put your name. Check the box(es) showing what you want. 2. Children. Give the info requested for each child the petition covers. 3. Was parentage established by court order? Check the box that applies. If you check Yes, fill in any blanks as needed. 4. Was parentage established by Paternity Acknowledgement? Check No and skip to 5 if you checked Yes in 3. Otherwise, check Yes, and check any remaining boxes and fill in any blanks needed. 5. Was a Paternity Acknowledgment filed in Washington state? Check the first No and skip to 6 if you answered yes to 3, above. Check the second No and skip to 6 if your paternity acknowledgment is from out-of-state. Otherwise, check Yes. In the next blank, put the child’s name. In paragraph (b) of this section, check the box showing why the deadline to withdraw the Acknowledgment has passed. If you check the second box there, put the date of the hearing you are referring to. 6. Jurisdiction over parents. Check every box that applies in your case. The “respondent” is the other party. Also, check the box(es) at the end of the paragraph to show which parent(s) live in Washington. 7. Children’s Home/s. Check the box that applies. If you check Yes, you must fill out the chart with the info requested. If a child has lived with someone besides Petitioner or Respondent, it was not either party, put that person’s name. If the children lived with anyone other than a named party in the last five years, include that person’s name and current address on the Confidential Information Form. 8. Other people with a legal right to spend time with a child. Check the box that applies in this case. If you check Yes, you must fill out the chart with the info requested. 9. Other court cases involving a child. Check the box that applies in this case. If you check Yes, you must fill out the chart with the info requested. Examples of other types of court cases involving the child: protection orders, juvenile court cases, dependency cases (CPS), parentage cases, Division of Child Support cases. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 19 3603EN – Rev. 5/2016 10. Jurisdiction over the children. Check all the boxes that apply. For any statement starting in bold you check, you must also check at least one of the boxes indented underneath. Example: if you check Home state jurisdiction, you must check at least one of the boxes underneath it. Fill in blanks as needed. Jurisdiction can be a hard concept to understand. For more on whether Washington has jurisdiction over your children, talk with a lawyer, or read our publications Ending Your Marriage in Washington – The Basics (with children or without children) and Which Court Has the Right to Enter Custody Orders? Frequently Asked Questions and Answers About Jurisdiction. Talk with a lawyer if: • • There has been any custody order in another state or country involving the children. Washington is not the children’s “home state.” 11. Parenting Plan or Residential Schedule. Check the box that applies in this case and follow the instructions for this section. If you have not thought out what you want for a parenting plan yet, and you do not need a parenting plan right away, you can file and serve your proposed parenting plan later. If you check the box saying you will file your proposed parenting plan later, you cannot ask the court to enter a default order without filing and serving a Proposed Parenting Plan. If you think Respondent might not respond to the petition, check that you are attaching a proposed order. You should prepare a proposed parenting plan, and file and serve it with the Petition. 9. Child support. Check the box that applies and follow the instructions for this section. What agency sets child support? In Washington, the Division of Child Support handles administrative child support matters, especially if you or the child has ever received public assistance. 13. Protection Order. Check No and skip to 14 if you do not want a Protection Order. Check Yes if you want a Protection Order. Follow the instructions. Check the third box if there is already a protection order between you and Respondent. Put the requested details about that protection order. 14. Restraining Order. Check No and skip to 15 if you do not want a restraining order. If you want a restraining order that will tell your party not to harass or bother you, check Yes. Check boxes and fill in blanks to show what you want from the restraining order. If you check Stay away, and then the first box underneath that, a good distance to put is 500 feet (about the length of a football field). 15. Fees and costs. Check the box that applies to you. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 20 3603EN – Rev. 5/2016 16. Other orders. Most people skip this section. Petitioner fills out below: Put the place (city, state) where you are signing. Date the form. Sign where it says to. Print or type your name in the next blank. Respondent fills out below: If Respondent agrees with the Petition, s/he should fill out this section. S/he should fill out his/her name in the first blank and check the box showing what kind of notice s/he wants about the rest of the case. If Respondent wants you to give notice before the entry of final orders, s/he should check I ask the petitioner to notify me and put his/her mailing address. If Respondent does not want notice, s/he should check I do not need to be notified. Respondent should sign and print his/her name and date the form. B. Confidential Information Form 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. 8 Fill out this form. File it with the court clerk. Keep a copy for yourself. Do not serve the Confidential Information Form and Attachment 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. 9 1. Put your name. Put 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 updated form. Check no if there is no current restraining order or protection order in place, and skip to 3. 8 9 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. RCW 26.23.050(5)(l) & (7); GR 22(g) & (h). RCW 26.23.055(2) & (3). Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 21 3603EN – Rev. 5/2016 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 to Confidential Information if there is more than one respondent. 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 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 Respondent have custody or visitation rights. Check yes if other people besides Petitioner and Respondent 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. Sealed Birth Certificate or Paternity Document - FL Parentage 329 Caption. Fill out the caption. Check the box next to paternity acknowledgment. Submitted by: Check the box showing which party you are. Sign and print or type your name where indicated. At the top of the first page of your Paternity Affidavit or Acknowledgment, put “Sealed.” Attach the copy of your Paternity Affidavit or Acknowledgment to the Sealed Acknowledgement/Denial of Paternity form. Read the Warning at the bottom of the page. Follow its instructions if you are concerned about your safety. D. Civil Case Cover Sheet Some local courts have their own forms. Check with the clerk. Under “Case Types 3-6” put the county where you are filing. Put the case number when the clerk assigns one. Put the Title of the case from your Petition. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 22 3603EN – Rev. 5/2016 In the first column, under “Domestic Relations,” check “Parenting Plan/Child Support (PPS 3).” E. Parenting Plan – FL All Family 140 You should fill this out if you want a custody order. You must choose to ask for either a Parenting Plan or a Residential Schedule. You need only one. This packet only discusses parenting plans. We do not recommend you file for a Residential Schedule. A Residential Schedule does not say who can make decisions for the children. A parenting plan does. If you must use a Residential Schedule or have a strong preference, the form (FL Parentage 304) is available at http://www.courts.wa.gov/forms/. Before you start, make at least one extra copy of the parenting plan and keep it, just in case. If you will ask for the same parenting plan with your petition (or Response) and motion for temporary family law orders, make copies of the form after filling most of it out. Fill out the entire Parenting Plan except for section 1. Make several copies. Read the instructions carefully. Take your time. If you need hands-on help, your superior court may have a Family Law Facilitator who can give more info or help filling out problem spots in the forms. Ask your superior court clerk if your county has one. Show the parenting plan out to show the agreement you made. Caption. Fill in the caption. 1. This Parenting Plan is a: Check Proposal. In the blank, put your name. 2. Children. List the names and ages of the minor children this parenting plan will cover. 3. Reasons for putting limitations on a parent. This is where you tell the Court if you have agreed to restrict the other parent’s time with the child(ren), and why. 3a. Check the first box and skip to 3b if the other parent or someone living with him/her has not done anything listed here. Check the second box if the other parent or someone living with him/her has done anything listed here. Then underneath check which apply. List the parent’s name where needed. 3b. Check the first box and skip to section 4 if neither the other parent nor anyone living with him/her has any of the listed issues. Check the second box if the other parent or someone living with him/her does have any of the listed issues. Then underneath, check which issues. List the parent’s name where needed. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 2 3603EN – Rev. 5/2016 If the judge agrees the issue exists (the other parent never responds or you prove the allegations after the other parent responds), it will likely order restrictions. Examples: the court may order supervised visits, or that the other parent cannot make any major decisions about the children.10 Abusive Use of Conflict: Check this box if the other parent has made derogatory comments to the children about you or untrue accusation to others (example: makes repeated calls to CPS on you for no reason). In 14 (Other), you may ask the court to restrain the other parent from doing these things. In 4 (limitations on a parent),under Evaluation or treatment required, you may ask the court to suspend visits if the other parent engages in this behavior and order that visits will only resume once the other parent completes a parenting skills class. Neglect: If you check this box, in section 14 (Other) you may ask the court to order supervised visitation for the other parent until s/he successfully completes a parenting skills program and provides the court and you with written proof of this. 4. Limitations on a parent. Check the first box and skip to 5 if you checked the first boxes in 3a and 3b. Check the second box and skip to 5 if you checked problems or behaviors in 3a and/or 3b BUT you do not believe the court needs to order limitations on the parent. In the blank, explain why. If this is a proposed parenting plan, you must convince the judge the children will be safe when they are with the other parent. If you do not, the judge might not sign your parenting plan. Check the third box if you checked problems or behaviors in 3a and/or 3b and you agree these are harmful to the child(ren). In the blank, put the other parent’s name. Then check the box(es) underneath that apply. Supervised contact: Check this if you agree the judge should order supervised visits. In the blank, put the other parent’s name. • • • • Check the first box underneath if you have agreed to a professional supervisor. Put the supervisor’s name, if you have it. Otherwise, check the second box underneath and put the supervisor’s name. Check the third box if the schedule for supervised visits will be in sections 8 – 11. Check the fourth box and fill in the blanks if you can briefly list the schedule here. Make sure the visitation times in sections 8 - 11 are consistent with the supervision in this paragraph. Example: If visitation lasts all weekend, you may not realistically be able to have someone supervise. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 3 3603EN – Rev. 5/2016 • Check other limitations or conditions if, for example, you agree the supervisor must follow any standard “supervised visitation order” your court uses and/or you agree the court should set conditions during visits such as the supervisor being there for the entire visit and being required to stop any conduct that could harm the children. The supervisor must be someone who can and will protect the children from harm. If you choose a relative or household member to supervise visits, the plan must include conditions to be followed during residential time. The court will not appoint someone who does not want to be a supervisor. Evaluation or treatment required: Check this box and put the other parent’s name in the blank if you agree the court should order the other parent to be evaluated for and/or complete any kind of treatment program approved and certified by the State of Washington before allowing unsupervised or (or, in severe cases, any) visits, or if the court ordered this after hearing. • • • • Check the first box directly underneath if you agree the court should order an evaluation. In the blank, put the type of evaluation. Examples: drug/alcohol, sexual offender, domestic violence. Check the second box directly underneath if you agree the court should order the other parent to start and complete treatment. Check the box underneath showing the specifics. Check the third box if you agree the court should order the other parent to submit proof of their evaluation and other records of treatment. In the last blank, put what happens if the other parent does not follow this section of the parenting plan. Examples: The other parent gets supervised visits only. The other parent loses all visitation rights. The other parent’s visits are suspended immediately until you can go back to court. 5. Decision-making. a. Major Decisions. If both parents should decide together about a type of major decision, check joint next to that type of decision. If only one parent should decide, check limited. At other, put any major issues not listed elsewhere. Some examples: getting a driver’s license, getting married before age 18, or enlisting in the military before age 18. b. Reasons for limits on major decision–making. • • • Check the first box and skip to section 6 if you did not check any boxes in sections 3a or 3b. Check the second box if you checked anything in 3a. Check the third box if both parents are against joint decision making and then check the first box immediately below that, if true. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 4 3603EN – Rev. 5/2016 Check the second box if you agree only one parent should have decision-making authority. Check the box beside the appropriate parent. Check the appropriate box showing the reason. 6. Dispute Resolution. The parenting plan has three alternative dispute resolution processes. You must use the option you check every time you and the other parent have a major difference regarding the children that you cannot work out yourselves. The process may cost a lot. Still, sometimes it is easier and cheaper than going back to court. 6a. Mediation: commonly used. You and the other parent meet with a mediator (a neutral person who could be a lawyer, professional mediator, or mental health professional) to try to work out the problems by agreement. Arbitration: you and the other parent meet with an arbitrator (a neutral person who is usually a lawyer or retired judge). The arbitrator will listen to you both and make a decision you both must follow if you cannot reach an agreement. Counseling: you and the other parent meet with a counselor to try to reach agreement. Court. Check this if you should not use the other options, such as when you cannot afford it or one parent has committed domestic violence against the other. 6b. If you chose mediation arbitration, or counseling, you must also choose how one parent will notify the other that they want to use it. Under the parents will pay for the mediation, check the box for how you will divide the cost. You may choose to divide the cost of dispute resolution 50-50 or some other percentage, based on your incomes as shown on the child support worksheet, or to let the mediator/counselor/arbitrator help you decide. 7. Custodian. Put who the children will be living with more than half the time. Do not make any other changes to this section. If you have agreed on joint custody, and you will each have the child(ren) one half of the time, you may alternate the designation by odd/even year. Get legal advice about your case. Find out whether this would be a good idea for you. Parenting Time Schedule: This section may be confusing. Talk with a lawyer or the family law facilitator. Our publication called Ending Your Marriage or Domestic Partnership in Washington with Children - The Basics may help. Check the first box and skip to section 12 if the only contact the other parent will have with the children is in section 4. Otherwise, check the second box. Make sure the schedule you write is best for your children. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 5 3603EN – Rev. 5/2016 8. School Schedule. 8a. Children under School-Age: • • • Check the first box and skip to 8b if all your children are in school already. Check the second box if the schedule will be the same as for school-age children. Check the third box if the schedule for children under school-age will be different than the one for school-age children. “Every other week” is different from “first and third week.” There are sometimes five weeks in a month. 8b. School-Age Children. Fill out this section even if none of your children is yet in school. Check the boxes showing when you agree this schedule will apply. After the children are scheduled to live with, in the first blank, put who they will live with most of the time. In the second blank, put the other parent’s name. Then check the boxes underneath showing when they will live with the other parent. “Every other week” is different from “first and third week.” There are sometimes five weeks in a month. 9. Summer Schedule. In the first sentence, check the first box if you agree “summer” will start and end according to the school calendar. Check the second box if you agree to something other than the school calendar. Check “the summer schedule is the same as” and skip to section 10 if that is what you agree to. Check the third box if the parents should each have uninterrupted vacation time with the children. Fill in the blank. Check “the summer schedule is different than” if you agree to this. Check the box showing when you want the summer schedule to take effect. After “During the summer the children are scheduled to live with,” in the first blank, put who they will live with most of the time. In the second blank, put the other parent’s name. Then check the boxes underneath showing when they will live with the other parent. Check other if you do not want to set specific dates. In the blank, you can put that one or both parents notify each other by a certain date of the time they would like for that summer. Example: “The children will live with the father during the summer except for four weeks with the mother. The mother shall tell the father by May 15th which weeks she wants.” You can also put whether the time will be all at once or split up. Example: “Four weeks, taken in two, two-week sessions.” Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 6 3603EN – Rev. 5/2016 10. Holiday Schedule. Check the first box and skip to section 11 if you will follow the school schedule. You do not need a special schedule for holidays if you do not want one. Otherwise, check the second box. Then check the box showing which children the holiday schedule applies to. Fill in the table showing what you agree the holiday schedule will be. If you will alternate holidays by year, specify “odd” and “even” years. If you will split a holiday each year (example: Christmas morning with one parent, Christmas afternoon and evening with the other), check Every for both parents. Fill out the split times for that holiday in the section below in the begin day/time and end day/time blanks. Other occasion important to the family: You can use this for • • Any special religious or cultural holidays not otherwise listed. Some of the listed holidays may not be important in your family, particularly if you are not Christian, while the form does not list other important holidays. A child’s birthday, a parent’s birthday, an annual family reunion, and so on. 11. Conflicts in Scheduling. This section says what happens when parts of the Parenting Time Schedule conflict, such as when mom’s Christmas Day falls on dad’s weekend. Check the box showing what you agree to. You can check other to create your own priorities. 12. Transportation. In the first paragraph, check the box showing where you will exchange the children. You can check other location if you want a neutral, public place, like a local fast food restaurant or park. Do this if you know you and the other parent will fight in front of the children or you have reason to be scared the other parent will hurt you. You may put more safeguards to protect your safety if you are at risk during exchanges. In the second paragraph, check the box showing who is responsible for arranging transportation. Arrangements for the cost of transportation go in the Child Support Order. Use the other section to put other conditions on transportation. Example: If the other parent does not have a driver’s license, you can put here that the other parent must arrange for someone with a license to transport the children. 13. Moving with the Children (Relocation). This section is about the laws that apply when a parent wants to move with the children. Do not delete or change this section. 14. Other. Here are some suggestions for how to use this section: Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 7 3603EN – Rev. 5/2016 • • Following Requirements of Other Court Orders: You may agree the other parent must complete requirements already required by another court order (such as a dependency order or an Order for Protection) before s/he can have time (or unsupervised time) with the children. You may agree the other parent must provide written proof of completion of the requirements. Example: You have a Protection Order requiring the other parent to complete domestic violence treatment. You may put here “[Other parent] shall successfully complete all domestic violence treatment required under the Order of Protection entered on [date] under case number [protection order case number], and provide the court and all parties written proof of such successful completion, before s/he may request residential time with the children.” Removal of Children from the State: You can put here that the other parent may not remove the child(ren) from the State of Washington without your written consent. Example: You already know the other parent will be taking the child to another state for an annual family reunion. You would state that as an exception. If there are other rules you agree to, such as giving or denying access to school or medical records, being able to go to or get notice of school or extra-curricular events (sports, church events, music recitals, and so on), or phone contact, put them here. Here is some sample language for rules you might want to include or the court might order: • • • • Phone Calls - Each parent shall be allowed to call the children at reasonable times when they are with the other parent. Activities Outside of School - Neither parent shall sign the child(ren) up for activities which will interfere with the other parent's time, without the other parent’s agreement. Address and Phone of Parents - Both parents shall keep each other advised of their current home address and phone number. School and Activities - Both parents shall have the right to go to school, sports, and other activities of the children. 15. Proposal. Check the second box. At parent requesting plan signs here, sign and put the date and place you are signing. The other parent should sign and date underneath. 16. Court Order. Check the first box. Leave the rest of this section for the judge to fill out and sign. If this is a court order, the parties sign below: In the left-hand column, check is an agreement of the parties and have the other parent check the same in the right-hand column. Check is presented by me. You will sign in the space on the left-hand side and put your name and the date under that. The other parent should sign in the space on the righthand side and put his/her name and the date under that. When you have finished filling out your Parenting Plan, read through it several times. Make sure you understand it and have put everything you want. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 8 3603EN – Rev. 5/2016 F. Final Order and Findings for a Parenting Plan, Residential Schedule an d/or Child Support (“Findings”) - FL Parentage 333 Most of the information you need for this form will be the same as in the Petition. Have a copy of the Petition in front of you when filling out this form. Caption. Fill out the caption. 1. Money Judgment Summary. Check the first box and skip to 2 if there will be no money judgment. Check the second box if there will be any money judgments. Fill out section 16 first. Come back to this table after. Fill in any money one party owes the other. If the other party signed off on the joinder at the bottom of the petition, and does not get further notice of final orders, you cannot ask for anything not requested in your petition. Most money judgments will have a 12% interest rate. If you agreed to a different interest rate, put it in the second blank in Yearly Interest Rate. 2. Court findings based on. Check the first box. 3. Children. Give the info requested. 4. Parentage established. Check the box showing how paternity was established in this case and fill in blanks as needed. 5. Washington state deadlines for Paternity Acknowledgment. In the first paragraph, check the box that applies. If you check the second box, you must also check the appropriate boxes in (b) and (c). 6. Paternity Acknowledgment filed in another state. Check the first box and skip to 7 if you established parentage by court order or a Washington Paternity Acknowledgment. Check the second box if your Paternity Acknowledgment or Affidavit was filed in another state and then check the first box immediately underneath. 7. Notice and jurisdiction over parents. You must at least check the second-to-last box in this section. 8. Jurisdiction over the children. Check the second box. Then check the same boxes that you checked in section 10 of the Petition. If you can only check the first box, STOP. Talk to a lawyer. 9. Parenting Plan or residential Schedule. Check the second box. 10. Child Support. Check the second box and fill in the date, if needed. 11. Protection Order. Check the first box and skip to 12 if there will not be any Protection Order. Check Approved if you agreed to a Protection Order. Check Renewed/Changed if you agreed to this, and check the box underneath that applies. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 9 3603EN – Rev. 5/2016 12. Restraining Order. Check the first box and skip to 13 if there will not be any Restraining Order. Check Approved if agreed to a Restraining Order. 13. Fees and Costs. Check the box showing what you agreed to. 14. Other findings, if any. Most people will not use this. 15. Decision. Check Approved. Then check all orders underneath that are part of your agreed case. 16. Money Judgment. Check the first box and skip to 17 if there is no money judgment. Otherwise, check the second box and fill out the table showing what you have agreed to. 17. Other orders, if any. If you put anything in section 16 of the petition, put it here as well. may put something here. Petitioner and Respondent or their lawyers fill out below. There are two columns of boxes to check, one column for each party. Both of you should is an agreement of the parties. You should each also check whichever other boxes in your column that applies to you. You should each sign and print your name and the date where indicated. G. Washington State Child Support Worksheets You should fill out these forms if you want a child support order. The worksheet forms and instructions for them are in our packet Child Support Orders for Divorces, Parentage Cases and Petition to Change Parenting Plan Cases. Most people using this packet will be preparing a set of worksheets at the start of your case that both parents will sign and ask the judge to sign. Follow the instructions in that packet for preparing final worksheets. Be sure to fill out the “Child Support Order Summary Report” on the first page of the worksheets. H. Financial Declaration You should fill this out if you want a child support order or have agreed one party will provide the other financial relief (such as fees). The worksheet forms and instructions for them are in our packet Child Support Orders for Divorces, Parentage Cases and Petition to Change Parenting Plan Cases. I. Sealed Financial Source Documents Form You should fill one of these out any time you give the court personal financial information. The form and instructions are in our packet Child Support Orders for Divorces, Parentage Cases and Petition to Change Parenting Plan Cases. If the court will decide child support, you should have the last two years of tax returns (or W2s and 1099s if you haven’t yet filed your income tax form), and at least six months of pay stubs or proof of income from other sources such as Social Security. Local court rules may require more documentation. Even in agreed cases, the court may want to see proof of each parent’s income. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 10 3603EN – Rev. 5/2016 J. Child Support Order – FL All Family 130 You should fill one of these out if you are asking the judge to set child support. The order form and instructions are in our packet Child Support Orders for Divorces, Parentage Cases and Petition to Change Parenting Plan Cases. Section 8: Filing Your Petition and Getting Your Final Orders Signed Have the other party sign each completed form. The prosecutor, GAL, or any other party involved in your case must also review and sign the forms before the judge sees them. If the other parent is in the military or the dependent of a military servicemember, follow the instructions in the section called “If the Other Parent is in the Military.” Then return to this section. Find out how your county is implementing the law requiring JIS and database checks before the court enters final parenting plans, and screening/assessments where there are limiting factors of domestic violence or child abuse. See the information box about the law in the “How to File an Agreed Petition” section of this packet. Follow any necessary local procedures under this law. Find out when and where you can present your final orders: Check the court’s local rules or ask the clerk if you need to file a Notice of Hearing to schedule a hearing for a judge to sign your final papers in an agreed case. This is usually called “presentation of your final orders.” o If your local court requires you to schedule a presentation hearing, you will file your petition and other papers starting the case on one day, give the other parties notice of the presentation hearing, and return to court on the day of the presentation hearing to ask the judge to sign the final papers. Ask when to schedule your presentation, and which courtroom it must be in. Follow the directions below for filling out, filing and serving the Notice of Hearing. o If your local court does not require a presentation hearing, and all parties have signed all needed papers, you may be able to file and finalize your case on the same day. Make two copies of every form you filled out. Except: 1) Each parent will need only 11 one copy of the Confidential Information form to keep for himself/herself. Do not give this form to other parties. 2) If you are using the Law Enforcement Information Sheet (LEIS) 11, do not give the other parties this form. You will need extra copies for any other parties in your case. Get this form at the clerk’s office if the court enters a restraining order or an Order for Protection. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 11 3603EN – Rev. 5/2016 Make three full sets of your forms (one set of originals and two sets of copies). The original is for the court. One set is for you. The second set is for the other party. Compare each set with the checklist of forms. Make sure you have the necessary forms in each set. (Put the copy of the Confidential Information form (and any LEIS form) you completed with your own set of forms, and not in the packet for the other party.) Take the originals and the copies to the county court clerk’s office in the superior courthouse where you are filing your Petition. Give the clerk the originals of your papers. Let the clerk know you are filing your case by agreement. Tell the clerk you only have one original of your Parenting Plan. Pay the Filing Fee. The filing fee for a Petition for Parenting Plan is $ 200-250. If you cannot afford the filing fee, ask the court to waive it (allow you not to pay it). Use our packet called Filing for Waiver of Your Filing Fee, or contact the court clerk or family law facilitator. Ask the clerk to stamp your copies to show the date you filed the originals. The clerk will also give you a case number. Ask the clerk to stamp the case number on your copies, OR you must copy your case number onto each of your copies. Take the stamped copies back from the clerk. The clerk will keep the originals of your Petition, Confidential Information form, Paternity Affidavit or Acknowledgment, Financial Declaration and Sealed Financial Source Documents form. Decide which of these applies to you: • • If you must schedule a hearing for presentation of your final orders, or you cannot ask the judge to sign the final papers on the same day you file your case, see the section called “Noting Presentation” and the rest of this packet. OR If you can have your final papers signed the same day you file your case you must: o Make sure the other parent and any other parties, such as the State, if the child has gotten public assistance, have signed the final orders. o Go to the courtroom where “Ex Parte” matters are heard. (The court clerk may tell you where to go.) Enter quietly. Go up to the judge’s clerk, and hand the clerk your papers. Sit down. Wait to be called. When you are called, approach the judge. Explain you are there to present your final orders in the Petition for Parenting Plan case. The judge will review your papers, may ask some questions, and usually will sign your final orders. DO NOT LEAVE THE COURTHOUSE WITH OR CHANGE OR DESTROY COURT ORDERS THE JUDGE HAS SIGNED. If the clerk in the courtroom gives you the signed original orders, file them with the court clerk’s office. If you do not know what to do with the original orders, ask at the clerk’s office for help. Getting Copies of the Orders. You will need copies of the signed orders. You need certified copies of any order with a safety restraint and of any Protection Order. (Get one certified copy for yourself, and one certified copy for each restrained party that you need to serve.) Get conformed copies of other orders. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 12 3603EN – Rev. 5/2016 Ask the clerk how to get the conformed and certified copies you need. Follow those instructions. o For certified copies, the clerk will need to make them and may charge you a fee (such as $5 for the first page and $1 for every extra page) o For conformed copies, the clerk may allow you to take the original orders and make copies in the library or at the clerk’s office. if the copies of proposed orders you brought to court are exactly the same as the orders the judge signed, the clerk may tell you to stamp those copies with the date filed stamp and the judge’s signature stamp. Deliver copies of the final orders to the other parties, as explained in the “How to File an Agreed Petition” section. Keep your own conformed copies in a safe place. If the judge has signed your final orders and you have given copies to the other party, congratulations! You are done. Section 9: Noting Presentation of Final Orders You may have to “note” (give official notice of) the date you are going to ask a judge to sign your final orders, even if you and the other party agree. You can use the Notice of Hearing form to let the court and the other parties know the date, time, location, and reason for your hearing. Ask the family law facilitator or court clerk if your county requires you to you file and serve a notice of hearing to have your orders signed. If not, find out when and where to take your orders to have them signed. If you must note a date, find out if your county uses a special Notice of Hearing form. If your county has no special form to set up a hearing, use the form here. A. How to get a hearing date Check your local court rules (at the law library), or ask your family law facilitator or court clerk out when you may schedule your presentation of final orders. You might have to schedule your hearing in the Ex Parte Department. In many counties, if the State is a party to your case (example: when the children have gotten public assistance), you must schedule your hearing on a date that the prosecutor is present. B. How much notice to give the other parent Under the Washington civil rules, you must give the court and other parties your motion and other legal papers at least five court days (business days that are not court holidays) before the hearing date. 12 Some counties require more than five court days’ notice for family law hearings. Check with your local court rules, or ask the family law facilitator or 12 Civil Rule (CR) 6(d). Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 13 3603EN – Rev. 5/2016 court clerk how many days’ notice you must give. Make sure you count Day 1 as the day after you delivered or mailed the papers. Add Days for Mailing: If you will have notice of the hearing mailed rather than personally delivered, add at least three days 13 to the number of days’ notice your county’s rules require. Example: if you mail a document on a Monday, the law presumes it was served on Thursday. If the third day after the papers are mailed is a weekend or holiday, add days so that the papers arrive on a business day that is not a legal holiday or weekend. 14 Try to give more than the minimum number of days for notice of your hearing. If for some reason the other party does not get enough notice of your hearing, you must reschedule your hearing – even if the other party does not show up and object. C. Instructions for the Notice of Hearing form – FL All Family 185 Caption. Fill in the caption. To the Clerk of the Court and all parties. Put your hearing date and time. Put the courthouse address, courtroom number, and name of the docket or judge’s name. 2. Put “Presentation of Final Orders.” This hearing was requested by. Check the box showing which party you are. Person asking for this hearing signs here: Sign and print your name and address. Fill in the date. Read the box about your address. 1. Filing the Notice of Hearing form Make as many copies of your papers as you need before taking them to the courthouse. You will need one copy for yourself, and one for each other party (except make only a copy for yourself of the Confidential Information form and any LEIS. These two forms are not served on the other party). If your court requires working papers - see the section “Working Papers,” below - make one more copy for the judge. Organize your papers into sets, with one copy of each paper in each set (except do not give the other parties the Proof of Mailing or Hand Delivery or LEIS). Take your completed papers (originals and copies) to the court clerk in the Superior Courthouse where you filed the petition. Give the clerk your original Notice of Hearing (or other local form). Ask the clerk to file the originals of all of your papers, except for the originals of your proposed orders (any form that the judge signs at the final hearing). In most cases, you will keep the original proposed orders and bring them to the hearing for the judge to sign then. Check with the clerk about the proposed orders. Follow the clerk’s instructions. If your county requires working papers, include copies of these proposed orders as part of the working papers. Three days are clearly required under CR 5. There is one legal argument that, reading CR 5 and CR 6 together, you must give at least six days. 14 CR 6(a) & (e); CR 5(b)(2) . 13 Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 14 3603EN – Rev. 5/2016 2. Serving the Notice of Hearing and presentation of final orders You must also have the note for hearing papers properly served on (delivered to) all the other parties. To serve other parties with the Notice of Hearing Docket or the form your county requires, and your final orders, use first class mail or hand delivery. See below. • • • Make sure you have your motion served in time to give the other party enough notice before the hearing date. See the Instructions above under “How Much Notice to Give the Other Parent.” You must serve all parties on time, including the other parent and any other parties, such as the GAL or prosecutor. Our packet Serving Papers on the State has more information on serving the prosecuting attorney. Copy and Organize Your Papers. Make one copy of every paper (including the proposed orders) for each of the other parties. If you need Working Papers, make another copy for the judge. (See the Working Papers section below.) Make a set of the papers for each of the other parties and the judge. Include everything. (Do not give the other parties the Proof of Mailing or Hand Delivery or LEIS or Confidential Information Form.) Keep a full set of copies for yourself. Put each of the other parties’ sets of papers in an envelope, addressed to that party, with your return address. Follow the instructions below for giving the papers to the other parties. 3. Giving the Papers to the Other Party by Mail or Hand Delivery While the case is going on, if the party you are serving has given an address for receiving legal papers in the case, send the papers to him/her there. (The other party’s address may be, for example, at the end of the Response form, a Notice of Appearance, or any updated notice changing the address for service.) If the party has a lawyer in this case, serve the lawyer. Many county courts allow a party to serve his/her own papers after the Summons and Petition have been served. 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 him/her fill out the Proof of Mailing or Hand Delivery the same day. Your friend should fill out a separate form for each person s/he mails or delivers the papers to. File the original Proof of Mailing or Hand Delivery forms with the court clerk and keep a conformed copy for your records. Make sure you have the papers mailed or delivered before your deadline. When counting, do not count the day of delivery or mailing, weekends, or court holidays. Try to give more than the minimum number of days for notice of your hearing. If for some reason the other party does not get enough notice of your hearing, you will need to reschedule your hearing – even if the other party does not show up and object. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 15 3603EN – Rev. 5/2016 Mailing: If your friend mails the papers, rather than personally delivering them, add at least three days 15 to the number of days’ notice your county’s rules require. Example: if you mail a document on a Monday, the law presumes it was served on Thursday. If the third day after the papers are mailed is a weekend or holiday, add days so that the papers arrive on a business day that is not a legal holiday or weekend. If a document is sent by regular first class mail, and if you think another party will not show up at a hearing, have an extra copy sent by certified mail, return receipt requested, for more proof of mailing. Staple the green return receipt card to the Proof of Mailing or Hand Delivery. Hand Delivery: You may have the papers delivered to the other party rather than mailed. “Delivering” the packet of papers to another party (or the other party’s 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 16 if there is no one in charge, leaving it in a place in the office where someone can easily find it (example: on top of the front desk) if the office is closed or the person to be served has no office, leaving it at his home with someone of suitable age living there 17 1. 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 you have given copies of papers you file in court to the other parties. Use a separate form for each party to whom you had papers mailed or delivered. 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 in 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. Three days are clearly required under CR 5. There is one legal argument that, reading CR 5 and CR 6 together, you must give at least six days. 16 Do NOT serve other parties at their offices unless they have used that as their service address in a Notice of Appearance, Petition, or Response form. 17 CR 5(b)(1). This means an adult (or at least older teenager) with no mental impairment that would keep him/her from understanding that the legal papers should be given to the other party. 15 Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 16 3603EN – Rev. 5/2016 I declare under penalty of perjury: Your server should sign and date the form, state the place signed (city and state), and print his/her name in the places indicated. 2. Filing the Proof of Mailing or Hand Delivery Make one copy of each completed Proof of Mailing or Hand Delivery. Do not give copies of this form to the other parties. If you mailed a copy of the forms by certified mail, and have a certified mail receipt back from the post office, attach the original receipt to the Proof of Mailing or Hand Delivery you file with the clerk. Make a copy for your records. If you used certified mail but do not have the green receipt back when filing the Proof of Mailing or Hand Delivery, file the receipt later, attached to a page labeled with your case caption. 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 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. D. Working Papers and Confirming Your Hearing In many counties, you must: • • Deliver an extra copy of all of papers (including proposed orders) for your hearing for the judge to read. We call this set of copies Working Papers or Working Copies. Our publication called What are Working Copies? has more information. Confirm the hearing a few days before the hearing date. “Confirming the hearing” means telling the court the hearing will take place as scheduled. Check with the Family Law Facilitator or court clerk’s office in your county on how to confirm. To learn the rules for working papers and confirming the hearing in your county, read local court rules, and check with the Family Law Facilitator or court clerk. If you do not give the judge working papers and do not confirm your hearing in a county that requires this, the court may cancel your hearing, or the judge might not consider any of your papers. E. • Going to the hearing Take Your Court Papers with You. Bring along all the proposed orders and other original papers you will ask the judge to approve. If you have already delivered the original proposed orders to the court, take along an extra copy in case the judge needs it. Bring your own copies of those papers and your hearing papers. Bring copies of your proofs of service (Proof of Personal Service and/or Proof of Mailing or Hand Delivery). The judge may want to see them. Bring your own copy of all the Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 17 3603EN – Rev. 5/2016 • • • • • • papers you filed and served on the other parties earlier in the case. The judge may have a question about them and not have the court file. Get to Your Hearing Early. Try to dress neatly. Bring a pad of paper and black pen to write notes. Do not bring your children. The judge will usually not let them sit in the courtroom. If you are not there on time, the judge may cancel the hearing. When You Get to the Courtroom. When you get there, tell the person in charge in the courtroom (the clerk or bailiff) your name and that you are there to enter final orders by agreement. Take a seat. When the judge walks in the room, stand. When they call your case name, tell the court you are present. Remain in court until they call your case for hearing. Presenting Your Case. When they tell you to come forward, do so. Give the court the originals of the Final Order and Findings for a Parenting Plan, Residential Schedule and/or Child Support, and, if applicable, Parenting Plan, Child Support Order and Worksheets, and any other orders you filled out. The judge will usually ask if any other party is present. The judge may ask you to explain what you are asking the court to approve and why. Be brief. Speak directly to the judge. The judge may allow any other party who appears at the hearing to speak. Do not interrupt the judge. The judge may ask you questions about your final papers. The judge may also swear you in and go through the Findings, asking you questions about each section. The judge may ask what county you live in, where the other party lives, where the child lives, and so on. We call this “formal proof.” It shows the court there is evidence to support the judge signing the final orders. If you do not understand what the judge is asking, ask the judge to explain. Getting Copies of the Orders. 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. If you do not know what to do with the originals, ask at the clerk’s office. If your final orders contain a restraining order or Protection Order, get certified copies of those orders. (You must pay for certified copies.) The “How to File Your Agreed Petition” section explains how to properly deliver copies of the final papers to the other parties. If your final order has a restraining order or Protection Order, the restrained party must be properly served. Once the judge signs your orders and they are filed with the clerk, your case is final! The Judgment, Parenting Plan, and Child Support Order are court orders once the judge has signed them. It is important to follow the orders. If you find that you cannot follow the orders, talk with a lawyer as soon as possible. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 18 3603EN – Rev. 5/2016 Section 10: If the Other Parent is in the Military or the Dependent of Someone in the Military Skip this section unless the other parent is in the military or the protected dependent of someone on active duty in the military. If the other parent is, or may soon be, on active military duty 18, or is the protected dependent 19 of a service member, ask him/her to fill out and sign this form when s/he signs the papers in this case. If the other parent is willing to give up protections under these laws, s/he needs to sign the form and return it to you or file it with the court. If s/he will not agree to do this, see a lawyer. There are special rules for members of the military or their dependents limiting the court’s ability to make orders adversely affecting the rights of the service member or his/her protected dependent. A. Instructions for the Waiver of Rights Under Service Members Civil Relief Act form Caption. Fill in the Caption. In the first blank, put the other party’s full name. Talk with the other party or write a letter about the form. Include the form with the petition and other court papers for the other party. Call or write the other party. Ask him/her to fill out the rest of the form with the date s/he got the petition and other court papers, the service member’s name, rank, serial number and unit. If s/he is willing to sign this form, s/he must do so in front of a notary public. S/he can then return the form to you to file, or can file the form with the clerk’s office and give you a copy. 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 Servicemembers 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. 18 Dependents are usually the party or minor child or a person who got more than half his/her support in the last six months from a Washington resident on active duty who is a National Guard member or a reservist. RCW 38.42.010. 19 Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 19 3603EN – Rev. 5/2016 Finding a Notary: Your local bank may have a notary. If you have a bank account there, the bank will sometimes provide the notary service for free. Or look up notary publics on the web. B. File the Waiver form When you get the form back from the other party, file it with the clerk’s office as soon as possible. Keep a copy for yourself. Ask the clerk to stamp your copy to show the date that the form was filed. Section 11: 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/. Filing an Agreed Petition for Parenting Plan, Residential Schedule and/or Child Support | Page - 20 Superior Court of Washington, County of _______________ In re parenting and support of: Children: No. Petitioner (person who started this case): Petition for a Parenting Plan, Residential Schedule and/or Child Support (PTPPCS) And Respondent (other parent): Petition for a Parenting Plan, Residential Schedule and/or Child Support Use this form to ask for a Parenting Plan, Residential Schedule or Child Support Order only if parentage has already been established by: Paternity Acknowledgment or Court order that decided parentage. If parentage was established by a court order, use this form only if your proposed plan or schedule would not change the custodian named in the order establishing parentage. 1. My name is: . I ask the court to approve a Parenting Plan or Residential Schedule Child Support (check all that apply): Order. 2. Children Respondent (name): the following children: , and I are parents of Child’s name Age Lives with: 1. Petitioner Respondent 2. Petitioner Respondent RCW 26.26.130(7)(b), .375 Mandatory Form (05/2016) FL Parentage 331 Petition for a Parenting Plan, Res. Sched. and/or Child Support p. 1 of 9 In (county and state): Child’s name Age Lives with: 3. Petitioner Respondent 4. Petitioner Respondent 5. Petitioner Respondent In (county and state): 3. Was parentage established by court order? (Repeat this section for each child as needed.) No. Parentage was established by Paternity Acknowledgment. (Skip to 4.) Yes. A court signed a Final Parentage Order or other order establishing parentage for (child’s name): , but the court did not sign a Parenting Plan or Residential Schedule for that child. The parentage order was signed in (county/state): , in case number: on (date): . Attach or file a certified copy of the parentage order if it was issued in a different county or state from where you are filing this Petition. The parentage order named (parent): as custodian. My proposed plan or schedule would not change the custodian named in the parentage order. If you want to change the custodian, you must file a Petition to Change a Parenting Plan, Residential Schedule or Custody Order (form FL Modify 601) instead of this Petition. 4. Was parentage established by Paternity Acknowledgment? (Repeat this section for each child as needed.) No. Parentage was established by court order as described above. (Skip to 5.) Yes. The Petitioner and Respondent signed a Paternity Acknowledgment for (child’s name): that was filed with the appropriate agency of the State of on (date): . You must file a copy of the Birth Certificate or Paternity Acknowledgment with this petition. Use a cover sheet (form FL Parentage 329) to keep it private (sealed). Was the mother married or in a registered domestic partnership when the child was born (or within 300 days before)? No. (Skip to 5.) Yes. Her spouse/partner (name) signed a Denial of Paternity that was filed with the appropriate agency of the State of on (date) You must file a copy of the Denial of Paternity with this petition. Use a cover sheet (form FL Parentage 329) to keep it private (sealed). RCW 26.26.130(7)(b), .375 Mandatory Form (05/2016) FL Parentage 331 Petition for a Parenting Plan, Res. Sched. and/or Child Support p. 2 of 9 , . 5. Was a Paternity Acknowledgment filed in Washington state? (Repeat this section for each child as needed.) No. Parentage was established by court order as described above. (Skip to 6.) No. Parentage was established by Paternity Acknowledgment in a different state than Washington. (Skip to 6.) Yes. The Paternity Acknowledgment for (child’s name): was filed in Washington state. a. Effective date – The Paternity Acknowledgment (and Denial, if any) became effective (valid) on the date the child was born or the date the Paternity Acknowledgment (and Denial, if any) was filed with the Washington State Registrar of Vital Statistics, whichever was later. b. Deadline to withdraw – The deadline to withdraw (rescind) the Paternity Acknowledgment or Denial has passed because: Everyone who was under 18 when s/he signed the Paternity Acknowledgment (and Denial, if any) has now turned 19; and (check one): it has been more than 60 days from the effective date. it has been less than 60 days from the effective date; but everyone who signed the Acknowledgment (and Denial, if any) was before the court to decide an issue about the child on (date) . c. Deadline to challenge – (check one): The deadline to challenge the Paternity Acknowledgment or Denial has passed. It has been more than four years since the effective date. The deadline to challenge the Paternity Acknowledgment or Denial has not passed. It has been less than four years since the effective date; but the Petitioner says: The child’s acknowledged father is the father, No court has said another man is the child’s father, There are no other open court cases to decide who the child’s father is, and Notice has been given to all other men who claimed to be this child’s father. 6. Jurisdiction over parents A Washington state court has personal jurisdiction (authority to make decisions) over the parents because (check all that apply): the Petitioner lives in Washington State. the Respondent lives in Washington State. the Respondent will be personally served in this state with the Summons and Petition. the Respondent signed an agreement to join this Petition or other document agreeing that the court can decide his or her rights in this case. RCW 26.26.130(7)(b), .375 Mandatory Form (05/2016) FL Parentage 331 Petition for a Parenting Plan, Res. Sched. and/or Child Support p. 3 of 9 an order establishing Respondent’s parentage of the children involved in this case was signed by a Washington state court. other (specify): 7. Children’s Home/s During the past 5 years have any of the children lived: on an Indian reservation, outside Washington state, in a foreign country, or with anyone who is not a party to this case? No. (Skip to 8.) Yes. (Fill out below to show where each child has lived during the last 5 years.) Dates Children From: To: From: To: From: To: From: To: All children (Name/s): Petitioner Other (name): Respondent All children (Name/s): Petitioner Other (name): Respondent All children (Name/s): Petitioner Respondent All children (Name/s): Petitioner All children (Name/s): From: To: Lived with In which state, Indian reservation, or foreign country Other (name): Respondent Other (name): Petitioner Respondent Other (name): 8. Other people with a legal right to spend time with a child Do you know of anyone besides the Petitioner and Respondent who has or claims to have a legal right to spend time with any of the children? No. (Skip to 9.) (Check one): Name of person Yes. (Fill out below.) Children this person may have the right to spend time with All children (Name/s): RCW 26.26.130(7)(b), .375 Mandatory Form (05/2016) FL Parentage 331 Petition for a Parenting Plan, Res. Sched. and/or Child Support p. 4 of 9 Name of person Children this person may have the right to spend time with All children (Name/s): 9. Other court cases involving a child Do you know of any court cases involving any of the children? No. (Skip to 10.) (Check one): Kind of case (Family Law, Criminal, Protection Order, Juvenile, Dependency, Other) Yes. (Fill out below.) County and State Case number and year Children All children (Name/s): All children (Name/s): All children (Name/s): All children (Name/s): 10. Jurisdiction over children (RCW 26.27.201 – .221, .231, .261, .271) The court can order a Parenting Plan or Residential Schedule for the children because (check all that apply; if a box applies to all of the children, you may write “the children” instead of listing names): Exclusive, continuing jurisdiction – A Washington court has already made a custody order or parenting plan for the children, and the court still has authority to make other orders for (children’s names): Home state jurisdiction – Washington is the children’s home state because (check all that apply): (Children’s names): lived in Washington with a parent or someone acting as a parent for at least the 6 months just before this case was filed, or if the children are less than 6 months old, they have lived in Washington with a parent or someone acting as a parent since birth. There were times the children were not in Washington in the 6 months just before this case was filed (or since birth if they are less than 6 months old), but those were temporary absences. (Children’s names): do not live in Washington right now, but Washington was the children’s home state some time in the 6 RCW 26.26.130(7)(b), .375 Mandatory Form (05/2016) FL Parentage 331 Petition for a Parenting Plan, Res. Sched. and/or Child Support p. 5 of 9 . months just before this case was filed, and a parent or someone acting as a parent of the children still lives in Washington. (Children’s names): home state. do not have another No home state or home state declined – No court of any other state (or tribe) has the jurisdiction to make decisions for (children’s names): , or a court in the children’s home state (or tribe) decided it is better to have this case in Washington and: The children and a parent or someone acting as a parent have ties to Washington beyond just living here; and There is a lot of information (substantial evidence) about the children’s care, protection, education and relationships in this state. Other state declined – The courts in other states (or tribes) that might be (children’s names): ’s home state have refused to take this case because it is better to have this case in Washington. Temporary emergency jurisdiction – The court can make decisions for (children’s names): because the children are in this state now and were abandoned here or need emergency protection because the children (or the children’s parent, brother or sister) were abused or threatened with abuse. (Check one): A custody case involving the children was filed in the children’s home state (name of state or tribe): . Washington should take temporary emergency jurisdiction over the children until the Petitioner can get a court order from the children’s home state (or tribe). There is no valid custody order or open custody case in the children’s home state (name of state or tribe): . If no case is filed in the children’s home state (or tribe) by the time the children have been in Washington for 6 months, (date): , Washington should have final jurisdiction over the children. Other reason (specify): 11. Parenting Plan or Residential Schedule Has a court already approved a Parenting Plan or Residential Schedule? Check one: Yes No If Yes: My plan or schedule was approved by a court on (date): in (county/state): in case number: . If No: Do you want the court to order a Parenting Plan or Residential Schedule? Check one: RCW 26.26.130(7)(b), .375 Mandatory Form (05/2016) FL Parentage 331 Yes No Petition for a Parenting Plan, Res. Sched. and/or Child Support p. 6 of 9 If Yes: My proposed Parenting Plan (form FL All Family 140) or Residential Schedule (form FL Parentage 304) (check one): is attached will be filed and served at a later date. Important! The court can order a Parenting Plan or Residential Schedule in this case only if a court has not already approved one. To change an earlier plan or schedule, use the Petition to Change a Parenting Plan, Residential Schedule or Custody Order (form FL Modify 601). 12. Child Support Has a court or child support agency already approved a child support order? Check one: Yes No If Yes: My child support order was approved on (date): by a court agency in (county/state): In case number: . If No, or if the order was approved by an agency: Do you want the court to order child support? Check one: Yes No If Yes: Check the orders you want the court to approve: Order child support, including medical support, according to state law. Order the Respondent to pay past support, medical costs, and other costs for the children. Important! The court can approve a child support order in this case only if a court has not already approved one. To change an earlier child support order that was approved by a court, use the Petition to Modify Child Support Order (form FL Modify 501) or Motion to Adjust Child Support Order (form FL Modify 521). You can get a new child support order in this case if your earlier order was from an agency such as the Division of Child Support (DCS). 13. 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 the other parent and me. (Describe): Court that issued the order: Case number: Expiration date: RCW 26.26.130(7)(b), .375 Mandatory Form (05/2016) FL Parentage 331 Petition for a Parenting Plan, Res. Sched. and/or Child Support p. 7 of 9 14. Restraining Order Do you want the court to issue a Restraining Order as part of the final orders in this case? No. (Skip to 15.) Yes. Check the type of orders you want: Do not disturb – Order the Respondent not to disturb my peace or the peace of any child listed in 2. Stay away – Order the Respondent: Not knowingly to go or stay within feet of my home, workplace, or school, or the daycare or school of any child listed in 2. To stay away from my home, workplace, or school, and the daycare or school of any child listed in 2. Do not hurt or threaten – Order the Respondent: Not to assault, harass, stalk or molest me or any child listed in 2; 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 the Respondent: 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 Family Law Order and Restraining Order (FL Parentage 323) or a Motion for Immediate Restraining Order (Ex Parte) (FL Parentage 321). 15. Fees and Costs Does not apply. I ask the court to order the Respondent to pay lawyer fees, guardian ad litem fees, court costs, and other reasonable costs. 16. Other Orders Does not apply. I ask the court to order (specify): RCW 26.26.130(7)(b), .375 Mandatory Form (05/2016) FL Parentage 331 Petition for a Parenting Plan, Res. Sched. and/or Child Support p. 8 of 9 17. Summary of Requests I ask the court to approve the following orders (check all that apply): Petitioner’s proposed Parenting Plan or Residential Schedule Child Support Order, according to the Washington State Child Support Schedule Order for Protection Restraining Order Payment of lawyer fees, guardian ad litem fees, court costs, and other reasonable costs. Other (specify): Petitioner fills out below: I declare under penalty of perjury under the laws of the state of Washington that the facts I have provided on this form are true. Signed at (city and state): Date: Petitioner signs here Print name Petitioner’s lawyer (if any) fills out below: Petitioner’s lawyer signs here Print name and WSBA No. Date Respondent fills out below if he/she agrees to join this Petition: I, (name): , agree to join this Petition. I understand that if I fill out and sign below, the court may approve the requests listed in this 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 Petitioner 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 (If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may use the Notice of Address Change form (FL All Family 120). You must also update your Confidential Information Form (FL All Family 001) if this case involves parentage or child support.) Respondent signs here RCW 26.26.130(7)(b), .375 Mandatory Form (05/2016) FL Parentage 331 Print name Petition for a Parenting Plan, Res. Sched. and/or Child Support p. 9 of 9 Date 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: RCW 26.23.050; 26.50.160; GR 22 Mandatory Form (05/2016) FL All Family 001 Confidential Information p. 1 of 2 F Skip sections 6 – 9 if your case does not involve children. Sign at the end. 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: Children lived with (name) That person’s current address 1. 2. 8. Do other people (not parents) have custody or visitation rights to the children? (Check one): No Yes If Yes, fill out below: Person with rights (name) 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): 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 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): Petitioner Respondent Date of birth (MM/DD/YYYY): Sex: M F Full name (first, middle, last): 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 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: Petitioner/s (person/s who started this case): No. Sealed Birth Certificate or Paternity Document (Cover Sheet) (XSADP) Clerk’s action required And Respondent/s (other party/parties): Sealed Birth Certificate or Paternity Document (Cover Sheet) Use this form as a cover sheet to keep your documents private from the public. On the first page of each document, write the word “SEALED” 1 inch from the top of the page. Check the documents you are attaching to this cover sheet to be sealed: Birth Certificate Paternity Acknowledgment Denial of Paternity Submitted by: Petitioner or his/her lawyer Sign here Respondent or his/her lawyer Print name (and WSBA No., if lawyer ) 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(d)(2) Optional Form (05/2016) FL Parentage 329 Sealed Birth Certificate or Paternity Document p. 1 of __ Superior Court of Washington, County of _______________ In re parenting and support of: Children: No. Petitioner (person who started this case): Final Order and Findings for a Parenting Plan, Residential Schedule and/or Child Support (JDPPCS) Clerk’s action required: 1, 15, 16 And Respondent (other parent): Final Order and Findings for a Parenting Plan, Residential Schedule and/or Child Support 1. Money Judgment Summary No money judgment is ordered. Summarize any money judgment from section 16 in the table below. Judgment for Debtor’s name (person who must pay money) Creditor’s name (person who must be paid) Amount Interest Lawyer fees $ $ Guardian ad litem fees $ $ Court costs $ $ Other (specify): $ $ Yearly Interest Rate: ____% (12% unless otherwise listed) Lawyer (name): represents (name): Lawyer (name): represents (name): RCW 26.26.130(7)(b), .375 Mandatory Form (05/2016) FL Parentage 333 Final Order and Findings for a Parenting Plan, Res. Sched. and/or Child Support p. 1 of 8 2. Court findings based on (check all that apply): Parents’ agreement. Order on Motion for Default signed on (date): . The court’s decision after a contested hearing on (date): . The following people were at the hearing (list parents, lawyers, and any guardians ad litem): Findings & Conclusions 3. Children Petitioner and Respondent are parents of the following children who will be covered by a Parenting Plan, Residential Schedule and/or Child Support Order: Child’s name 4. Age Child’s name 1. 4. 2. 5. 3. 6. Age Parentage established (Repeat this section for each child as needed.) Court Order – Parentage was established by court order for (children’s names): on (date): by (name of court): . Paternity Acknowledgment – The Petitioner and Respondent signed a Paternity Acknowledgment (Affidavit) for (child’s name): that was filed with the appropriate agency of the state of on (date): . The mother was married or in a registered domestic partnership when the child was born (or within 300 days before). Her spouse/partner (name): signed a Denial of Paternity that was filed with the appropriate agency of the state of on (date) . 5. Washington state deadlines for Paternity Acknowledgment Does not apply because parentage was established either by court order or by a Paternity Acknowledgment (Affidavit) filed in in a different state than Washington. (Skip to 6.) The Paternity Acknowledgment was filed in Washington state. a. Effective date -- The Paternity Acknowledgment (and Denial, if any) became effective (valid) on the date the child was born or the date the Paternity Acknowledgment (and Denial, if any) was filed with the Washington State Registrar of Vital Statistics, whichever was later. RCW 26.26.130(7)(b), .375 Mandatory Form (05/2016) FL Parentage 333 Final Order and Findings for a Parenting Plan, Res. Sched. and/or Child Support p. 2 of 8 b. Deadline to withdraw The deadline to withdraw (rescind) the Paternity Acknowledgment or Denial has passed because: Everyone who was under 18 when he/she signed the Paternity Acknowledgment (and Denial, if any) turned 19 before this case was filed; and (check one): This case was filed more than 60 days from the effective date. . This case was filed less than 60 days from the effective date; but everyone who signed the Acknowledgment (and Denial, if any) was before the court to decide an issue about the child before this case was filed. The deadline to withdraw (rescind) the Paternity Acknowledgment or Denial has not passed. The petition was filed too soon. c. Deadline to challenge The deadline to challenge the Paternity Acknowledgment or Denial has passed because it has been more than four years since effective date. The deadline to challenge the Paternity Acknowledgment or Denial has not passed because it has been less than four years since the effective date. Check one: The court will approve parenting and/or support orders for the child because the court finds: The child’s acknowledged father is the father, No court has said another man is the child’s father, There are no other open court cases to decide who the child’s father is, and Notice has been given to all other men who claimed to be this child’s father. The court will not approve parenting and/or support orders for the child because the Petitioner failed to show (check all that apply): The child’s acknowledged father is the father. No court has said another man is the child’s father. There are no other open court cases to decide who the child’s father is. Notice has been given to all other men who claimed to be this child’s father. 6. Paternity Acknowledgment filed in another state Does not apply because parentage was established either by court order or by Paternity Acknowledgment filed in Washington state. (Skip to 7.) The Paternity Acknowledgment was filed in a different state than Washington. The Acknowledgment (check one): is valid under the laws of that state. is not valid under the laws of that state because: . RCW 26.26.130(7)(b), .375 Mandatory Form (05/2016) FL Parentage 333 Final Order and Findings for a Parenting Plan, Res. Sched. and/or Child Support p. 3 of 8 7. Notice and jurisdiction over parents Notice was given to everyone with a legal right to receive it, and The court has jurisdiction over the parents in this case because (check all that apply): the Petitioner lives in Washington State. the Respondent lives in Washington State. the Respondent was personally served in this state with the Summons and Petition. the Respondent signed an agreement to join this Petition or other document agreeing that the court can decide his or her rights in this case. other (specify): 8. Jurisdiction over the children (RCW 26.27.201 – .221, .231, .261, .271) The court cannot order a parenting/custody order for the children because the court does not have jurisdiction over the children. (Skip to 9.) The court can order a parenting/custody order for the children because (check all that apply; if a box applies to all of the children, you may write “the children” instead of listing names): Exclusive, continuing jurisdiction – A Washington court has already made a custody order or parenting plan for the children, and the court still has authority to make other orders for (children’s names): . Home state jurisdiction – Washington is the children’s home state because (check all that apply): (Children’s names): lived in Washington with a parent or someone acting as a parent for at least the 6 months just before this case was filed, or if the children were less than 6 months old when the case was filed, they had lived in Washington with a parent or someone acting as a parent since birth. There were times the children were not in Washington in the 6 months just before this case was filed (or since birth if they were less than 6 months old), but those were temporary absences. (Children’s names): do not live in Washington right now, but Washington was the children’s home state some time in the 6 months just before this case was filed, and a parent or someone acting as a parent of the children still lives in Washington. (Children’s names): home state. do not have another No home state or home state declined – No court of any other state (or tribe) has the jurisdiction to make decisions for (children’s names): or a court in the children’s home state (or tribe) decided it is better to have this case in Washington and: The children and a parent or someone acting as a parent have ties to Washington beyond just living here; and RCW 26.26.130(7)(b), .375 Mandatory Form (05/2016) FL Parentage 333 Final Order and Findings for a Parenting Plan, Res. Sched. and/or Child Support p. 4 of 8 , There is a lot of information (substantial evidence) about the children’s care, protection, education and relationships in this state. Other state declined – The courts in other states (or tribes) that might be (children’s names): ’s home state have refused to take this case because it is better to have this case in Washington. Temporary emergency jurisdiction – Washington had temporary emergency jurisdiction over (children’s names): when the case was filed, and now has jurisdiction to make a final custody decision because: When the case was filed, the children were abandoned in this state, or the children were in this state and the children (or children’s parent, brother or sister) was abused or threatened with abuse; The court signed a temporary order on (date) saying that Washington’s jurisdiction will become final if no case is filed in the children’s home state (or tribe) by the time the children have been in Washington for 6 months; The children have now lived in Washington for 6 months; and No case concerning the children has been started in the children’s home state (or tribe). Other reason (specify): 9. Parenting Plan or Residential Schedule Does not apply. The court signed the final Parenting Plan or Residential Schedule filed separately today or on (date): . Other findings: 10. Child Support Does not apply. The court signed the final Child Support Order and Worksheets filed separately today or on (date): . Other findings: 11. Protection Order No one requested an Order for Protection in this case. Approved – The request for an Order for Protection is approved. The Order for Protection is filed separately. Denied – The request for an Order for Protection is denied. The Denial Order is filed separately. Renewed/Changed – The existing Order for Protection filed in or combined with this case is renewed or changed as described in the following order, filed separately (check one): Order on Renewal of Order for Protection RCW 26.26.130(7)(b), .375 Mandatory Form (05/2016) FL Parentage 333 Final Order and Findings for a Parenting Plan, Res. Sched. and/or Child Support p. 5 of 8 Order Modifying/Terminating Order for Protection Other findings: 12. Restraining Order No one requested a Restraining Order in this case. Approved – The request for a Restraining Order is approved. The Restraining Order is filed separately. Denied – The request for a Restraining Order is denied. Other findings: 13. Fees and Costs Each party should pay his/her own fees and costs. (Name): incurred fees and costs, and needs help to pay those fees and costs. (Name): has the ability to help pay fees and costs and should be ordered to pay the amount as listed in the Money Judgment in section 16 below. The court finds that the amount ordered is reasonable. Fees for a guardian ad litem (GAL) or other court-appointed professional should be paid as listed in the Money Judgment in section 16 below. The court has considered relevant factors including each party’s ability to pay, and finds the fees as ordered are reasonable. Other findings: 14. Other findings, if any Court Orders 15. Decision (check all that apply): Denied – The court denies the Petition. All temporary orders are ended. Approved – The court approves the Petition. All temporary orders are ended. The court signed the following orders filed separately: Parenting Plan Order for Protection Residential Schedule Restraining Order Child Support Order Other orders: RCW 26.26.130(7)(b), .375 Mandatory Form (05/2016) FL Parentage 333 Final Order and Findings for a Parenting Plan, Res. Sched. and/or Child Support p. 6 of 8 The guardian ad litem is discharged. Check this box if the court previously signed a temporary Restraining Order and is not signing a final Restraining Order in this case. Also check the “Clerk’s action required” box in the caption on page 1. Name of law enforcement agency where the Protected Person lived when the Restraining Order was issued: To the Clerk: Provide a copy of this Order to the agency listed above within 1 court day. The law enforcement agency must remove the temporary Restraining Order from the state’s database. 16. Money Judgment (summarized on page 1) No money judgment is ordered. The court orders a money judgment as follows: Judgment for Debtor’s name (person who must pay money) Creditor’s name (person who must be paid) Amount Interest Lawyer fees $ $ Guardian ad litem fees $ $ Court costs $ $ Other (specify): $ $ The interest rate is 12% unless another amount is listed below. The interest rate is % because (explain): Other: 17. Other orders, if any Ordered. Date RCW 26.26.130(7)(b), .375 Mandatory Form (05/2016) FL Parentage 333 Judge or Commissioner Final Order and Findings for a Parenting Plan, Res. Sched. and/or Child Support p. 7 of 8 Petitioner and Respondent or their lawyers fill out below: This document (check any that apply): This document (check any that apply): is an agreement of the parties is an agreement of the parties is presented by me is presented by me may be signed by the court without notice to me may be signed by the court without notice to me Petitioner signs here or lawyer signs here + WSBA # Respondent signs here or lawyer signs here + WSBA # Print Name Print Name Date Date Guardian ad Litem: This document (check all that apply): is an agreement of the parties is presented by me may be signed by the court without notice to me GAL signs here Print name and WSBA # (if any) Date If any parent or child received public assistance: The state Department of Social and Health Services (DSHS) was notified about this Order, and has reviewed and approved the following orders: Child support Medical support Past due child support Other (specify): Deputy Prosecutor signs here RCW 26.26.130(7)(b), .375 Mandatory Form (05/2016) FL Parentage 333 Print name and WSBA # Final Order and Findings for a Parenting Plan, Res. Sched. and/or Child Support p. 8 of 8 Date Superior Court of Washington, County of In re: Petitioner/s (person/s who started this case): No. Notice of Hearing (NTHG) And Respondent/s (other party/parties): Clerk’s action required: 1 Notice of Hearing To the Court Clerk and all parties: 1. A court hearing has been scheduled: for: at: date a.m. p.m. time at: in court’s address room or department docket / calendar or judge / commissioner’s name 2. The purpose of this hearing is (specify): Warning! If you do not go to the hearing, the court may sign orders without hearing your side. This hearing was requested by: Petitioner or his/her lawyer Person asking for this hearing signs here I agree to accept legal papers for this case at: address city (Optional) email: Optional Form (05/2016) FL All Family 185 state zip Respondent or his/her lawyer Print name (if lawyer, also list WSBA #) Date This does not have to be your home address. If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may use the Notice of Address Change form (FL All Family 120). A party must also update his/her Confidential Information form (FL All Family 001) if this case involves parentage or child support. Notice of Hearing p. 1 of 1 Superior Court of Washington, County of In re: Petitioner/s (person/s who started this case): No. And Respondent/s (other party/parties): Proof of Mailing or Hand Delivery (for documents after Summons and Petition) (AFSR) Proof of Mailing or Hand Delivery (for documents after Summons and Petition) Warning! Do not use this form to prove you mailed or delivered a Summons, Petition, Order to Go to Court, or any kind of Restraining Order. For those documents, use Proof of Personal Service (FL All Family 101), or if you have court permission to serve by mail, use Proof of Service by Mail (FL All Family 107). I declare: 1. I am (check one): the Petitioner the Respondent 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 other city state zip email to (address): (only if allowed by agreement, order, or your county’s Local Court Rule) fax to (number): (only if allowed by agreement, order, or your county’s Local Court Rule) Hand delivery at (time): a.m. street address CR 5(b) Optional Form (05/2016) FL All Family 112 p.m. to this address: city Proof of Mailing or Hand Delivery p. 1 of 2 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 Proposed Temporary Family Law Order Proposed Parenting Plan Sealed Financial Documents Financial Declaration Declaration of: Declaration of: Proposed Child Support Order Declaration of: Proposed Child Support Worksheets Other: Other: Other: Other: Other: Other: 4. Other: I declare under penalty of perjury under the laws of the state of Washington that the statements on this form are true. Signed at (city and state): Signature of server CR 5(b) Optional Form (05/2016) FL All Family 112 Date: Print or type name of server Proof of Mailing or Hand Delivery p. 2 of 2 Superior Court of Washington County of _________________ In re the Parenting and Support of: _________________________________ Child(ren) _________________________________ Petitioner and _________________________________ Respondent. My name is No. ____________________ Waiver of Rights Under Servicemembers Civil Relief Act and Admission of Service (No Mandatory Form Developed) . I am the Respondent/Nonrequesting Party in the above-entitled action. The Petitioner/Requesting Party has requested entry of a parenting plan/residential schedule and/or child support. I am a member or the dependent of a member of the United States military and I am informed of my rights under the Servicemembers Civil Relief Act of March 4, 1918, as amended and the Military Servicemembers Civil Relief Act, RCW Ch. 38.42 . I waive my rights under the Servicemembers Civil Relief Act and the Military Servicemembers Civil Relief Act, RCW Ch. 38.42 and I request the court to determine whether to grant the relief requested by the petitioner/requesting party. I received a copy of the Petition and Proposed Parenting Plan or Residential Schedule and the following other documents: _______________________________________________________________ in this matter on (date). Waiver of Rights Under Service Members Civil Relief Act – Page 1 of 2 Name: Rank: Serial No.: Unit: Signed at ___________________________________, on _____________________________. [Place] [Date] Signature of Respondent/Nonrequesting Party Print or Type Name SUBSCRIBED AND SWORN to before me this day of NOTARY PUBLIC in and for the state of residing at My Commission Expires: Waiver of Rights Under Service Members Civil Relief Act – Page 2 of 2 , . , . . 3603EN FILING AN AGREED PETITION FOR PARENTING PLAN, RESIDENTIAL SCHEDULE AND/OR CHILD SUPPORT: PARENTAGE - EVALUATION FORM 1. Your comments are appreciated and will help to make this packet more useful to others. Please take a moment to complete this form and return it to: LeeAnn Friedman Northwest Justice Project 500 W. 8th, Suite 275 Vancouver, WA 98660 Or email to [email protected] 2. 3. 4. 5. 6. 7. 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]: 10. Today’s Date: Describe mistakes. Include the page #.
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