respond to a non-parent custody petition · if you do not reach an agreement, get ready for trial....

3113EN | August 2019

Respond to a Non-Parent Custody Petition

Forms and Instructions


Table of Contents | Page 1

Table of Contents

Part 1. Important Info ............................................................................................. 1

A. Should I use this? .......................................................................................... 1

B. What if I do not agree with the Petition? ........................................................ 1

C. What if I agree with the Petition? ................................................................... 2

D. What if I only agree to Petitioner having temporary custody? ........................ 2

E. What if I am in the military or a military dependent? ...................................... 2

F. What if I have questions that this packet does not answer? .......................... 3

Part 2. Court forms in this packet .......................................................................... 4

Part 3. Other court forms and documents you may need to get ......................... 5

Part 4. Checklist of Steps ....................................................................................... 8

Part 5. Deadlines and legal issues ....................................................................... 14

A. Figure out How Much Time You Have to Respond ...................................... 14

B. Jurisdiction ................................................................................................... 16

C. Decide Whether to File Your Own Motions .................................................. 17

D. Dealing with Deadlines ................................................................................ 18

Part 6. General instructions for filling out forms ................................................ 22

Part 7. How to fill out each required form ........................................................... 27

A. Response to Non-parent Custody Petition - FL Non-Parent 415 ................. 27

B. Confidential Information and Attachment - FL All Family 001 & 002 ............ 28

C. Notice of Appearance - FL All Family 118 .................................................... 30

D. Declaration of: – FL All Family 135 .............................................................. 31

E. Sealed Personal Health Care Records (Cover Sheet) – FL All Family 012 . 33

F. Sealed Confidential Reports (Cover Sheet) – FL All Family 013 .................. 34


Table of Contents | Page 2

Part 8. Instructions for forms some respondents will use ................................. 35

A. Child Support and Residential Schedule forms ............................................ 35

B. Order on Adequate Cause for Non-parent Custody - FL Non-Parent 417 ... 35

Part 9. If you are in the military or the dependent of someone in the military . 37

A. Waiver of Rights Under Service Member’s Civil Relief Acts Form ............... 38

B. Notice of Military Dependent – No Mandatory Form .................................... 38

Part 10. How to file forms with the court ............................................................... 40

A. Getting your papers ready to file .................................................................. 40

B. Filing your papers in court ............................................................................ 41

Part 11. How to serve forms ................................................................................... 41

A. Make sure service is completed before the deadline for your response ...... 41

B. Mail or deliver your papers to the other parties or their lawyers ................... 42

C. Service must be completed before your deadline. ....................................... 42

Part 12. The Adequate Cause hearing .................................................................. 44

A. Going to the Adequate Cause Hearing ........................................................ 47

B. What if I disagree with the court’s adequate cause decision? ...................... 48

Part 13. Settling the case by agreement ............................................................... 50

A. Agreement to Join the Petition - FL All Family 119 ...................................... 51

B. How to file the Agreement to Join Petition, if you chose to sign it ................ 52

Part 14. If you and another party disagree, get ready to go to trial..................... 52

Part 15. Words and expressions you should know .............................................. 54

Part 16. Blank Forms ............................................................................................... 59

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 August 2019.

© 2019 Northwest Justice Project — 1-888-201-1014.

(Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for non-commercial use only.)


Respond to Non-Parent Custody Petition | Page 1

Part 1. Important Info

A. Should I use this?

Yes, if you have been served with a Petition for Non-Parent Custody. It asks for a court

order giving Petitioner permanent legal custody of the children named in the petition. The

person(s) asking for custody is "petitioner(s)." The parents and any other parties who

claim custody or visitation rights are “respondent(s)." The judge can decide if the children

will live with petitioner and, if so, how much time you may spend with the children, your

ability to make decisions about them, and how much child support you must pay.

This packet does not describe the legal requirements for a non-parent to get legal custody

of the children. These requirements are strict. Usually parents have a right to raise their

children. Read Non-Parent Custody: Frequently Asked Questions and Answers, available at

WashingtonLawHelp.org for general information.

You must meet your deadlines! When you get legal papers, figure out fast how to

respond to the petition and to any motions. If you miss your deadline(s), the other party

may automatically get what they want. It may take time to find legal resources and read

this packet. Start as soon as you get the papers.

Before using this, talk with a lawyer with family law experience. Even if you cannot afford

to pay a lawyer to represent you, you should meet with a lawyer for advice or to look over

any papers you have filled out. The “What If I Have Questions” section below has referral

suggestions for free or reduced-cost help.

If you think the court lacks authority over you or to decide custody, see the “Deadlines and Some Legal Issues” below. Then talk with a lawyer.

B. What if I do not agree with the Petition?

Follow our instructions here for responding and taking part in the case. If possible, talk to

a lawyer. If you file and serve a Response objecting to the petition, and take part

appropriately in the case, the non-parent should not get permanent legal custody unless

the court decides the parent(s) are unfit OR it would be harmful for the children to live

with a parent.

http://www.washingtonlawhelp.org/resource/nonparental-custody-of-a-child-frequently-ask?ref=RqMyr

http://www.washingtonlawhelp.org/



Give the court evidence that you are a suitable custodian for the children and it would not

be harmful to them to live with you. If the children are in your physical custody, tell the

court so. Bring up any concerns you have about Petitioner as a suitable custodian for the

children or concerns about adult members of petitioner’s household.

If you disagree with the petition but do not take part in the case, the court may grant Petitioner’s requests.

C. What if I agree with the Petition?

If you agree the children should be in petitioner’s permanent legal custody, but you do not

agree with other things petitioner asked for, follow the instructions here for responding

and taking part in the case. You may, at the same time, talk with Petitioner to try to reach

agreement on the issues. If you reach agreement, see the “Settling the Case by Agreement”

section. If you do not, get ready for trial.

You should review Petitioner’s proposed final papers and sign them if they correctly show

your agreement. Then you can be surer that the final papers are what you agreed to. (See

the section called “Settling the Case by Agreement.”)

D. What if I only agree to Petitioner having temporary custody?

Follow our directions for responding and taking part in the case. At the same time, try to

work out an alternative to a non-parent custody order (perhaps a Temporary Parental

Consent Agreement) and for an order dismissing the Non-Parent Custody Petition.

If this does not work, try to work out temporary family law orders or for a Non-Parent

Custody Order that states the exact time or conditions when you will get the children back

and the contact you will have with the children until that time. If you do not reach an

agreement, get ready for trial.

If the court’s final Non-Parent Custody Order awards Petitioner custody and does not say

how you can or will get the children back, it may be hard to get them back. You will not be

able to get full legal custody back just because your own situation has gotten better. You

must show staying with the nonparent would harm the children. Read Non-Parent

Custody: Frequently Asked Questions and Answers.

E. What if I am in the military or a military dependent?

You may have special legal protections. Before filing anything with the court and well

before your deadline for filing, get legal advice about your rights. Talk with your JAG office

or a lawyer who knows about the federal and state Service Members Civil Relief Acts. For





general information, see the section on military service members and their dependents

later in this packet.

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

Talk to a lawyer familiar with family law before filing anything with the court. Many

counties have family law facilitators who can help fill out forms or free legal clinics where

you can get legal advice.

Do you live in King County? Call 211 weekdays 8:00 a.m. and 6:00 p.m. From a pay

or public phone, call 1-800-621-4636. They will refer you to a legal aid provider.

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

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

https://nwjustice.org/get-legal-help

https://nwjustice.org/get-legal-help



Part 2. Court forms in this packet

Most people will need these forms from this packet:

Court Form Title Court Form Number

Response to Petition for Custody by a Non-Parent

FL Non-Parent 415

Confidential Information Form and Attachment FL All Family 001 & 002

Notice of Appearance FL All Family 118

Declaration of: FL All Family 135

Proof of Mailing or Hand Delivery FL All Family 112

You might need these forms in this packet:

Court Form Title Court Form Number

Sealed Personal Health Care Records FL All Family 012

Sealed Confidential Report FL All Family 013

Order on Adequate Cause for Non-parent Custody

FL Non-Parent 417

Agreement to Join Petition FL All Family 119

Waiver of Rights Under the Service Member’s Civil Relief Act

No Mandatory Form

Notice of Military Dependent Non-mandatory form



Part 3. Other court forms and documents you may need to get

You may need more than the forms in this packet to respond to and finalize the case. Read

the below carefully. Check the boxes by other packets you need. Use the checklists at the

end of this packet to see if you have filled out the right forms. Get the other packets you

need at WashingtonLawHelp.org, or, if you have a low income and do not have internet

access and a printer, by calling CLEAR at 1-888-201-1014.

Residential Schedules and Child Support: Non-Parent Custody Cases - Has forms

and instructions for residential schedules, child support worksheets, the Sealed

Financial Source Documents Cover Sheet, and financial information.

Some counties require a Residential Schedule. This detailed order states the visitation

for the parents if Petitioner has custody and addresses other child-related issues. Even

if you do not need one, you may want a residential schedule anyway, to state a detailed

plan for times the children will spend with each party if Petitioner wins custody. You do

not need this form if the court denies the petition.

In most cases where Petitioner gets custody, parent(s) are expected to pay child

support. Most parents will need the child support forms in this packet. The court

should not set child support against a parent who has had no contact with the State of

Washington.

If Petitioner requested child support or financial relief, you should gather proof

of your financial situation. You may need:

Your last two years of income tax return forms, with your W2’s and other

attachments.

Your pay stubs. Your court may require the last six months, or back to January 1.

Check your local court rules.

Proof of other sources of income (such as Social Security, unemployment

compensation or TANF).

Some counties require other evidence. Example: six months of bank statements. Check

local court rules.

Declaration about Public Assistance: FL All Family 132 - Get this form at the


http://www.washingtonlawhelp.org/resource/residential-schedules-and-child-support-for-n?ref=ghqM0



Administrator of the Courts website, www.courts.wa.gov/forms. It is not in our packets.

It is optional. We tell you to serve the State in any case involving TANF, Medicaid, or

foster care. We tell you to get the state’s signature on all default and agreed orders

where the state might have an interest in the child support obligation in your case. You

may need it if your county requires it or to verify that no public assistance has been

paid or that the children are not in foster care or out-of-home placement.

Notice of Address Change (FL All Family 120): If you move during or after your case,

fill this out, file it with the court, and get all other parties a copy. Get this form at

www.courts.wa.gov/forms.

Serving Papers on the State - If any party asks for a child support order, and any

children have gotten public assistance (TANF), or medical coupons or Medicaid, or are

in foster care or out-of-home placement. You must include the state as a party and

serve them with papers you file.

County Local Court Procedures, Forms, and Rules – Some counties have special

requirements not in this packet. Check with the court clerk or family law facilitator (if

your county has one).

Subpoenaing Witnesses and Documents –to make sure important witnesses or

documents are at your trial.

Motions for Temporary Family Law Orders or Immediate Restraining Orders. The

period between the start and end of the case can be several months or longer. During

this time, the parties may file motions for emergency or Temporary Family Law Orders,

such as for custody, child support, restraining orders, or appointment of a Guardian ad

Litem.

The court issues a Temporary Family Law Order after a hearing. It lasts until the

expiration (end) date in the order, replaced by another Temporary Family Law Order,

or the case ends. The court will issue an emergency order, often without notice to the

other parties, only in urgent situations. An emergency order lasts for only a short time,

usually until there is a Temporary Family Law Orders hearing.

Use our Ask for Immediate Restraining Orders: Non-Parent Custody Cases or Ask for

Temporary Non-Parent Custody Orders packets.

Petition for Order for Protection (Domestic violence: WPF DV 1.015) - to ask for an

Order for Protection as part of your Non-parent custody case or to change your

Protection Order as part of the Non-parent custody case. Get the forms from your

county clerk, domestic violence advocacy program, or online at

www.courts.wa.gov/forms. Attaching a Petition for a Protection Order to your Non-

http://www.courts.wa.gov/forms

http://www.courts.wa.gov/forms/documents/FL%20All%20Family%20120%20Notice%20of%20Address%20Change.pdf


http://www.washingtonlawhelp.org/resource/how-to-serve-papers-on-the-state?ref=v65qd

http://www.washingtonlawhelp.org/resource/how-to-subpoena-witnesses-and-documents?ref=TvkCp

http://www.washingtonlawhelp.org/resource/filing-a-motion-for-emergency-orders-in-a-non?ref=RP56r

http://www.washingtonlawhelp.org/resource/filing-a-motion-for-temporary-orders-in-a-non?ref=1JA4Q





parent custody petition does not give you any immediate protection order. It only

asks the court enter a protection order at the end of your case. (The “Petitioner” on

the Protection Order form is always the protected person, even if s/he is the respondent

in the family law case.)

Respond to Motions for Temporary or Immediate Restraining Orders: Non-Parent

Custody – You may be served with Immediate Restraining Orders gotten by another

party or with a motion for Temporary Family Law Orders.

Appointing a Guardian ad Litem (GAL) - To ask the court to appoint a Guardian ad

Litem to investigate all parties and make a recommendation about the child's best

interests, use our Ask for Temporary Non-Parent Custody Orders packet.

Finalize a Non-Parent Custody Case – This packet has instructions and forms. The

case ends when the court signs final papers, either granting or denying Non-parent

custody or dismissing the petition. Many of the instructions in this packet are from

Petitioner’s point of view. Petitioner typically fills out the final papers if Petitioner wins

custody or chooses to drop the case. However, either party may find the general info

about how to finalize useful. Respondent can use some of the forms in this packet if

Respondent wins at trial.

Visit washingtonlawhelp.org for a complete listing of publications.

This packet does not tell respondents how to make claims against other respondents. Example: If you are a respondent parent and the other respondent is also a parent, we do not tell you how to ask that you, and not the other respondent, get custody if the court does not give petitioner custody.

http://www.washingtonlawhelp.org/resource/responding-to-temporary-or-emergency-orders-f?ref=35WJd



http://www.washingtonlawhelp.org/resource/finishing-your-nonparental-custody-case?ref=teTSN




Part 4. Checklist of Steps

These steps describe one way to respond to a petition for non-parent custody. Not every

county handles these cases the same way. The steps might not be identical in your case. We

explain many of these steps in more detail later in this packet.

If a non-parent custody case has been started against you, you should have gotten a

Summons and a Petition. You may also have gotten or may soon get a Motion for Adequate

Cause Decision, an Immediate Restraining Order and Hearing Notice, Declarations, and/or

other papers.

1. Figure out how much time you have to respond. Look at each paper you got. The

Summons should tell you how much time you have to file your Response. Look also at

the rules in the “Deadlines and Some Legal” section of this packet. Make sure you know

your deadline. Look carefully through all of the papers to see if you were also served

with a motion for Temporary Family Law Orders (Motion for Adequate Cause Hearing,

and/or Motion for Temporary Non-Parent Custody Order and/or Restraining Order).

Deadlines can be different for each pleading. Know your deadline for each.

Put your deadlines here:

o Petition:

- My deadline to Respond to the Petition is _______________

o Adequate Cause Hearing (Fill out these deadlines if you got a Notice of

Hearing for Adequate Cause Determination, or other local court form

scheduling this hearing, with the petition.) If you did not get a paper

scheduling the adequate cause hearing, fill out these deadlines later, if you

get notice of the adequate cause hearing date. You should get notice of this

hearing date, unless you do not file a Response to the petition or unless you

agree to an Order on Adequate Cause for Non-parent Custody.

- The date of the adequate cause hearing is____________________.

- The deadline to respond to the Notice of Adequate Cause Hearing

is _______________.

o Notice re Military Dependent

If you got this notice and are the dependent of a military service member as explained



in the notice, notify petitioner and the court within 20 days after you got the notice.

- The deadline to respond to this notice is _______________.

o Temporary Family Law Orders (Fill out these deadlines if you got, or later

get, a Motion for Temporary Non-Parent Custody Order or an Immediate

Restraining Order and Hearing Notice.) See the list of publications in Section

1 for resources to respond to these motions.

- The Temporary Family Law Orders hearing date is _____________.

- The deadline to respond to a Motion for Temporary Non-Parent

Custody Order or Immediate Restraining Order (Ex Parte) and

Hearing Notice is _________________.

Put other deadlines here: _________________________________________________________

2. Read the papers carefully. Read the papers carefully to find out what Petitioner

wants. Use a yellow highlighter pen to mark what you want to respond to. If possible,

take the papers and ask a lawyer (NOT Petitioner’s lawyer) to read through them and

advise you what to put in your response. Look for:

The date, time and place of any hearings

Your deadlines

What Petitioner wants

Claims Petitioner has made about you or the case, and what evidence (petition,

declarations and documents) they use to as proof

You must understand what the papers say so you can write a good response and get

ready for your hearings.

3. If you got served with an Immediate Restraining Order and Hearing Notice,

follow the court order. Once the judge signed it, this Order was effective immediately,

without advance notice to you. Before the hearing date in the Order, you must follow

the order.1 Example: Stay away from Petitioner if the order tells you to do so, even if

Petitioner invites you over. If you have questions about the order, or you want to try to

cancel the order before the hearing date, talk to a lawyer.

4. Make any challenges to the court’s jurisdiction or other legal motions. This

1 It is possible to ask the court to vacate (cancel) the order before the hearing date. Until the court vacates or changes the order, or the order expires, you must obey it.



packet does not describe jurisdiction or motions in detail. There are too many different

reasons for legal challenges. The section called “Deadlines and Some Legal Issues” lists

a few issues that might be raised in appropriate cases. Talk to a lawyer.

5. If you got (or later get) an Immediate Restraining Order and Hearing Notice or

a Motion for Temporary Family Law Orders, get ready for and go to the

Temporary Family Law Orders hearing.

6. Learn about Local Requirements. Local court requirements will affect how to

handle your case. Many counties have special forms, or have other local rules you must

follow. Many counties require case schedules, classes, or settlement conferences. You

must learn and follow local court requirements.

Call the court clerk or family law facilitator for the court where your case is taking place

to ask about these local requirements. Tell them the kind of family law case you have

(examples: non-parent custody petition, a motion for _____). Requirements may differ,

based on the type or stage of your case.

Read your local court rules. They are available at your county’s law library and often

online at:

www.courts.wa.gov/court_rules/?fa=court_rules.local&group=superior

Look at the “Words and Expressions You Should know” section of this packet if you do not

understand something used here.

Find out about at least the following:

if the county has its own packets or forms for your type of family law case. If so, use

those instead of ours. If you use our packet, get any local forms you will need

if case schedules are used (and if the court requires the person filing the case to

serve the schedule on the other parties)

if parenting classes, mediation, or settlement conferences are required

if your county requires a Residential Schedule if the court awards Petitioner custody

the local procedure and timing for getting an Order on Adequate Cause and, if a party

wants immediate and/or Temporary Family Law Orders, how and when to ask for

them before the court has made an adequate cause decision

http://www.courts.wa.gov/court_rules/?fa=court_rules.local&group=superior



how the court handles background checks and screening2

if there is any program allowing the judge to appoint a GAL or evaluator at no or

reduced cost, and if there are special local forms to have a GAL or evaluator appointed

Scheduling: Counties handle these cases very differently. Example: Some allow

adequate cause hearings or hearings on Temporary Family Law Orders before the

deadline for filing your Response has passed. Others only allow these hearings in the

event of an emergency. Learn and understand your local court procedures.

Domestic Violence Survivors: If another party has a history of physically harming you or the children or has threatened to do so, and if you have had a dating, roommate, marital, or family relationship with that party, file a Petition for an Order for Protection if you need immediate protection. Protection Orders offer strong safety restraints. For more information Domestic Violence: How the Legal System Can Help Protect You, contact your local domestic violence program, or call the National Domestic Violence Hotline at 1.800.799.7233. Protection Orders may be limited in their ability to make residential provisions for the child.3 If you are not the child’s parent and you need a Protection Order, talk with a lawyer, if possible.

7. Gather your evidence. If possible, get the evidence you will need now, for use when

filling out your forms. Think carefully about whether there is information that will help

show that what you are telling the court is correct or that what Petitioner is telling the

court is not true. Examples include:

Declarations of Witnesses – Declarations (sworn written statements) by you and

by other people with personal knowledge about you, the other parties, or the

children. See the section on instructions for the Declaration form for more

information about declarations.

Records –Examples: Bills and receipts, records of past criminal convictions,

medical or mental health treatment, grades and other school records, and daycare

records.

Photos – If they help prove or disprove one of the issues in the case.

2RCW 26.10.135 says the court must check the judicial information system to look for any information and proceedings related to the placement of the child before the court grants a custody order in nonparent custody cases. Ask about the procedures in your county. Petitioners must also have CPS checks in nonparent custody cases. See also the text later in this packet for an explanation of additional background checks required in nonparent custody cases. 3 See RCW 26.10.115 (3).

http://www.lawhelp.org/documents/1475913700EN.pdf?stateabbrev=/WA/

http://www.lawhelp.org/documents/1475913700EN.pdf?stateabbrev=/WA/

http://apps.leg.wa.gov/RCW/default.aspx?cite=26.10.135




Financial Information – If financial issues are included, get evidence of your

income and assets, and maybe evidence of the other party’s income and assets.

Examples: Federal income tax returns, bank account statements, business records,

1099 forms, or official letters from Social Security, Labor and Industries (L&I),

Employment Security, or DSHS saying how much you get in benefits.

8. Decide which forms and packets you will need. Fill out those forms. Most people

will need the Response, Notice of Appearance, Declaration, Confidential Information

Form and attachment, and Proof of Mailing or Hand Delivery. If child support has been

requested, fill out the child support worksheets, financial declaration and sealed

financial source documents form. Gather the proof of your financial situation. Many

people will also need a Residential Schedule form. See Residential Schedule and Child

Support: Non-Parent Custody Cases packet.

9. Make the Needed Copies of the filled out documents.

10. File your original Response and other papers with the superior court clerk in

the courthouse of the county where the petition was filed.

11. Serve the papers on the other parties.

12. Fill out and file your Proof of Mailing or Hand Delivery.

13. Read any papers you get in reply to the ones you filed.

14. File a motion for Temporary Family Law Orders or a motion for Immediate

Restraining Orders, if you want these, and go to the hearing. Get forms and

instructions in our packets Ask for Temporary Non-Parent Custody Orders or Ask for

Immediate Restraining Orders: Non-Parent Custody Cases.

15. Respond and take part in the Temporary Family Law Orders hearing, if

another party has scheduled one. Forms and instructions to respond are in our

packet Respond to Motions for Temporary or Immediate Restraining Orders: Non-

Parent Custody. If you are responding to a motion, find out when your response to the

motion is due. It may be due before your Response to the petition.

16. Get ready for and go to the adequate cause hearing. At the adequate cause

hearing, the court decides if Petitioner can proceed to trial or to deny (dismiss) the

petition.

17. File a motion to appoint a Guardian ad Litem, if you want one. If the court

appoints a guardian ad litem (GAL) or custody investigator, cooperate with the

investigation.










In some cases, especially cases where a party is accused of abusing another party or a

child, or is accused of having drug, alcohol or other problems, the court may appoint a

GAL or other investigator. That person investigates the legal claims and circumstances

of the children and the parties and makes a recommendation to the court about what is

in the children’s best interests. The court may also decide to appoint a GAL for other

reasons. Some counties require a GAL investigation in every case. Some courts may

order a CASA or Family Court Services investigation instead of a GAL. Ask the court

clerk or family law facilitator programs are available in your county, what costs are

involved, and what special forms (if any) you need. Any party can ask the court to

appoint a GAL. The court can also decide on its own to appoint one. Our packet Ask for

Temporary Non-Parent Custody Orders has forms and information.

If you are not sure whether to file a motion to appoint a GAL, read our publication called

How to Work with GAL’s and Parenting Evaluators and Non-Parent Custody: Frequently

Asked Questions and Answers.

18. Ask for discovery, if you want it. “Discovery” is the process of gathering

information that you may need to reach a settlement or be able to present your case at

trial. Through the discovery process, you can learn about how Petitioner views the

case, and you can ask the other parties or witnesses for information and documents that

could help you prove your case if you go to trial. For more about discovery and how to

ask for it, see a lawyer and read our publication called How Do I “Do Discovery?” Help

with Interrogatories and Requests for Production in Family Law Cases. The family law

facilitator may be able to give some information.

19. Take part in locally required classes, status or settlement conferences, and

mediation. Many counties require the parties to go to special parenting classes given

by the court. Some counties require mediation, settlement conferences, or status

conferences. Find out the procedures in your county and follow them.

20. As the case goes on, you must give other parties proper notice of other papers

you file in your case.

21. Keep for your own records a copy of all documents you file with the court or

get from other parties. Create your own file folder for these papers and take them

with you when you have hearings in your case.

22. Finalize the case. The case can end by agreement, by default, by dismissal, or by

trial. Our packet, Finalize a Non-Parent Custody Case, describes the process for

finalizing, mainly from Petitioner’s point of view. Respondents can use the general

information and the instructions for filling out final papers after trial.



http://www.washingtonlawhelp.org/resource/working-with-gals-and-parenting-evaluators-ti?ref=5gjq6



http://www.washingtonlawhelp.org/resource/how-do-i-do-discovery-help-with-interrogatori?ref=iANx4

http://www.washingtonlawhelp.org/resource/how-do-i-do-discovery-help-with-interrogatori?ref=iANx4




Part 5. Deadlines and legal issues

A. Figure out How Much Time You Have to Respond

When you are served with the petition and other papers, look at each one.

If Petitioner did not give you all the legal papers they should have, you can ask the court not

to give them the relief they are asking for. First, write a letter to the other party or their

attorney. List the legal papers you believe you should have gotten but did not. If you get

the papers late, or do not get them, put in your responses that you did not get all the papers

as required. Attach a copy of your letter.

1. Filing a Response to the petition

Find the form called a Summons. It should have come with the Petition. Your Summons

should say how many days you have to file and serve a Response after the date you gotten

the papers, or look at the deadlines that follow.

If you were served in person in Washington, you have 20 DAYS to file and serve your

Response to the summons and petition. If you were served in person in another state, you

have 60 DAYS to file your Response. RCW 4.28.180 If you were served by publication, you

have 60 DAYS from the date of first publication to file your Response. If you were served

by mail, you have 90 DAYS from the date the petition was mailed to file your Response. CR

4(d)(4).4

2. Responding to motions other than a motion for default

If you are served with a Motion for Temporary Family Law Orders or an Immediate

Restraining Order and Notice of Hearing, or notice of the date of the Adequate Cause

hearing, you may have much less time to file and serve a response to the motion than you

have to file the Response to the petition, sometimes only a few days (or for emergency

motions, maybe even less). For non-emergency motions, the moving party must give you

notice as many days before the hearing as your county’s local rules require. In some

counties, you must get the papers for a motion at least five court days before the hearing,

not including weekends or the date that the papers are given to you.5 In other counties or

4 In general, personal service within the state is required where it is possible. In a few cases, the court may allow service by mail or publication. See CR 4, CR 4.1, and RCW 4.28.100(5). 5 CR 6(d).


http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=CR&ruleid=supcr04



http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=CR&ruleid=supcr04.1





for some motions, you must get longer notice. In many counties, the adequate cause

hearing cannot take place until after your deadline to Respond to the petition. Determine if

you got enough notice.

If the notice for the motion hearing does not state your deadline, immediately call the court clerk or family law facilitator, or check your local court rules. In most counties, you must file and serve your response to a motion no later than one court day before the hearing on that motion.6 In some counties, you must file and serve the response four or more days before the hearing.

If you do not file a response in time, the judge automatically may automatically give the moving party everything they ask for. If you file a response, but do not go to the hearing, the court at that hearing may give the other party what they have asked for.

See more information below about deadlines and responding.

3. Responding to a motion for default

If you are served with a Motion for Default, you must file and serve your declaration in

response to the motion and your Response to the petition before the deadline on this

motion. Otherwise, the judge may grant all Petitioner’s requests. If you are served with a

Motion for Default and have not yet appeared in the case, you may also need court

permission to file and serve your Response.7

There is more information below on dealing with deadlines.

If you do not respond on time, the judge may automatically give the moving party everything they ask for. If you file and serve a Response, but do not go to a hearing, at that hearing the court may give the other party what they have asked for.

6 CR 6(d). 7 See CR 55(a)(2). This packet does not tell you how to get court permission. If you are unable to file a formal motion for court permission before the hearing on the motion for default, at least fill out your Response and declaration, file and serve both, go to court for the default hearing, and ask the judge’s permission to take part at the hearing.





4. Responding to a Notice re Military Dependent

If you are the dependent of someone in the military as described in this notice, you have 20

days to inform Petitioner and the court of your dependent status. See the section of this

packet called “If you are in the Military” and contact a lawyer.

B. Jurisdiction

1. Does the court in Washington have jurisdiction over me (personal jurisdiction)?

The court in Washington may be able to decide child custody, even if you have never lived

in Washington or had significant contacts with this state. However, if you have not lived

here or had significant contacts with this state, Washington may lack personal jurisdiction

to order you to do certain things, such as pay child support.8 If you think Washington

may lack jurisdiction over you, you must challenge Washington’s jurisdiction before

filing anything with the court. For help deciding if Washington has jurisdiction over you,

talk with a lawyer.

2. Does the court have jurisdiction to decide custody (subject matter jurisdiction)?

If another state or tribal court has already entered a custody order (for example, in a

divorce case), or your children have not lived in Washington for very long before the

petition for non-parent custody is filed, the Washington court may lack jurisdiction to

decide custody of your children. Whether Washington has jurisdiction to decide custody

(subject matter jurisdiction) is determined by the Uniform Child Custody Jurisdiction and

Enforcement Act (UCCJEA), RCW Ch. 26.27

If Washington lacks jurisdiction, the court here should not decide custody. For more

information about the UCCJEA, talk with a lawyer. Our publications Non-Parent Custody:

Frequently Asked Questions and Answers and Which Court Has the Right to Enter Custody

Orders? Questions and Answers about Jurisdiction have basic information.

3. What if I think the court lacks jurisdiction?

Talk to a lawyer. If you are low-income, call CLEAR at 1-888-201-1014.In King County, call

the King County Bar Association Neighborhood Legal Clinics program at (206) 267-7070

between 9:00 a.m. and noon, Monday – Thursday for an appointment at a free family law

clinic.

8 A child support obligation may still be established through interstate procedures.

http://apps.leg.wa.gov/RCW/default.aspx?cite=26.27

http://www.washingtonlawhelp.org/resource/nonparental-custody-of-a-child-frequently-ask?ref=0udIC


http://www.washingtonlawhelp.org/resource/which-court-has-the-right-to-enter-a-custody?ref=r61Qp

http://www.washingtonlawhelp.org/resource/which-court-has-the-right-to-enter-a-custody?ref=r61Qp



If you think the court lacks personal jurisdiction, do not do anything that could give the

court jurisdiction, such as signing agreed orders, requesting something from the court,

filing papers that fail to raise your jurisdiction defense, or showing up at a hearing

WITHOUT CONTESTING JURISDICTION AT THE START OF THE HEARING. If you do not tell

the court you do not think it has personal jurisdiction right at the start, you will probably

lose your chance to object.9 You can object to jurisdiction over your children (subject

matter jurisdiction) at any time. But it is best to do so early in the case.10

You may decide to file a motion to dismiss for lack of jurisdiction. Talk with a lawyer. This

packet does not help do that.

4. What if the child is an Indian Child?

If a child is a member of an Indian tribe or eligible for membership in an Indian tribe and

the child of a tribal member, the federal Indian Child Welfare Act (ICWA) applies to the

case. The court in Washington may not have jurisdiction to decide custody. If it does have

jurisdiction, special rules apply. Our publication Non-Parent Custody: Frequently Asked

Questions and Answers has basic information about ICWA. If the children are or may be

Indian children, immediately tell the court and Petitioner in writing in any papers you file

and orally at any hearings.

5. What if there is a juvenile court case about the children?

Superior court may not be able to decide Non-parent custody unless the juvenile court

grants concurrent jurisdiction to superior court. Or, juvenile court may be able to decide

the non-parent custody issues11. If you are the parent of a child in a dependency, give your

public defender copies of the non-parent custody papers you got. Tell the court and other

parties in writing and at hearings if there is a dependency case concerning the children.

C. Decide Whether to File Your Own Motions

You may need or want to file your own motions if, for example:

you believe the court has no jurisdiction

you deny that adequate cause exists

the child is an Indian child

you are on active duty in the military or the protected dependent of a service member on active duty

9 CR 12 (b),(g),(h). 10 CR 12(h)(3). 11 See RCW 13.34.155








you want immediate restraining orders or temporary family law orders, or the appointment of a custody evaluation or GAL(see discussion in Section 3 above)

If you decide to file motions, try to do so before the hearing on motions scheduled by

another party. If you do that, you may be able to schedule your motions to be heard on the

same day as the other party’s.

If you do not know whether to file a motion, talk with a lawyer. (See also the list of self-

help publications in Section 1 for resources on emergency and Temporary Family Law

Orders and GALs.)

D. Dealing with Deadlines

If you are in the military, or the dependent of someone who is, you may have special legal rights. The section of this packet called “What If I am in the Military?” has only very basic information. Talk to a lawyer before filing papers with the court and well before your legal deadline to respond to the legal papers you got.

If you deny that the court has jurisdiction, you must contest jurisdiction before you file and serve your court forms. If that is not possible, at least contest jurisdiction at the beginning of your responses.

1. Meet your Deadlines

Review the deadlines you calculated. Make sure you file and serve papers before those

deadlines. The deadline for responding to a motion is often shorter than the deadline to file

a Response to the Petition. If hearings are coming up in your case, be sure to deliver

working papers in advance for the judge, if your county requires it. Check with the court

clerk or family law facilitator about the deadlines and the need for working papers. If you

miss a deadline, file and serve your papers anyway and go to the hearing. If the other party

objects at the hearing, try asking for a continuance of the hearing so that the court will

consider your papers.

2. If You Need More Time

To Respond to the Petition: If you do not have your Response filled out, at least file and

serve a Notice of Appearance and respond to motions that have been filed. If you file and

serve a Notice of Appearance, or if you file and serve motions, or if you appear at hearings,

Petitioner should give you notice before asking the court for an order of default against

you. File your Response as soon as possible. If you are served with a Motion for Default,

you must file your declaration in response to the motion and your Response to the petition

before the deadline on this motion, or the court may grant all the moving party’s requests.



If you are served with a Motion for Default and have not yet appeared in the case, you may

also need to get court permission to file your Response.12

To respond to motions (other than a Motion for Default): Make sure you have filed and

served a Notice of Appearance. Do not ignore a hearing, even if you got short notice! If you

did not get legally adequate notice of the hearing on a motion, the court should not enter an

order against you on the hearing date. The court will not always know you got short

notice. You must explain this both in a declaration you file in response to the motion and in

person at the hearing. You can ask for a continuance (delay) of the hearing, but still be as

ready as possible for the hearing in case the court denies your request.

If you got enough notice according to the rules but simply do not have enough time to

respond, you may still try to get a continuance. As soon as you know that you want a

continuance, contact every other party if possible (or their lawyer, if they have one). You

may call if there is not much time until the hearing, but contacting the person in writing (by

email or fax) is best. State that you need more time to respond to the papers. Ask for a new

date for the hearing. Depending on your reasons for asking for the delay, you could ask for

a week or longer.

You must ask for a continuance before the hearing if you know you need one. If you do not, and you just show up for the hearing and ask there, the judge may order you to pay the other party for having to waste time appearing for the hearing if you could have asked for a continuance in advance. This is especially true if another party has a lawyer. The other party will need to pay the lawyer for their time even if there is no hearing.

If the moving party agrees to the continuance, ask for a letter, fax, or email confirming that

they have rescheduled the hearing. If you do not get written confirmation, you should

assume the hearing is still taking place. Get ready for it and go to it. In a few counties, the

court might need to approve any continuance.

If the other party will not agree to continue the hearing, you can:

1. Respond as best you can. Get ready for the hearing. Respond in some way if you

can. The very first thing to say in your declaration is that you want a continuance. If

you did not get enough notice, say so. If you did, but you need more time, say so.

12 See CR 55(a)(2). This packet does not t explain how to ask for court permission. If you are unable to file a formal motion before the hearing on the motion for default, at least fill out your Response and declaration, file and serve both, go to court for the default hearing, and ask the judge’s permission to take part at the hearing.




Describe your efforts to get an agreement for the continuance. Also file and serve a

Notice of Appearance if you have not already done this.

2. Make a Motion for Continuance. In many cases, you may not have enough time to

give the other parties the amount of notice required for a motion for continuance. You

may need to get an Order Shortening Time (an order allowing you to bring your

motion on less than the required time. This packet does not cover this type of

motion). Your family law facilitator may have more information about how to ask for

a continuance or an order shortening time in your county court.

3. Ask for a continuance at the hearing. Go to the hearing. When your case is called,

stand up. State your name and that you would like a continuance. The judge may ask

your reasons and may listen to the other party’s reasons why s/he objects. If you tried

to get the other party to agree before the hearing, let the judge know that.

The court will not always allow a continuance. Be as ready as you can be to have the

hearing on the original date.

To respond to a Motion for Default. You may try to get a continuance of the hearing date

as described above. If the hearing is not continued (postponed), you must:

1. file and serve your Response to the petition before the deadline to respond to the

motion for default.

2. file and serve your declaration in response to the motion before the deadline to

respond to the motion for default.

3. if the motion for default was filed before you appeared in the case, you may need court

permission (called “leave of court”) to Respond. This packet does not have those

forms.

4. Go to the hearing or verify that it has been cancelled.

If you do not do these things, the court may enter a default judgment against you. Your

declaration should ask the court to deny the motion, explain that a Response to the Petition

is now filed and served, and try to include any explanation for the late filing of your

Response.

3. If you are already late in filing a Response to the Petition

If your deadline for filing your Response to the petition has passed, you might still be able

to respond to the petition. Check at the court clerk’s office if there is a Motion for Default,

an Order on Motion for Default or final orders in your court file.



If the judge has not yet signed a default order, file and serve a Notice of Appearance (or file

and serve a declaration to tell the court if you think the court has no jurisdiction over you)

immediately. Then file and serve your Response as soon as possible.

If you are served with a Motion for Default, or a Motion for Default has been filed with the

court, filing a Notice of Appearance is not enough. You must file and serve both a Response

to the petition and a declaration in response to the motion for default before the deadline

to respond to the motion for default. You must also go to the hearing on the motion (or

verify that the hearing has been cancelled). Your declaration should ask the court to deny

the motion, explain that you have now filed and served a Response to the petition, and

include any explanation for the late filing of your Response. If the motion for default was

filed before you appeared in the case, you may need court permission ( “leave of court”) to

Respond. This packet cannot help with that.

When you check with the clerk, if you learn that the court has already entered an order of

default against you or final orders, you must act very quickly to ask the court to cancel

those orders. See our packet called File a Motion to Vacate a Judgment/Order in a Family

Law Case and talk with a lawyer.

4. If the hearing on a motion already happened

If you find out that a hearing on a motion already happened, or that the court has entered

orders against you, for example on a motion for temporary family law orders, talk with a

lawyer as soon as possible.

If you cannot afford a lawyer and live outside of King County, contact CLEAR 1-888-201-1014. If you live in King County, contact the King County Bar Association Neighborhood Legal Clinics program.

You may be able to ask the court to vacate (cancel) the orders. You must do so very

quickly. The longer you wait, the harder it will be for you to vacate the orders.

Even if you missed the hearing on a motion, you can still file and serve a Response to the

Petition unless the court has entered a Default Order against you. (See the box above if a

motion for default has been filed but you have not appeared in the case.)

http://www.washingtonlawhelp.org/resource/motion-to-vacate-judgmentorder-in-a-family-la?ref=08E5S

http://www.washingtonlawhelp.org/resource/motion-to-vacate-judgmentorder-in-a-family-la?ref=08E5S



Part 6. General instructions for filling out forms

Read these before you start filling out any forms.

THE CAPTION. The caption is the name of your case. It is a section appearing at the top of

the first page of every form. See the sample below:

Superior Court of Washington, County of

In re the marriage of:

Petitioner (person who started this case):

Jane Brown

And Respondent (other spouse):

John Brown

No. Notice of Hearing (NTHG)

Clerk’s action required: 1

The caption. The caption includes the name of your case, the case number, the name of the

court, the title of the court paper, and, sometimes, the type of case. It appears at the top of

the first page of every form. Put the name of the county where the case was filed in the

blank space where the form reads "Superior Court of Washington County of ." (If you

are not sure, see the Summons.)

Case name. On the left side just below “In Re the Custody of,” copy the case name from the

Petition.

Case number. When Petitioner first files the papers to begin the case and pays the filing fee

(or has the fee waived), the court clerk will assign a case number. All parties must put that

case number on every paper they file with the court and serve on the other parties during

the case. Put the case number near the top on the right hand section of the first page of

This case type is for a divorce.

Put the county where you are filing this form.

Put the case number. The court clerk assigns this number when the

Petitioner files the case.

This is the form’s title.



every form after "No." (abbreviation for “number”). When Petitioner first files the case,

s/he may be able to use a special stamp at the court clerk’s counter to stamp the case

number on each paper. It does not matter if the case number is written or stamped. If you

are filing a modification/adjustment case in the same court that entered the order you are

asking to modify/adjust, use the case number on that order.

You must write or stamp the case number on the first page of every copy of every paper you file with the court and on the copies you make for other parties. If you do not, your papers may be lost, or they may be returned to you. Some courts will also fine you for filing incorrect forms.

Title. Each form has a title. The title is on the right-hand side of the form under the case

number. Sometimes the full title is pre-printed on the form. Sometimes you must add more

information to finish it. (Example: on a declaration, you put the name of the person

completing the declaration.)

Format: Pleadings (legal forms) that you file with the court and attachments to those pleadings must follow the court rules about size and margins (GR 14(a)). You must use regular size (8 ½ x 11”) white paper and you may write on only one side of the paper. The first page of each paper that you file must have a 3-inch margin (3 inches of space) at the top. The other margins (left, right and bottom, and the top from the second page on) must be at least one-inch wide. Use black or dark blue ink. If your forms do not follow these rules, the court clerk may refuse to file them or may make you pay a fine.

The contents. Fill out each form according to the instructions for that form. In most

counties you may print or type the information, but it must be readable and you must use

BLACK OR DARK BLUE INK. A few counties require that all documents be typed. After

filling out each form, re-read it to be sure you have correctly filled in all the blanks you

need to. If you have to make corrections, be sure the correction is neat and readable. Do not

write in the margins of any page or the clerk may reject your form.

Dates. On the last page of most forms (not including orders), there is a space for the person

who fills out a form to put the date that the form is signed. Dates in orders will be filled in

by the judge when s/he signs the order.

Signatures.

Your Signature: After you fill out a form, look for the place(s) to sign your name:

Some forms have one signature line for “petitioner” or “respondent.” After you fill out a

form such as the petition, sign at the place that applies to you. Look carefully. You may



have to sign in more than one place. You may have to put the date and the place (city, state)

you signed the form.

When you prepare and file motions, you are the moving party. On the last page of this

motion, you must fill out and sign the section called Person making this motion fills out

below.

When you prepare an order and plan to present it for the judge to sign, look for the place at

the end for your signature. Check is presented by me.

Judge’s Signature: Leave the judge’s signature line and the date blank.

Other party’s signature: Some forms have a place for other parties to sign. You cannot

force another party to sign a court paper. S/he can choose (not) to sign. If you have

prepared an order after a hearing, the other party may be willing to sign it if s/he agrees it

accurately states the judge’s decisions (or the judge may require the other party to sign),

even if the party is not happy with the decision itself.

Agreed orders. If the other party agrees with the orders you have written, s/he should sign

in the right place on each court order s/he agrees to.

May be signed by the court without notice to me. If you are the respondent or nonmoving

party, or if you did not prepare the order, the other party may ask you to check this box and

sign underneath. If you do, you are agreeing the judge should sign the order as written AND

the other party can give the order to the judge to sign without letting you know when they

are going to do it.

Other signatures: If someone else (a witness or the person serving papers) must sign a

form, they must fill out all information correctly and sign in the right space.

Identifying Information. Court rules try to protect privacy but also allow for public access

to certain information in court files. The three boxes discuss these rules: GR 15, GR 22 and

GR 31.

http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set=GR&ruleid=gagr15





Box #1 - Things to Not Put in Most Court Papers:

Court General Rules 22 & 31 try to protect privacy in family law cases. Almost all pleadings,

orders and other papers filed with the court are available to the public. They may also be

available to the public online.

Except where instructions about a specific form tell you otherwise (example: the forms in

Box #3), use these rules for papers you file with the court.

Address (Where you Live) and Phone Number: You must put an address where you can

get mail from the court. (It does not have to be your home address.) You should also give

the court a phone number where they can reach you.

Social Security/Driver’s License, ID Numbers of Adults and Children: If you put these

in court papers, put only the last four digits, not the whole number.

Bank Account, Credit Card Numbers: Put the bank name, type of account (savings,

checking, and so on), and only the last four digits of the account number.

Box #2 - Private Information You Should File With Sealed Cover Sheets:

If you use a sealed cover sheet, this information is usually available to the other party and

the court. It is not available to the public.

Financial Information: If you file paystubs, checks, loan applications, tax returns, credit

card statements, check registers, W-2 forms, bank statements, or retirement plan orders,

attach them to a Sealed Financial Source Documents form. Then the public cannot access

them.

Medical or Mental Health Records or Information: If you file papers that have health or

mental health information (information about someone’s past, present, or future physical

or mental health, including insurance or payment records), you must attach the papers to a

Sealed Personal Health Care Records form. Then the public cannot access them.

Confidential Reports: Reports intended for court use must have a public section and a

private section. You should attach the private section of the report to a Sealed Confidential

Reports Cover Sheet.

Retirement Plan Orders: Certain retirement information belongs in the public file.

“Retirement Plan Orders” do not. Use the Sealed Financial Source Documents Cover Sheet

for the Retirement Plan Order. See GR 22, or see a lawyer if this affects your case.

Other Kinds of Confidential or Embarrassing Information Not Mentioned Above. If the

paper you want kept confidential is not in the above list, you may need to file a motion with

the court to asking to have that paper, or part of it, sealed under General Rule (GR) 15.

There is no packet for this. There are presently no mandatory forms for this type of motion.

Talk to a lawyer.







Box #3 - When to Put Private Information in Court Forms:

These forms are not in the public file. Information in them is usually not available to the

other party.

You must fill out your personal information completely (including your home address,

social security number, and so on):

Confidential Information Form

Vital Statistics Form

Domestic Violence Information Form

Law Enforcement Information Sheet.



Part 7. How to fill out each required form

A. Response to Non-parent Custody Petition - FL Non-Parent 415

If you do not live in Washington, or if you are not sure Washington has jurisdiction over you or the children, talk to a lawyer before filing a Response. See the information about jurisdiction in the section called “Deadlines and Some Legal Issues.”

If you are in the military, or the protected dependent of someone in the military, talk to a lawyer or the JAG office before Responding to the petition and before your deadline to Respond.

If you do not file and serve this form before your deadline, Petitioner may ask for an order of default and request that the court grant all his/her requests with no further notice to you.

The Response is your chance to answer what Petitioner said in the Non-parent custody

petition. It will tell the court what you do and do not agree with. Look at the petition while

filling out the Response form.

Caption. Fill out the caption as described in the General Instructions.

1. Your response. Follow the instructions in answering this section. For any section you

check "I disagree," explain why in the section starting on page 2. Here are some tips:

1.9. Personal jurisdiction over Respondents. Jurisdiction is what gives the court

authority to make decisions about you. If you have never lived in Washington, talk with a

lawyer.

1.13 & 1.14 Are any of the children Indian Children & Jurisdiction of Indian Children.

If any of the children is an Indian child, talk to a lawyer who knows the Indian Child

Welfare Act (ICWA). ICWA’s procedures and requirements are complicated. Our

publication called Indian Child Welfare Act has general information.

1.15. Jurisdiction over the children. For more information on deciding if Washington has

jurisdiction over your children, talk with a lawyer. Our publication Which Court Can Enter

Custody Orders: Frequently Asked Questions and Answers about Jurisdiction has basic

information.

http://www.washingtonlawhelp.org/resource/indian-child-welfare-act?ref=h8Gb7

http://www.washingtonlawhelp.org/resource/which-court-has-the-right-to-enter-a-custody?ref=u8sHB

http://www.washingtonlawhelp.org/resource/which-court-has-the-right-to-enter-a-custody?ref=u8sHB



2. Request. Check the box showing what you want.

3. Respondent’s visitation. Check the first box if you are submitting your own proposed

residential schedule. Check the second box and fill out the blank if you have a different

request.

4. Protection Order. Check no and skip to 5 if you do not want this. Check yes if you do

want this and follow the instructions in this section. Check the third box if true in this case,

and fill out the blanks.

5. Restraining order. Check no and skip to 6 if you do not want this. Check yes if you do

want this and then check the boxes and fill out the blanks showing what restraints you

want. If you check Prohibit weapons and order surrender, you should check police chief or

sheriff.

6. Fees and costs. Check the first box and skip to 7 if you do not want another party to pay

your fees and court costs. Otherwise, check the second box.

Respondent fills out below: Check the box if it applies and put the number of pages you

are attaching. Then put the place and date you are signing this response, and sign and print

your name where indicated. Check the following address and put an address where you

will reliably and quickly get mail.

If the mailing address you use in the Response or Notice of Appearance later changes, you must fill out, file and serve a Notice of Address Change, FL All Family 112. Use the Proof of Mailing or Hand Delivery form and procedure to show you have given notice. You must also complete and file with the clerk (but not serve) an updated Confidential Information form.

B. Confidential Information and Attachment - FL All Family 001 & 002

In family law cases, you must give the court information about your address and phone

number, your social security number, date of birth, driver’s license, and the name and

address of your employer, as well as certain information about the other people involved in

the case.13

Fill out this form and file it with the clerk. Keep a copy for yourself. Do not serve it on the

other parties.

The Confidential Information Form is normally not available to the other parties or the

other parties’ lawyers. The info in the form could go to DCS (Division of Child Support) and

13 RCW 26.23.050(5)(l) & (7); GR 22(g) & (h).





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.14

1. Put your name, the county where the case is filed, and the case number. If you have

no case number yet, put the case number when the clerk gives it to you.

2. Check yes if restraining order protection orders are currently in place. In the blank,

put who the orders protect. If the orders go into effect later, file a revised and

updated form. Check no and skip to 3 if there is no current restraining order or

protection order in place.

3. Check the first box if you believe the safety of an adult or child would be at risk by

listing your home address. In the blank, explain why.

4. Your Information: In the first table, put the info requested about yourself,

including your driver’s license number and social security number (if you have

these). Skip the second table.

5. Other Party’s Information: In the first table, put as much of the info requested

about the other party as you can. Skip the second table. Use the Attachment if there

is more than one other party.

6. Children’s Information: Put as much of the info requested about the children as

you can.

7. Have the children lived with anyone other than… Check no and skip to 8 if the

children have only lived with Petitioner or a respondent in the past five years. Check

yes if the children have lived with someone besides Petitioner or Respondent/s in

the past five years. Put the info requested.

8. Do other children (not parents)… Check no and skip to 9 if only Petitioner and

Respondents have custody or visitation rights. Check yes if other people besides

Petitioner and Respondents have custody or visitation rights. Put as much the info

requested about those people as you know.

14 RCW 26.23.055(2) & (3).




9. If you are asking for custody and are not the parent… List any other adults living

in your home. Use the Attachment if there are more than two other adults living in

your home.

Sign and date the form and put the place you signed it.

C. Notice of Appearance - FL All Family 118

A notice of appearance lets the court and other parties know that you are taking part in the

legal action. It also gives you some protection if you do not file your Response to the

petition by the deadline in the summons. If you file and serve a Notice of Appearance,

Petitioner should not be able to get an order of default against you without first giving you

notice of the motion for default. If you get a motion for default, you must file and serve

both a declaration in response to the motion and your Response to the petition. See Section

4 above.

If you are in the military, or the dependent of someone in the military, talk with a

lawyer or the JAG office before filing and serving a Notice of Appearance and before

your deadline to Respond to the petition.

A notice of appearance will not protect you from having orders entered at motions

hearings (example: temporary custody or adequate cause).

You must use this form to tell the other party where they should send you notice about the

case.

Fill out the caption.

1. Print your name.

2. Do not make any changes to this section.

3. Put your mailing address. If you are afraid to give your address to the other party,

use a different mailing address. Make sure it is one where you will know

immediately if papers arrive about your case.

4. You can put an additional address if you want.

5. Sign and date where indicated.

If the mailing address you use in the Notice of Appearance later changes, you must file a Notice of Address Change form, available at www.courts.wa.gov/forms. File this notice with the court and provide a copy to the other parties. Use the Proof of Mailing or Hand Delivery form, FL All Family 112, and procedure to show notice has been given.




D. Declaration of: – FL All Family 135

Use this form if you have people adding evidence to help you prove your claims in your

Response. A Declaration is a statement, sworn to be the truth under penalty of perjury, by

anyone with direct knowledge about the issues in your motion. People who might make

declarations for you include relatives, friends, teachers, counselors, or anyone else who has

directly seen, heard, or otherwise witnessed important events in your case. The

declaration should give the important facts this person adds to your case.

By presenting a declaration from a witness, you may be giving up the right to keep confidential other information that witness may have about you or the children.

1. Some brief rules about witness Declarations

The person making the declaration is the Declarant.

Put the most important points at the start. Less important points should come later.

The declarant should base their statement on their own personal knowledge (what they saw

or experienced firsthand), not what someone else told the declarant. Exception: the

declarant may talk about what one of the other parties has said.

The declarant should explain how well they know you or the people they are writing about,

how often they see the people, and in what situations. Example: “Mr. Jones has worked for

me at Acme Plumbing for 15 years. I see him almost every day at the office. Also, because our

sons are on competing soccer teams, I have seen him coaching his son’s games three or four

times this season. He has invited me into his home a two or three times for dinner with his

family over the years I have known him.”

The writer must type the declaration or print it neatly in black or dark blue ink. (A few

courts require that you type all declarations.) If the declaration is hard to read, the judge may

not try.

Do not make the declaration too long.

Stick to issues the judge will be deciding. Be specific on those issues.

In a custody or visitation dispute, general statements, such as “she is a bad mother,”

or “the children are much happier now living with Mary,” do not help. The

declaration should describe specific things, and state when and where incidents

occurred. Example: “I live on the same street as Joe. About a year ago, Joe knocked

over our mailbox while driving. I ran out to the street to see what had happened. Joe

was standing next to his car. I smelled liquor on his breath. I have seen him weaving

down the road in his car three other times this year.”



In a child support dispute without custody or visitation issues, the above type of

statement may not be relevant to the issues before the court. If it is not relevant,

do not include it.

Attach extra pages to the declaration if you need more space. Any extra pages should also

have margins of at least one inch. You should number all the pages at the bottom.

Some courts limit the number of pages you can file with a motion. Check your local rules, or ask the court clerk or facilitator.

If you attach documents to declarations, such as printouts of bills, school records, medical

or treatment records, police records, and so on, refer to them in the declaration and call the

attached documents exhibits and number them Exhibit Number 1, Exhibit Number 2, and

so on.

If the papers you are attaching do not require a sealed cover sheet (see the General

Instructions section), staple them to the declaration.

If the papers you are attaching have personal medical or mental health information,

or financial records, or confidential court reports, put an exhibit number or letter on

each paper you are attaching. When the declarant mentions that paper, they should

use that exhibit number or letter and put it is “filed with the Sealed Personal Health

Care Records cover sheet on _______________ (date).” Do not staple the paper to the

declaration. Attach it to the appropriate Sealed Cover Sheet form before you file and

serve it. We describe the sealed cover sheet forms elsewhere in this packet. (Also

see the General Instructions section about what to keep out of the public file.)

2. Filling out the Declaration form

Caption. Fill out the caption and make as many copies of this form as you will need before

any other information is added. This way, you will have blank forms with just the caption

on them, so you may give a copy to each witness to fill out and have one for you to use,

where necessary.

On the right side of the caption, after the words “declaration of…,” put the declarant’s name.

Do the same next to Declaration of under the caption.

1. In the first blank, put the declarant’s name. In the second age, put the declarant’s age.

Check the box showing who the declarant is. If you check other, explain in the blank

(examples: “petitioner’s friend,” mother’s counselor,” “child’s daycare provider”).

2. I declare. The declarant should type or print neatly in black ink the information s/he

wants to tell the judge. (A few courts require all declarations to be typed.) Follow the

suggestions in section a.



I declare under penalty… The declarant must check the box and put the number of pages

s/he is attaching if the declaration is longer than two pages.

Signed at: The declarant puts the place and date s/he is signing this declaration.

Underneath, s/he signs and then prints his/her name.

E. Sealed Personal Health Care Records (Cover Sheet) – FL All Family 012

Unless a local procedure requires otherwise, you must use this form whenever you file any

papers with the court that mention any kind of health care – mental or physical health care,

health insurance, or medical bills -- to make sure the records are not available to the public.

Use this cover sheet on any records/correspondence with info relating to someone’s

past/present/future physical or mental health condition, including past/present/future

payments for health care.

Some of the papers you should use this cover sheet for are:

Medical/mental health records and bills

Letters/declarations from doctors and counselors

medical bills and statements of medical coverage (or denial)

cost estimates for medical care

social security and L&I and other disability program letters and records

medical evaluations

medical insurance records

dental records

records of alternative health care practitioners such as massage therapists,

acupuncturists or chiropractors

genetic parentage testing.

Put this cover sheet on declarations that mention medical or mental health conditions.

Keep a blank copy of this form. You might need to file more health care records later.

Attach the confidential personal health care records to this form.

Instructions for filling out the form

1. Fill out the caption.



2. Check the boxes showing what type of records you are attaching.

3. Submitted by: Check the box that applies to you. Sign and print your name.

F. Sealed Confidential Reports (Cover Sheet) – FL All Family 013

This is the cover for some confidential reports filed with the court, including the following

when intended as reports to the court in a family law case:

Parenting evaluations

Domestic Violence Assessment Reports created by certain qualified people

CPS reports

See the form for other types of reports

The person preparing the report must also file a public portion listing just the materials or

information reviewed, the individuals contacted, the tests conducted or reviewed, and the

conclusions or recommendations reached.

Instructions for the filling out the form

1. Caption. Fill out the caption.

2. Check the boxes next to the type of report.

3. Attach the confidential part of the report to this form. If you are afraid for your

safety or the children’s safety, block out any info identifying place and address on

the copies you file with the court and deliver to the other parties.

4. Submitted by: Check the box that applies to you. Sign and print your name.



Part 8. Instructions for forms some respondents will use

A. Child Support and Residential Schedule forms

The following forms, together with guidance about using them, are in the packet

Residential Schedules and Child Support: Non-Parent Custody Cases.

Residential Schedule

Child Support Worksheets

Financial Declaration

Sealed Financial Source Documents Form

B. Order on Adequate Cause for Non-parent Custody - FL Non-Parent 417

Use this form when you get notice of the adequate cause hearing. You should get notice of

this hearing with the Summons and Petition or later. You will not get this notice if

you sign an Agreed Order on Adequate Cause OR

you are in default

The decision the judge makes at the adequate cause hearing needs to be put into a court

order using this form. Often each party fills out a proposed order before the hearing to

show the decision they are asking the judge to make. (Some courts require this.)

Read petitioner’s proposed Order re Adequate Cause. If you disagree with it, use this form

to make your own proposed order. Show how you want the judge to decide at the hearing.

After you have filled out the form, sign it. Print your name below your signature. Your

proposed order will not have the judge’s signature on it yet.

If you deny that there is adequate cause for the petition to go forward, deliver your

proposed order (plus your declarations and other evidence) to the court as directed by the

clerk. Then serve the other parties as explained in the sections “The Adequate Cause

Hearing” and “Filing and Serving Your Papers.” When you go to your adequate cause

hearing, take both your copy of the proposed order and a blank copy of it with you.

http://www.washingtonlawhelp.org/resource/residential-schedules-and-child-support-for-n?ref=tVgJY



At the hearing, if your proposed order is the same as the judge’s oral decision, ask the judge

to sign your order. If the judge makes a different decision, either you or petitioner may fill

out the blank order form to show the judge’s actual decision, ask the other party to approve

that it correctly shows the judge’s decision, and ask the judge to sign that order.

If the judge signs your order, file it with the court clerk. Serve it upon the other parties.

Prove service on the other parties by using the Proof of Mailing or Hand Delivery

procedure we describe in the “Filing and Serving Your Papers” section.


Caption. Fill out the caption.

1. Name. In the blank, put your name. Check the first box if there will be an adequate cause

hearing. In the blank, put the date, if you know it. Check the second box if all parties are in

agreement that the case should go forward.

2. Jurisdiction. Check the box you believe to be true. If you are not sure, read our

publication called Which Court Can Enter Custody Orders? Frequently Asked Questions about

Jurisdiction.

3. Timing of Adequate Cause Decision. If this is a proposed order, check the box showing

what you want. If you are filling this out after hearing, check the box showing what the

judge decided.

4. Adequate Cause. This paragraph shows the court’s decision (or how you want it to

decide). If this is your proposed order, check the box showing what you want. If you check

the second box, you must also put in the blank why the judge should allow the case to go

forward. Be as specific as possible. If you are filling this out after the hearing, put what the

judge ordered.

5. Other Findings (if any). Most people will not use this space.

6. Decision. If this is a proposed order, check the box showing what you want. If you are

filling this out after hearing, check the box showing what the judge decided. If you check

Adequate Cause Found, check the boxes underneath that apply and fill out any blanks as

needed.

7. Other Orders. You usually will not use this space.

Ordered. LEAVE THIS FOR THE JUDGE.

Petitioner and Respondent or their lawyers fill out below. There are columns of boxes

to check for each party. In the Respondent column for you, check all the boxes that apply.

http://www.washingtonlawhelp.org/resource/which-court-has-the-right-to-enter-a-custody?ref=wsXni

http://www.washingtonlawhelp.org/resource/which-court-has-the-right-to-enter-a-custody?ref=wsXni



Sign and print your name and put the date underneath. If you and the other parties agree

there is adequate cause, they should fill out and sign the other columns as appropriate.

Once the judge has signed the order, file the original with the court clerk. Get conformed

copies to all parties. Keep one for your own records.

Part 9. If you are in the military or the dependent of someone in the military

If you are on active duty15 in the U.S. Armed Forces, or the dependent (usually the spouse

or minor child of a Washington resident on active duty who is a National Guard Member or

Reservist, or someone getting over half their support from that service member16) of

someone who is, you have special protections under the Service Members’ Civil Relief Acts.

These protections include, but are not limited to, protection against being defaulted in

some circumstances, the right to ask for a stay (delay) of a court case if the active military

duty limits ability to take part in the case.

Before you do anything else, contact a lawyer or your JAG (Judge Advocate General) right

away to get advice about how to protect your rights under the SCRA. Act quickly. Your time

to respond is limited. Example: If you got a Notice re Military Dependent, you must

respond to it within 20 days. To find your JAG, go to the U.S. Armed Forces Legal Assistance

website: legalassistance.law.af.mil/content/locator.php. Your JAG will know military law.

You should also talk to a Washington attorney about your family law issues.

15 The Service Members Civil Relief Act of March 4, 1918, as amended, 50 U.S.C. App., 501 et.seq. protects service members including: All members on Federal active duty, including regular members of the Armed Forces (Army, Navy, Air Force, Marine Corps and Coast Guard); Reserve, National Guard and Air National Guard personnel who have been activated and are on Federal active duty (whether as volunteers or as a result of involuntary activation); inductees serving with the armed forces; Public Health Service and National Oceanic and Atmospheric Administration Officers detailed for duty with the armed forces; persons who are training or studying under the supervision of the United States preliminary to induction; and National Guard and Air National Guard personnel on duty for training or other duty authorized by 32 U.S.C. §502(f) at the request of the President, for or in support of an operation during a war or national emergency declared by the President or Congress. U.S. Coast Guard Legal Assistance Service Members Civil Relief Act Guide at http://www.uscg.mil/legal/la/topics/sscra/sscra_guide.htm#coverage. For Washington State’s Service Members Civil Relief Act, see RCW 38.42.010 et seq. 16 RCW 38.42.010.

http://legalassistance.law.af.mil/content/locator.php

http://www.access.gpo.gov/uscode/title50a/title50a.html

http://www.uscg.mil/legal/la/topics/sscra/sscra_guide.htm#coverage





You can use the form called a Waiver of Rights under the Service Members Civil Relief Act to

give up the rights under these laws. Instructions are later in this packet, if you choose to

use this form.

If you qualify under the law as a military dependent, you can use the form called Notice of

Military Dependent to notify the court and Petitioner that you are the dependent.

Instructions for this form are below.

A. Waiver of Rights Under Service Member’s Civil Relief Acts Form

This form is optional. If you are worried that you will not be able to take part in the case

because of military duties, or if you are thinking about signing the waiver form, see a

lawyer or the JAG office. If you sign the waiver form, you are giving up protections under

this law.

1. How to fill out the Waiver form, if you choose to sign it

Caption. Fill out the Caption.

In the first blank, put your full name.

If you decide to sign this form, fill out the rest of the form with the date that you were

served with the Summons and Petition, the service member’s name, rank, serial number

and unit. Sign this form in front of a notary public.

Finding a Notary: Your local bank or auto licensing location may have a notary. If you have a bank account there, the bank may provide the notary service for free. Or, look up local notary publics on the web.

2. File the Waiver form

If you sign this form you can then give the form to petitioner to file, or you can file it with

the court clerk’s office. Keep a conformed copy for yourself. Give the other parties a copy.

B. Notice of Military Dependent – No Mandatory Form

If you have not yet appeared in the case, and

you get a form called Notice re Military Dependent, and

you are a qualified dependent of a military service member (see definition in the

Notice re Military Dependent) and

the service member is in the National Guard or a military reserve component under

a call to active duty service for 30 days in a row or more, and



you want to inform the court and petitioner/moving party of your status to keep

them from assuming you are not a military dependent, then

you must file and serve a Notice of Military Dependent form

Notify the court and the other party of your dependent status within 20 days of

getting the Notice re Military Dependent. If you do not, the court may presume you are

not a dependent of a person in military service. It may enter an order of default against you.

If you are the dependent of someone in the military, talk to a lawyer about

if you are entitled to the protections of the law concerning military service

members’ dependents, and,

if you are protected, if you should file a Notice of Appearance and a Response to the

Petition and other documents in this packet.

You may use the form in this packet to give notice that you are a military dependent. You

can also create your own form or letter.

1. Instructions for filling out the form

Caption. Fill out the Caption.

Check the box that explains how you are a dependent of a service member.

Put the name of the service member you are the dependent of. Fill out the other

information about the service member that the form asks for.

Signature. Date the form. Sign where it says “Signature of Party.” Then print or type your

name on the line below it and show the place signed. (Example: Yakima, Washington.)

Service Address. Put your mailing address. If you are afraid to give your address to the

other parties, use an address at which you will reliably and immediately learn about mail

that arrives for you.

2. File and serve the form

File your original form with the court clerk’s office. Keep a conformed copy for your

records. Serve the other the other parties with a copy. File and serve notice of your

military dependent status within 20 days after you get the Notice re Military Dependent.

Fill out and file a Proof of Mailing or Hand Delivery. (See the General Instructions for the

Proof of Mailing or Hand Delivery.)



Part 10. How to file forms with the court

A. Getting your papers ready to file

After filling out forms, follow the steps in this section to file them with the court.

Make sure you know who must be served or is a party to the action. Usually,

Petitioner and other parent are the only other parties. However, if there are other

guardians or custodians or people who have court-ordered time with the child, they should

be parties too. The caption should list each party by name. If the children have ever gotten

public assistance (TANF), or Medicaid, or if they are in foster care or out of home

placement, or if there is a pending paternity case, you will need to serve copies on the State

of Washington. (Our packet called Serving Papers on the State has more information.) If

the judge has appointed a GAL, they will need to be served too.

Figure out how many copies of each form you will need. Make the copies. The

original of each form will be filed with the court clerk in the county where the case has

been filed. Make copies as follows: (except, if you have prepared the Confidential

Information Form and attachment and/or LEIS,17 make just make one copy, for yourself,

of these three forms).

________ one copy of each form for yourself

________ one copy of each form for the other party

________ if there are other individual parties one copy of each form for each

of these parties (1 x ___ number of other parties)

________ one for the State (if you are serving the State)

________ one for the GAL if a GAL has been appointed in your case

________ one copy as working papers, if your local court requires you to

give the judge “working papers” before a hearing and if you have

upcoming hearings.

17 The Confidential Information Sheet and attachment are in our basic Responding packets. They are filed with your first court papers and must be updated when the information in it, such as your address, changes. The LEIS isn’t in this packet. Use it with restraining orders and Orders for Protection. Get it at the court clerk’s office.

http://www.washingtonlawhelp.org/resource/how-to-serve-papers-on-the-state?ref=v65qd



________ total. This is how many copies to make of each document (except

just make one copy, for yourself, of the Confidential Information

Form and attachment and any LEIS. These forms are not served on

any other party).

Organize Your Papers. Make a set of the papers for the court and for each party. Put all

the original forms into the set for the court. Put the copy of the Confidential Information

Form and attachment and the LEIS (if you are using them) into your own set. Compare

each set to the checklists in this packet. Make sure you have what you need.

Put each of the other parties’ sets of papers in an envelope addressed to that party

at the legal address they have provided. Add your return address for legal mail. (For

your return address, use the address on your Response or Notice of Appearance.)

B. Filing your papers in court

Take the originals and the copies to the superior court clerk’s office in the

courthouse where the case has been filed. Give the clerk the original copies of your

documents for filing. (The clerk does not put the Confidential Information form or any LEIS

in the public file.) If you have any proposed orders for upcoming hearings, ask the clerk

what to do with the original proposed orders and follow the clerk’s instructions.

Part 11. How to serve forms

In addition to filing your papers with the court, you must have them properly served on

(delivered to) the other parties. Do not serve the Confidential Information form and

attachment and any LEIS.

A. Make sure service is completed before the deadline for your response

Service is required. The other parties have the right to know your response to the papers

you have received.

The court does not serve the other parties for you. You must arrange for service and make

sure your server delivers the papers properly.



After the Summons and Petition have been properly served, most papers prepared by

either Petitioner or the respondent can be served on the other party by mail or personal

delivery. We explain below.18 Carefully follow the rules about service.

After service is completed, file proof of service with the court. We explain how below.

B. Mail or deliver your papers to the other parties or their lawyers

Since you are responding, your papers can be given to the other parties by either regular

mail or by personal delivery. While the case is going on, if a party has given you an address

for service of legal papers (examples: in the Summons form, a Notice of Appearance, or a

Response), serve them at that address. If a party has a lawyer, the papers are delivered to

the lawyer.

C. Service must be completed before your deadline.

Some county courts allow you to do your own service. Others do not. To be safe, do not

deliver or mail the papers yourself. Ask an adult friend or relative to do it for you.

When your friend has mailed or delivered the papers to a party, have your friend fill out the

Proof of Mailing or Hand Delivery form the same day. Your server should fill out a separate

form for each person they mail or delivers the papers to. You then file the original Proof of

Mailing or Hand Delivery. Keep a conformed copy for your records.

o Mailing: If your friend mails the papers, they must add three days to the number of

days’ notice required for your response. When counting, do not count the day of

service (or mailing), weekends, or court holidays. Example: if a document is

mailed on a Monday, it is considered served on Thursday. This is important

when setting up or responding to hearings. There are deadlines by which papers

must be served. If the third day is on a weekend or holiday, the document is not

considered to have been “served” until the next court day.

If a document is sent by regular first class mail, have an extra copy sent by certified mail,

return receipt requested, for more proof of mailing. Staple the green return receipt card to

the Proof of Mailing or Hand Delivery form.

18 CR 5(b)(1)-(2). If you prefer, you may have a party personally served (using the same procedures as described in our Filing packets for serving the Summons and Petition), and have a Proof of Personal Service prepared and filed. This packet tells you if a form needs to be personally served.




o Hand Delivery.

The papers may be delivered to the other party, instead of mailed. “Delivering” the papers

to another party or their lawyer means one of these:

handing it to the lawyer or to the party

leaving it at his office with the clerk or other person in charge of the office19

if no one is in charge, leaving it in a place in the office where someone can easily find

it (example: on top of the front desk)

If the office is closed or the person has no office, leaving it at their home with some

person of suitable age and discretion living there20

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 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.


1. Have your server check the third box and put their name.

2. In the first blank, the server should put the date s/he served the papers. In the second

blank, s/he should put who s/he served. Then s/he should check the box/es and fill out any

blanks as needed to show how s/he served the other party.

3. List all documents you served. Your server must check the box for every form s/he

sent/delivered to the other party. If s/he leaves out a form, you will have no proof it was

served.

I declare under penalty of perjury. Your server should sign and date the form, state the

place signed (city and state), and print his/her name in the places indicated.

19 Although CR 5(b)(1)-(2) appears to allow a person to be served at his/her office, and you can usually deliver papers to a lawyer or GAL at his/her office, we recommend you NOT serve other parties at their offices, unless they have used that as their service address in a Notice of Appearance, Petition, or Response form. 20 CR 5(b)(1). A person of suitable age and discretion means an adult (or at least older teenager) who does not have a mental impairment that would keep him/her from understanding that the legal papers should be given to the other party.





2. Filing the Proof of Mailing or Hand Delivery

Make one copy of each completed Proof of Mailing or Hand Delivery. Do not give the

other parties copies of this form. If you mailed a copy of the forms by certified mail, and

have a certified mail receipt back from the post office, attach the original receipt to the

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.

Part 12. The Adequate Cause hearing

Every non-parent custody case must have an adequate cause hearing, unless one of these is

true:

the respondents have defaulted

all parties have signed and the court has entered an agreed Order on Adequate

Cause

At the adequate cause hearing, the judge decides if the Non-Parent custody case can go

forward to trial or if the petition should be denied before trial. The judge will look over the

evidence and then sign an order that says if there is adequate cause (called “Order on

Adequate Cause”). Our Non-Parent Custody: Frequently Asked Questions and Answers

packet explains the legal standard the court must apply.

Parents have a strong right to raise their children. The law says a non-parent asking for custody must have a strong case.

Petitioner will probably schedule this hearing and serve you with a Motion for Adequate

Cause Decision and hearing notice or similar local form. Petitioner may be able to file and

serve the motion, hearing notice and supporting documents together with the Summons

and Petition, or later.

Usually the hearing takes place after the deadline to respond to the petition has passed. A

few counties may allow it earlier. Some counties require the entry of the adequate cause

order within a certain number of days after the case has been filed, or that the adequate

cause hearing be scheduled when the case is filed, or may set the hearing date in the Case




Schedule. If you have not filed a Response to the petition before your deadline,

Petitioner may be able to ask the judge to sign an Order on Adequate Cause without

notice to you.

Petitioner may ask you to sign an agreed Order on Adequate Cause. You do not have to

agree. You can let the judge decide if petitioner has adequate cause. If all parties do sign an

agreed Order on Adequate Cause, Petitioner should present the agreed order to the judge

for signature and give you a copy of the signed order.

If you have gotten a Motion for Adequate Cause Decision and hearing notice, and you deny

that adequate cause for the petition exists, you must get ready for and go to the hearing. Get

declarations from yourself and other witnesses showing you are a suitable parent and it

would not be detrimental (harmful) for the children to live with you. You and your

witnesses may attach appropriate documents to the declarations. You may also raise

concerns in the declarations about the ability of Petitioner(s) to care for the children. File

and serve the declarations before your county’s deadline to respond to the Notice of

Hearing. Follow the procedures in the section above to file and serve your declarations. Fill

out and file Proof of Mailing or Hand Delivery forms to show that all parties have been

served with your documents.

Ask a lawyer, the court clerk, or the family law facilitator about local requirements and

procedures for adequate cause decisions in your case. The following general description

may be the practice in your county.

Before the adequate cause hearing in contested cases:

Understand and follow local procedures about

when the adequate cause hearing may be scheduled

how much advance notice to give the other parties

if live testimony is available or required (and if available, how to request it if you

want it)

if you must serve a proposed Order on Adequate Cause with the declarations

your deadline for filing and serving responding declarations

if there is a limit on the number or length of declarations

Fill out the following documents:

Your own declaration.



Declarations from any other witnesses showing that Petitioner does not meet the

necessary legal standard for a non-parent to win custody or that Petitioner is not a

suitable custodian.

A proposed Order on Adequate Cause. You might have to give the court your

proposed order at the same time you file your declarations and serve it on the other

parties. Even if you do not have to, you should fill out a proposed Order on Adequate

Cause anyway. Give it to the court at or before the hearing. Serve it on the parties

with your declarations.

Make copies of the declarations, proposed order, and any other document you plan to

use at the hearing.

File the original declarations and any other documents you plan to use at the adequate

cause hearing with the clerk. Ask for “conformed” copies. Ask the clerk what to do with

the original proposed Order on Adequate Cause. Follow the clerk’s instructions. (See

our explanation in the section “Filing and Serving Your Papers” for how to file and serve

the papers.)

Ask the clerk how to deliver the working papers, if needed in your county, Follow those

instructions. Working papers are an extra set of your papers for the judge to read. If

working papers are needed but you do not deliver them, the judge might not consider

the papers you have filed.

Have every other party served with the declarations, your proposed order, and other

papers you filed with the court.

Make sure you serve the declarations and other papers within the deadlines in your

county. (Add at least three court days if you are mailing the notice.) CHECK YOUR

LOCAL RULES.

Have the person who delivered or mailed the papers fill out a Proof of Mailing or Hand

Delivery for each person served. File the originals with the court clerk. Ka conformed

copy for your records. Take the copy of the Proof of Mailing or Hand Delivery original(s)

with you to the hearing in case the judge wants to see it.

Confirm your hearing if needed under local procedures. (Usually the person who

scheduled the hearing is responsible to confirm it.)

Read any documents you get in reply.



A. Going to the Adequate Cause Hearing

At the Adequate Cause hearing, the judge decides if there is enough evidence to let the case

go forward.

If another Party gets a lawyer: If at any time before the hearing another party’s lawyer

contacts you, or a lawyer shows up at a hearing, you might try to get a lawyer yourself. Tell

the lawyer and court that you need to delay (continue) the hearing. Do not sign any

documents you do not understand. You may need written court approval for a delay in

some counties.

If the other parties will not agree to delay the hearing, ask the court for a continuance at the

start of your hearing. But be as ready for the hearing as possible on the scheduled day

anyway. The court may deny a postponement.

Get ready for the Hearing: Try to go to court before the day of your hearing and watch

how the court generally does hearings. Make some notes to yourself about the main points

you want to make when it is your turn at the hearing.

Take your papers to the hearing. Your papers should include the Adequate Cause papers

you have gotten and filed so far, Proof of Mailing or Hand Delivery forms, any green “return

receipt” card showing service by certified mail, your Proposed Order, and blank copies of

the Order forms in case you need to make major changes to your proposed orders.

Get to Your Hearing Early. Dress neatly. Bring a pad of paper and black pen to write

notes. Do not bring children if you can help it. The judge will usually not let them sit in the

courtroom. If you are late, the judge will cancel the hearing (or the other party may win).

When You Get to the Courtroom. Tell the person in charge in the courtroom (the clerk or

the bailiff) your name and the name and number of your case. Take a seat. Stand up when

the judge walks in the room. When they call your case name, tell the court that you are

present. Remain in court until they call your case for hearing.

Go forward when they tell you to. Give the court the original of your proposed Order on

Adequate Cause. If you have scheduled other hearings in your case for the same time, give

the judge all the proposed Orders you have filled out. (Example: Temporary Family Law

Order.)

Presenting Your Case. If the other parties show up at the hearing, each of you will have a

chance to tell your side of the case. Stand while speaking. Tell the judge briefly what you

want and why. (If you have filed your own motion for the same day, tell the court.) Try to

keep your argument short. Just outline your main points. Some courts give you only five

minutes to talk. In most cases, the judge will have read your papers before the hearing. Do



not repeat everything in your papers. You usually will cannot add new evidence. During

the hearing, address the judge, not the other party.

If the other party does not appear, show the judge your Proof of Mailing or Hand

Delivery form and any “return receipt” showing certified mail. Ask the judge to sign your

proposed Order on Adequate Cause (and your other Orders if you have scheduled other

motions for the same time). Tell the clerk or bailiff you need a copy of the order.

DO NOT INTERRUPT THE JUDGE.

Hearing the Judge’s Decision. After the judge has heard all sides, the judge decides if

there is adequate cause to go forward with the case. Listen carefully. Make notes. The

judge may make changes to the order you filled out, or may direct you, the other party, or

the other party’s attorney to do it. If another party makes changes to the order, read it

carefully. Make sure it says what the judge said. If you are not sure about any of the

changes, do not sign the orders. Ask the party to go back before the judge to make sure that

the order shows the judge’s decision.

Ask the judge to sign the Order on Adequate Cause. If you have scheduled Motions in your

case for the same day, such as a Motion for Temporary Family Law Orders, ask the judge to

sign orders showing the judge’s decision on those motions.

A judge’s oral decision at the adequate cause hearing must be put into a written order.

Usually you want to have your court orders signed the day of your hearing. In some

counties, they must be signed before the parties leave the courthouse.

Getting Copies of the Orders and Filing Them: Make sure you get a copy of the orders as

signed by the judge. Ask the clerk how to do this. The clerk may give you the originals and

tell you to make copies in the library or at the clerk’s office. DO NOT LEAVE THE

COURTHOUSE WITH, CHANGE OR DESTROY COURT ORDERS THE JUDGE HAS SIGNED.

After you have made copies, take the originals to the court clerk’s office for filing.

If the judge signs the order you filled out, deliver a copy of the order as signed by the judge to

every other party. Use the Proof of Mailing or Hand Delivery procedure to do this and to prove

that service has been made. Keep a copy of the order for yourself.

B. What if I disagree with the court’s adequate cause decision?

If a commissioner decided the motion, and you do not want to try to give the commissioner

more evidence, you can file a Motion for Revision. A judge hears a motion for revision. That

judge can hold a “new hearing” on the evidence the commissioner considered. You have



ten days from the date the commissioner signed the order to file a Motion for Revision.

RCW 2.24.050. Local court rules may also require you to serve the other parties within the

same deadline. If you plan to serve by mail, you must mail your motion at least three days

earlier. Motions for Revision are not usually easy to win. Talk with a lawyer, if possible,

before filing one.

If you are on active military duty21, or a military dependent22, you have special protections

under the Service Members’ Civil Relief Acts. These can include protection against being

defaulted in some circumstances, the right to ask for a stay (delay) of a court case if the

active military duty limits ability to take part in the case, and other rights.

Before doing anything else in this case, contact a lawyer or your JAG (Judge Advocate

General) right away for advice about how to protect your rights under the SCRA. Act fast!

Your time to respond is limited. Example: If you got a Notice re Military Dependent, you

must respond to it within 20 days. Your JAG will know military law. You may also need to

talk to a Washington lawyer about your family law issues.

You can use the Waiver of Rights under the Service Members Civil Relief Act form to give up

the rights under these laws. Instructions are earlier in this packet, if you decide to use it.

You can use the Notice of Military Dependent form if you qualify under the law as a military

dependent to notify the court and Petitioner that you are the dependent. Instructions for

this form are earlier in this packet.

21 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. For Washington State’s Service Members Civil Relief Act, see RCW 38.42.010 et seq. 22 RCW 38.42.010.



http://www.access.gpo.gov/uscode/title50a/title50a.html





Part 13. Settling the case by agreement

You can try to settle the case by agreement. You can try to make a deal even before you file

your Response. DO NOT ignore legal deadlines to respond to the petition or motions. You

can try to reach agreement by direct negotiation, at a settlement conference with the court,

or through mediation. Read Mediation: Should I Use It

If all the parties agree (or petitioner wins orders of default against those who have not

agreed), you should fill out final papers showing the agreement and present them to the

court. Use our Finalize a Non-Parent Custody Case packet. If the parties agree that

petitioner will have non-parent custody, petitioner(s) should arrange a time to present the

papers to the court. All parties should go to confirm that they agree.

If the parties have agreed that petitioner is voluntarily dismissing (dropping) the case

without an award of custody, see the packet Finalize a Non-Parent Custody Case.

If some parties agree that petitioner will get permanent legal custody, but others do not,

you are not ready to finalize.23 You cannot present the judge with final papers giving

Petitioner permanent legal custody until the case can be resolved as to ALL parties (by

agreement with each, default, or trial). If you have reached agreement with petitioner but

other parties have not, get legal advice.

The final papers can range from an order dismissing (stopping) the case, to a Final Non-

Parent Custody Order stating when and how the children will return to a parent, to a Final

Non-Parent Custody Order with greatly defined visitation for the parent(s), to an Order

denying the parents all contact with the children.

If you believe the final papers show your agreement accurately, sign them. Try to make an

appointment with a lawyer OTHER THAN PETITIONER’S LAWYER to review the

papers before you sign.

If you go to court to confirm the agreement, the judge may ask you about the agreement. If

the final agreement has the children living with a non-parent, the court must review the

background checks on petitioner and adults in petitioner’s household before signing.

Agreed cases can usually be resolved with a brief hearing. If the judge accepts the

23If the court is dismissing the case, you usually only need respondent’s agreement if she has filed a counterclaim. CR 41.

http://www.washingtonlawhelp.org/resource/mediation-should-i-use-it?ref=ANcFp






agreement, the judge will sign the final papers. Exception: If the judge finds the

proposed final papers propose a custody arrangement that is not in the children’s

best interests, or the background checks of petitioner or members of petitioner’s

household reveal problems, the judge may delay or deny approval of the papers

despite the parties’ agreement. The judge might make a CPS referral for investigation.

Make sure you get conformed copies of the final orders.

A. Agreement to Join the Petition - FL All Family 119

If you agree with everything in the Petition for Non-Parent Custody and any related papers

such as the residential schedule and support worksheets, you should fill out and sign this.

You do not have to sign an Agreement to Join Petition.

If you disagree with any requests in the petition or related paper, or you agree with the requests but want to be sure the court does not approve final agreed papers until you sign them, do not sign the Agreement to Join Petition.

Signing this form gives the other party permission to enter final papers without your further approval or your signature on the papers.

Even if you agree to everything requested, instead of signing the Agreement to Join

Petition, you should still ask to see and read the proposed final papers before the other

party takes them to the judge. If the proposed final papers correctly show your agreement,

sign them. That reduces your chances of misunderstanding. You can be more confident the

final papers accurately show your agreement.

If you agree with everything the other party asked for in the petition and every related

paper, and do not think it necessary to sign the final orders before they go to the judge, you

should fill out the Agreement to Join Petition here. Signing the form can make it easier and

quicker to finalize. It also has risks. Talk with a lawyer (NOT THE OTHER PARTY’S

LAWYER) before signing this so you fully understand any legal rights you are giving up.

Read the info above before deciding to sign this form.



1. Put your name.

2. Check the first box if you do not want notice of any future hearings or decisions. Check

the second if you want the other party to send you the notice of hearings to finish your



case. Checking this box does not mean Petitioner/requesting party must get your

signature on the final papers. It just means you are asking petitioner to send you notice.

In the blank, put your address. It must be a reliable mailing address where you will

immediately learn of papers arriving for you. If you are sure that you do not want the other

party to give you notice before the court enters final orders, check the first box.

Other. Most people will not put anything here.

Signature. Sign and date where it says.

B. How to file the Agreement to Join Petition, if you chose to sign it

Follow the same steps to file and serve it as described for filing your Response and other

forms. Mail or deliver a copy of the Agreement to Join Petition to the other parties. Keep a

copy for yourself.

Part 14. If you and another party disagree, get ready to go to trial

If

you file a Response contesting the petition AND

the judge signs an order finding adequate cause (either by agreement or after a

hearing) AND

the court does not dismiss the case for another reason AND

you do not reach an agreement about final orders

…then both Petitioner(s) and Respondent(s) must get ready to go to trial.

Follow the court’s rules about getting ready for trial. There may be a case schedule or

other notice that tells you some things to do to get ready for trial. Talk with the facilitator

for more info. If you do not have a case schedule, do not wait until the last minute to get

ready for trial. You must start weeks, if not months, in advance. Find out how your trial is

scheduled. The judge might announce the trial date. You might have to ask for a trial date.



If there is a GAL or other custody evaluator in your case, you should get a report from them before the trial.

If you have a trial, each party will have the chance to tell the judge why the judge should

rule in that party’s favor. Each party must present the judge with evidence (examples:

admissible documents or testimony) that helps prove that party’s claims.

Read Subpoenaing Witnesses and Documents and Getting Ready for a Court Hearing or

Trial. Try to talk a lawyer about what to do to get ready for trial.

At the end of your trial, the judge will announce the decision and reasons for it. The case is

not final until the judge signs final papers.

If the judge decides at trial to give petitioner custody, we list the final papers

petitioner needs in our Finalize a Non-Parent Custody Case packet.

If the judge decides Petitioner should not get permanent legal custody, the judge

may dismiss the case. Use our Finalize a Non-Parent Custody Case packet. The

judge will usually ask one of the parties or his/her lawyer to fill out the final papers

for the judge to approve.

Those papers will be presented to the judge at a “presentation” hearing. Sometimes the

judge at the end of the trial will tell you the date of the presentation hearing. If not, the

person filling out the final papers must give the other parties advance notice of the hearing

time and place and of the papers that person will ask the judge to sign. That person should

fill out the final papers to say exactly what the judge ordered, not what that party wanted.

Finalize a Non-Parent Custody Case explains how to present final papers after trial.

If another party has filled out final papers after trial and asks you to sign them, read each paper carefully. See if it accurately states what the judge decided at trial. If you believe something does not show the judge’s decision correctly, or you are unsure, you should insist the other party schedule a “presentation” hearing and give you notice of that hearing. At that hearing, explain why you believe the final papers does not show the judge’s decision.

http://www.washingtonlawhelp.org/resource/how-to-subpoena-witnesses-and-documents?ref=TvkCp

http://www.washingtonlawhelp.org/resource/basic-tips-on-how-to-prepare-for-a-court-hear?ref=GKbES

http://www.washingtonlawhelp.org/resource/basic-tips-on-how-to-prepare-for-a-court-hear?ref=GKbES






Part 15. Words and expressions you should know

Adequate cause hearing (sometimes called threshold hearing): A hearing to decide if the

non-parent petitioner(s) have presented enough evidence to allow the case to proceed or if

the petition should be denied before trial.

Alleged father: The man (or men) who might be the father of a child, but whose parentage

has not been legally established. See RCW 26.26.011(3).

Appearance: Informing the court and the parties of your whereabouts and your desire to

participate in your case, either in person at a Court hearing, or in writing, usually by filing

and serving a Notice of Appearance. Certain informal actions, such as negotiating,

telephoning about the case, or writing a letter, that show a knowledge of the claims in the case

and an intent to defend, might also be considered an appearance.

Attachment: a document stapled to a court form and referred to in the form. Attachments

should follow the format rules for court forms. (Basic information about the format rules is

in the General Instructions section of this packet.)

Bailiff: A member of the judge’s staff who is in charge of courtroom procedure and

security. The bailiff may sometimes be the same person as the clerk.

Calendar: The court’s schedule of cases to be heard, also called a Docket.

Caption: The heading of each legal document, which contains the name of the court, the

names of the parties, the case number, and the name of the document itself.

Case Schedule: A printed schedule issued by the court in some counties showing major

dates and deadlines in your case

Certified Copy: A copy of a document from the court file made by the court clerk that has

an official stamp on it stating it is a true copy. Usually you must pay for a certified copy.

Clerk of the Court: An officer of the court who handles clerical matters like keeping

records, entering judgments, and providing certified copies. In each courthouse, there is a

Superior Court Clerk’s Office. Someone from the clerk’s office staff is also usually in the

courtroom during hearings.




Commissioner/Court Commissioner: This person is similar to a judge but only makes

decisions relating to a specific subject matter. Many counties have family law

commissioners who decide cases only about family law24.

Confirm a Hearing or Trial: Notifying the court that you still plan to have the hearing or

trial scheduled in your case. The way to confirm your hearing or trial differs from county to

county and it is not required in all counties. Often a phone call to the court a few days

before the hearing or trial is required. Local rules explain each county’s requirements. If

notice is required and not given, the hearing or trial may be cancelled.

Conformed Copy: A copy of any court document that has been filed with the clerk. It must

be stamped with the date filed. If the document is an order, it must also have the name of

the judge who signed it written or stamped on it.

Contested Case: A case in which opposing parties participate and disagree about the

outcome of the case.

Continuance: Delaying your court hearing to a later date. In some counties the judge must

approve any request for a continuance.

DCS: Division of Child Support: The state office (part of DSHS) that establishes, enforces

and sometimes modifies child support obligations in many cases. DCS used to be called

CSD, OSE and SED.

Declaration: A written statement made to the court under oath.

Default: The failure to respond to court papers within the legal deadline.

Default Order: An order that can be requested if the respondent fails to file a Response

before the deadline, or, if s/he has appeared in the case, if s/he fails to file a Response after

being served with a Motion for Default.

Docket: The court’s schedule of cases to be heard on a particular day.

Ex Parte: Going before the court without notifying the other party. Sometimes also refers

to the courtroom where you see a judge without notifying the other party.

Exhibit: Documents, records, and photographs introduced into evidence at trial or hearing.

Attachments to legal forms might also be called exhibits.

24 Many decisions in family law cases are made by court commissioners instead of judges. To make this packet simpler, in most places we just use “judge.”



Filing: Giving court papers to the Court Clerk to place in the case file.

Guardian ad Litem (GAL): a person the court appoints in some cases to investigate the

issues and make recommendations to the court about the children’s best interests. If a GAL

is appointed, s/he is a party and has to be served with papers filed.

Hearing: Going before a judge to request a court order or to defend against another party’s

request. Hearings usually take place before the trial date and concern specific issues for

example, temporary relief. Hearings on important issues, for example, motions to dismiss,

may end the case. In many counties the court does not allow live witness testimony at

hearings, but the parties are expected to file and serve materials in advance in writing. In

some counties, the outcome of certain types of modification cases may be decided by

hearing rather than by full trial.

ICWA: Indian Child Welfare Act, a federal law that applies when a child is or may be an

Indian Child.

Immediate Restraining Order: An order signed by the judge if emergency circumstances

require protection before a temporary hearing can be held.

Involuntary Dismissal: A court order ending the case without petitioner receiving any

permanent relief requested in the petition. An involuntary dismissal usually happens over

petitioner’s objection. A written court order of dismissal needs to be entered if the judge

orally orders the case dismissed. If the case is dismissed, Temporary Family Law Orders

end.

Jurisdiction: The court’s authority to make decisions regarding certain people and issues. If

a court does not have jurisdiction, it does not have the authority to make orders over the

person or issue. In a child custody case there are two types of jurisdiction involved – there is

“subject matter jurisdiction” which is jurisdiction to decide about the custody of the child, and

there is “personal jurisdiction” which is required if the court is to decide about child support

and, in some circumstances, paternity. Sometimes a court will have jurisdiction to decide one

issue but not the others. (This usually happens when the child has been living in a state where

the parent(s) has never lived.)affected.

Motion: A formal request to the court for an order, usually about a specific issue.

Motion Docket: The court’s schedule of motions to be heard.

Note/Notice of Hearing/Note for Motion Docket: A form which lets the clerk know to

schedule a hearing and tells the other parties the subject of the hearing and when and

where the hearing will take place.



Notice of Appearance: A paper filed with the court and served on the other parties showing

that a party wants to participate in the case and where to send papers filed about the case

in the future.

Order: A court document signed by a judge that requires someone to do or not do

something. Restraining orders, orders re adequate cause, Residential Schedules or decrees,

are all examples of orders, if the judge has signed them. If you disobey an order of the court,

you may be held in contempt of court. It is important to notice if an order you are served

with is only a proposed order or if the judge has actually signed it. An order is not in effect

until a judge has signed it. (See “proposed order” definition.)

Order to Show Cause: A court order scheduling a hearing and requiring a person to come to

court at the time and place set for the hearing.

Other party: Every party to the case, other than yourself.

Party: Anyone listed on the court papers as a Petitioner or Respondent. GALs and the State

of Washington may also be parties.

Petition: The document that starts a case and asks the court for a decree, judgment, or final

order.

Petitioner: The person who first files a legal case. Petitioner in the caption of a form does

not change even when motions are filed later by the other party.

Presumed father: A man who is presumed by law to be the father of a child. You may find

the legal definition of presumed father in RCW 26.26.116.

Pro Se: Acting without a lawyer; representing yourself in court.

Proposed Order: A document one party will be asking the judge to sign. It will not yet have

the judge’s signature on it. Many counties require the parties to file and serve proposed

orders with motions or responses to motions to show how that party wants the court to

decide the motion. Even where proposed orders are not required, we recommend that you

prepare and serve them and deliver copies to the court. A proposed order becomes an

order if the judge signs it.

Residential Schedule: A proposal or, if signed by a judge, a court order which states when

the child will be with each party. In Non-parent; custody cases, if the Non-parents are

awarded custody the court may sign a residential schedule. (The Non-parent custody

residential schedule form differs from the parentage residential schedule form.)

Respondent: The person against whom a legal case was originally filed.




Response: A formal written answer to a Petition filed with the court by the Respondent.

The term can also be used to describe the papers a person files in response to a motion, so

it can be confusing. We will use the word “Response” with a capital “R” to refer to the

Response form. We will say “response” with a small “r” to refer to all types of responses,

including for example, responses to motions as well as to petitions.

Restraining Order: A court order to prevent a party from doing some act that may harm the

other party or child.

Ruling: A decision by the court.

Service: Giving court papers to the other party in a legally correct way. When a petitioner

starts a case, s/he must arrange for the Summons and Petition and other papers that begin

the case to be properly hand-delivered or, in some cases and where allowed where the

respondent cannot be found, sent by certified mail or published in a newspaper. After the

initial Summons and Petition have been served, many later papers can be served by first

class mail, with legally sufficient advance notice.

Settlement Conference: A formal meeting between the parties to a court case and a neutral

third party (such as a judge, retired judge, or attorney not otherwise involved in the case),

during which the parties try to settle, or reach an agreement, about all of the legal issues in

their case. Some counties require parties to family law cases to have a settlement

conference before going to trial. Some counties have programs to provide family law

settlement conferences available free of charge.

Summons: A written notice that a case has been started.

Temporary Family Law Order: An order entered after a case is filed and before it is

finished which is only in effect while the case is going on. In some counties, Temporary

Family Law Orders may end at a fixed time, even before the case ends.

Time to Respond: (or deadline to respond): The length of time a party has to respond to

something filed by another party. The length of time to file a Response to a Summons is 20

to 90 days after service, depending upon the type and location of service. The length of time

to respond to motions is usually much shorter.

Trial: The proceeding at which the judge listens to live testimony from parties and

witnesses, considers evidence properly introduced, hears argument, and decides the

outcome of the case.

Venue: The county where the case should be filed. Proper venue depends upon the type of

case.



Waiver: Asking to be excused from something. When you file a motion for a fee waiver,

you’re asking the court for permission to not have to pay the fee.

Working Papers: A copy of papers filed with the court that is delivered in advance of the

hearing for the judge to review. Local rules differ as to whether working papers are

required or, if they are required, when and where they are delivered. Some counties

require working papers to be delivered at or near the time you file a motion or response.

Part 16. Blank Forms

The rest of this packet has blank forms for your use. Make a copy of each so 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 Northwest Justice Project has a new program that helps people fill out family law

forms online. We are adding new forms throughout 2019-2020. Some of the forms you

need for divorce and other family law cases are available now. Check out

washingtonlawhelp.org/resource/washington-forms-online

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 www.courts.wa.gov/forms.

http://www.washingtonlawhelp.org/resource/washington-forms-online


RCW 4.28.010; 26.10.030(2) Mandatory Form (07/2019) FL Non-Parent 415

Response to Non-Parent Custody Petition

p. 1 of 5


In re custody of:

Children:

Petitioner/s (person/s who started this case):

Respondents (parents and any guardian or custodian):

No.


(RSP)


1. Your response

Look at each section of the Petition. Check below to say if you agree or disagree with what the other party said in each section, or say if you don’t know because you don’t have enough information. (If you disagree with any part of a section, check “I disagree.”) List your reasons for disagreeing on page 2.

Section in the Petition Your response (check one)

1. Petitioner’s Information [ ] I agree [ ] I disagree [ ] I don’t know

2. Children [ ] I agree [ ] I disagree [ ] I don’t know

3. The following adults live in Petitioner’s

household

[ ] I agree [ ] I disagree [ ] I don’t know

4. Respondents’ Information [ ] I agree [ ] I disagree [ ] I don’t know

5. Why the children should not live with a

parent


6. Why the children should live with

Petitioners


7. Respondents’ Visitation [ ] I agree [ ] I disagree [ ] I don’t know



p. 2 of 5

Section in the Petition Your response (check one)

8. Support, insurance, and taxes [ ] I agree [ ] I disagree [ ] I don’t know

9. Personal jurisdiction over Respondents [ ] I agree [ ] I disagree [ ] I don’t know

10. Children’s Home/s [ ] I agree [ ] I disagree [ ] I don’t know

11. Other people with a legal right to spend

time with a child


12. Other court cases involving a child [ ] I agree [ ] I disagree [ ] I don’t know

13. Are any of the children Indian children [ ] I agree [ ] I disagree [ ] I don’t know

14. Jurisdiction over Indian children [ ] I agree [ ] I disagree [ ] I don’t know

15. Jurisdiction over the children [ ] I agree [ ] I disagree [ ] I don’t know

16. Protection Order [ ] I agree [ ] I disagree [ ] I don’t know

17. Restraining Order [ ] I agree [ ] I disagree [ ] I don’t know

18. Fees and costs [ ] I agree [ ] I disagree [ ] I don’t know

19. Other requests, if any [ ] I agree [ ] I disagree [ ] I don’t know

If you checked “Disagree” for any of the sections above, list your reasons here:

Section #: Reasons:

Section #: Reasons:

Section #: Reasons:

Section #: Reasons:

Section #: Reasons:

Section #: Reasons:

Section #: Reasons:



p. 3 of 5

Section #: Reasons:

Section #: Reasons:

(If you need more space, you may add more pages to this Response. Number, date, and sign each page that you add.)

2. Request

I ask the court to:

[ ] deny the Non-Parent Custody Petition.

[ ] give custody to Petitioners but grant my requests in sections 3 - 7 below.

[ ] give custody to Petitioners and approve all the requests listed in the Petition. (Skip to

section 7 and sign at the end.)

3. Respondents’ Visitation

If the court gives custody to Petitioners, I ask the court to (check one):

[ ] approve my proposed Residential Schedule (form FL Non-Parent 405).

[ ] other: .

4. Protection Order

Do you want the court to issue an Order for Protection as part of the final orders in this case?

[ ] No. I do not want an Order for Protection.

[ ] Yes. (You must file a Petition for Order for Protection, form DV-1.015 for domestic violence, or form UHST-02.0200 for harassment. You may file your Petition for Order for Protection using the same case number assigned to this case.)

Important! If you need protection now, ask the court clerk about getting a Temporary Order for Protection.

[ ] There already is an Order for Protection between (name): and me. (Describe):

Court that issued the order:

Case number:

Expiration date:



p. 4 of 5

5. Restraining order

Do you want the court to issue a Restraining Order as part of the final orders in this case?

[ ] No. (Skip to 6.)

[ ] Yes. Check the type of orders you want:

[ ] Do not disturb – Order (name/s) not to disturb my peace or the peace of any child listed in the Petition.

[ ] Stay away – Order (name/s) not to go onto the grounds of or enter my home, workplace, or school, and the daycare or school of any child listed in Petition.

[ ] Also, not knowingly to go or stay within feet of my home, workplace, or school, or the daycare or school of any child listed in the Petition.

[ ] Do not hurt or threaten – Order (name/s) :

Not to assault, harass, stalk, or molest me or any child listed in the Petition; and

Not to use, try to use, or threaten to use physical force against me or the children that would reasonably be expected to cause bodily injury.

Warning! If the court makes this order, the court must consider if weapons restrictions are required by state law; federal law may also prohibit the Restrained Person from possessing firearms or ammunition.

[ ] Prohibit weapons and order surrender – Order (name/s) :

Not to access, possess, or obtain any firearms, other dangerous weapons, or concealed pistol licenses until the Order ends, and

To immediately surrender any firearms, other dangerous weapons, and any concealed pistol licenses that he/she possesses to (check one): [ ] the police chief or sheriff. [ ] his/her lawyer. [ ] other person (name): .

[ ] Other restraining orders:

Important! If you want a restraining order now, you must file a Motion for Temporary Non-Parent Custody Order and Restraining Order (form FL Non-Parent 423) or a Motion for Immediate Restraining Order (Ex Parte) (form FL Non-Parent 421).

6. Fees and costs

[ ] No request.

[ ] Order who should pay for court costs, guardian ad litem fees, lawyer fees, and other reasonable fees.

7. Other requests, if any



p. 5 of 5

Respondent fills out below:

I declare under penalty of perjury under the laws of the state of Washington that the facts I have provided on this form (including any attachments) are true.

[ ] I have attached (number): pages.

Signed at (city and state): Date:

Respondent signs here Print name

I agree to accept legal papers for this case at (check one):

[ ] my lawyer’s address, listed below.

[ ] the following address (this does not have to be your home address):

street address or PO box city state zip

(Optional) email:

(If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may use the Notice of Address Change form (FL All Family 120).)

Important! You must fill out and file a Confidential Information form (FL All Family 001) with the court clerk.

Lawyer (if any) fills out below:

Lawyer signs here Print name and WSBA No. Date

Lawyer’s street address or PO box city state zip

Email (if applicable):

RCW 26.23.050; 26.50.160; GR 22 Mandatory Form (05/2016) FL All Family 001

Confidential Information

p. 1 of 2

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): Yes No

If Yes, explain why?

4. Your Information

Full name (first, middle, last):

Date of birth (MM/DD/YYYY):

Sex: M F

Driver’s license/Identicard (#, state):

Race:

Relationship to children in this case:

Mailing address (This address will not be kept private.) (street address or PO box, city, state zip):

If your case is only about a protection order, the information below is not required. Skip to 5.

Home address (check one): same as mailing address listed below (street, city, state, zip):

Phone: Email: Social Sec. #:

Employer’s name: Employer’s phone:

Employer’s address:

5. Other Party’s Information – This person is a (check one): Petitioner Respondent



Sex:

M F


Race:








RCW 26.23.050; 26.50.160; GR 22 Mandatory Form (05/2016) FL All Family 001

Confidential Information

p. 2 of 2

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 Respondent

other:

2. M F


other:

3. M F


other:

4. M F


other:

5. M F


other:

6. M F


other:

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.


Petitioner/Respondent signs here Print name here

RCW 26.23.050 Mandatory Form (05/2016) FL All Family 002

Attachment to Confidential Information (Additional Parties or Children)

p. 1 of 1

Attachment to Confidential Information (Additional Parties or Children) (AT)

Clerk: Do not file in a public access file

County:

Case No.:

Use this form if there are more parties or children in your case than you can list on the Confidential Information form.

1. Other Party’s Information (if any) – This person is a (check one): Petitioner Respondent



Sex: M F


Race:








2. Other Party’s Information (if any) – This person is a (check one): Petitioner Respondent



Sex: M F


Race:








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 Respondent other:

8. M F

Petitioner Respondent other:

Mandatory Form (05/2016) FL All Family 118

Notice of Appearance (for a party without a lawyer)

p. 1 of 1


In re custody of:

Children:



No.

Notice of Appearance (for a party without a lawyer)

(APPS)

Notice of Appearance

(for a party without a lawyer)

1. My name is: .

2. I am filing this notice to appear in this case. I must be notified of any court hearings and

receive copies of any papers filed in this case.

3. I agree to accept legal papers for this case at the following address

(this does not have to be your home address):

street address or PO box city state zip

4. (Optional) I also agree to accept legal papers for this case at the following email address:

.

Sign here Date

If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may use the form Notice of Address Change (FL All Family 120). You must also update your Confidential Information form (FL All Family 001) if this case involves parentage or child support.

Optional Form (05/2016) FL All Family 135

Declaration p. 1 of __


In re custody of:

Children:



No.

Declaration of (name):

(DCLR)

Declaration of (name):

1. I am (age): years old and I am the (check one): Petitioner Respondent

Other (relationship to the people in this case):

2. I declare:

Optional Form (05/2016) FL All Family 135

Declaration p. 2 of __

(Number any pages you attach to this Declaration. Page limits may apply.)

I declare under penalty of perjury under the laws of the state of Washington that the facts I have provided on this form (and any attachments) are true. I have attached (number): pages.


Sign here Print name

Warning! Documents filed with the court are available for anyone to see unless they are sealed. Financial, medical, and confidential reports, as described in General Rule 22, must be sealed so they can only be seen by the court, the other party, and the lawyers in your case. Seal those documents by filing them separately, using a Sealed cover sheet (form FL All Family 011, 012, or 013). You may ask for an order to seal other documents

GR 22(b)(3), (g) Mandatory Form (05/2016) FL All Family 012

Sealed Personal Health Care Records

p. 1 of __


In re custody of:

Children:



No.

Sealed Personal Health Care Records (Cover Sheet)

(SEALPHC)

Clerk’s action required.

For use in Family Law and Guardianship cases.

Sealed Personal Health Care Records

(Cover Sheet)

Use this form as a cover sheet to keep your personal health information private from the public. On the first page of each document, write the word “SEALED” 1 inch from the top of the page.

Check the documents you are attaching to this cover sheet to be sealed:

Health records of any kind (including correspondence) related to a person’s physical or mental condition, or payment for health care.

Genetic test records for parentage.

Submitted by: Petitioner or his/her lawyer Respondent or his/her lawyer

Sign here Print name (if lawyer, also provide WSBA #)

Important! The other person and the lawyers in your case can see your sealed documents. If you need to keep your address information private for safety reasons, you may cross out or delete your address information.

GR 22(e), (g) Mandatory Form (05/2016) FL All Family 013

Sealed Confidential Report

p. 1 of __


In re:


And Respondent/s (other party/parties):

No.

Sealed Confidential Report (Cover Sheet)

(SEALRPT)

Clerk’s action required.

For use in Family Law and Guardianship cases.

Sealed Confidential Report (Cover Sheet)

Use this form as a cover sheet to keep any confidential part of a report private from the public. On the first page of each document, write the word “SEALED” 1 inch from the top of the page.

Check the reports you are attaching to this cover sheet to be sealed. Only the following parts of these reports are confidential and should be attached:

Detailed descriptions of material, or information gathered or reviewed; Detailed descriptions of all statements reviewed or taken; Detailed descriptions of tests conducted or reviewed; or Analysis to support the conclusions and recommendations.

(A public version of the report without the confidential parts may be filed separately.)

Parenting evaluations

Domestic Violence Assessment Reports (from Family Court Services or a court-appointed expert)

Risk Assessment Reports (from Family Court Services or an expert)

CPS Summary Reports (from Family Court Services or directly from CPS)

Sexual abuse evaluations

Report from a Guardian ad Litem (GAL) or Court Appointed Special Advocate (CASA)

Other (specify):

Submitted by: Petitioner or lawyer Respondent or lawyer Other:

Sign here Print name (if lawyer, also provide WSBA #)

Important! The other person and the lawyers in your case can see your sealed documents. If you need to keep your address information private for safety reasons, you may cross out or delete your address information.

CR 5(b) Optional Form (05/2016) FL All Family 112

Proof of Mailing or Hand Delivery

p. 1 of 2


In re custody of:

Children:



No.

Proof of Mailing or Hand Delivery (for documents after Summons and Petition)

(AFSR)

Proof of Mailing or Hand Delivery (for documents after Summons and Petition)

Warning! Do not use this form to prove you mailed or delivered a Summons, Petition, Order to Go to Court, or any kind of Restraining Order. For those documents, use Proof of Personal Service (FL All Family 101), or if you have court permission to serve by mail, use Proof of Service by Mail (FL All Family 107).

I declare:

1. I am (check one): the Petitioner the Respondent (name): and am competent to be a witness in this case.

2. On (date): , I served copies of the documents listed in 3 below to

(name of party or lawyer served): by:

mail (check all that apply): first class certified other

mailing address city state zip

email to (address): (only if allowed by agreement, order, or your county’s Local Court Rule)

CR 5(b) Optional Form (05/2016) FL All Family 112

Proof of Mailing or Hand Delivery

p. 2 of 2

fax to (number): (only if allowed by agreement, order, or your county’s Local Court Rule)

Hand delivery at (time): a.m. p.m. to this address:

street address city state zip

I left the documents (check one):

with the party or lawyer named above.

at his/her office with the clerk or other person in charge.

at his/her office in a conspicuous place because no one was in charge.

with (name): , at the address listed in court documents where the party agreed to receive legal papers for this case.

(For a party or lawyer who has no office or whose office is closed) at his/her home with (name): , a person of suitable age and discretion who lives in the same home.

3. List all documents you served (check all that apply): (The most common documents are listed below. Check only those documents that were served. Use the “Other” boxes to write in the title of each document you served that is not already listed.)

Notice of Hearing Notice Re Military Dependent

Motion for Temporary Family Law Order and Restraining Order

Sealed Financial Documents

Proposed Temporary Family Law Order Financial Declaration

Proposed Parenting Plan Declaration of:

Proposed Child Support Order Declaration of:

Proposed Child Support Worksheets Declaration of:

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.


Signature of server Print or type name of server

RCW 26.10.032 Mandatory Form (05/2016) FL Non-Parent 417


p. 1 of 4


In re custody of:

Children:



No.

Order on Adequate Cause for Non-Parent Custody

(ORRACG / ORRACD / ORH: see 6)

Order on Adequate Cause for Non-Parent Custody

1. (Name): made a Motion for Adequate Cause Decision and the court finds there is reason to approve this order. (Check one):

An adequate cause hearing was held.

all parties agree there is adequate cause (valid reasons) for the case to move forward, or any party not in agreement has been defaulted.

The Court Finds:

2. Jurisdiction

This court has jurisdiction over the children in this case.

This court does not have jurisdiction over the children in this case.

Other (specify):

3. Timing of Adequate Cause Decision

The court cannot decide adequate cause yet because:

the deadline for filing a Response to the Petition has not passed.

not all parties have been served.



p. 2 of 4

other (specify):

The court can decide adequate cause because:

all parties have been served and the deadline for filing a Response to the Petition has passed.

the motion was made by a Respondent and (describe any facts that affect timing for the other Respondent):

other (specify):

4. Adequate Cause

After considering the Petition, any supporting documents filed by the Petitioner, and any documents filed by the Respondents, the court finds the Petitioner (check one):

has not established adequate cause (valid reasons) to move forward to a full hearing or trial because:

has established adequate cause (valid reasons) to move forward to a full hearing or trial because:



p. 3 of 4

5. Other Findings (if any)

The Court Orders:

6. Decision

No Adequate Cause – The Non-Parent Custody Petition is dismissed.

Adequate Cause Found –

The Non-Parent Custody Petition will move on to a full hearing or trial. The hearing or trial will take place (check one):

at a later date to be set by the court.

on (date): at (time): a.m. p.m.

in (Court, Room/Dept.):

on the date set by the case scheduling order made when the Petition was filed.

No further hearing or trial date is needed because the court is signing the Final Non-Parent Custody Order, and any other final orders today by agreement or default.

7. Other orders (if any)

Ordered.

Date Judge or Commissioner

Petitioner and Respondent or their lawyers fill out below.

This order (check any that apply): This order (check any that apply): is an agreement of the parties is an agreement of the parties is presented by me is presented by me may be signed by the court without notice to me may be signed by the court without notice to me

Petitioner signs here or lawyer signs here + WSBA # Respondent signs here or lawyer signs here + WSBA #

Print Name Date Print Name Date



p. 4 of 4

This order (check any that apply): This order (check any that apply): is an agreement of the parties is an agreement of the parties is presented by me is presented by me may be signed by the court without notice to me may be signed by the court without notice to me

Other Petitioner or lawyer signs here + WSBA # Other Respondent or lawyer signs here + WSBA #

Print Name Date Print Name Date

Mandatory Form (05/2016) FL All Family 119

Agreement to Join Petition (Joinder) p. 1 of 1


In re the Custody of: __________________________________ Child(ren), __________________________________

Petitioner(s), and

__________________________________

Respondent(s).

No.

Agreement to Join Petition (Joinder)

(JN)

Agreement to Join Petition (Joinder)

1. My name is: .

2. I have read and I agree to join the Petition filed by the other side:

(title of Petition): .

I understand that if I fill out and sign below, the court may approve the requests listed in the Petition unless I file and serve a Response before the court signs final orders. (Check one):

I do not need to be notified about the court’s hearings or decisions in this case.

I ask the other side to notify me about any hearings in this case. (List an address where you agree to accept legal documents. This may be a lawyer’s address or any other address.)

address city state zip

(Optional) email:

If this address changes before the case ends, you must notify all parties and the court in writing. You may use the Notice of Address Change form (FL All Family 120). You must also update your Confidential Information form (FL All Family 001) if this case involves parentage or child support.

3. Other (if any):

Sign here Print name Date

Waiver of Rights Under Service Members

Civil Relief Act - Page 1 of 2

Superior Court of Washington County of _________________

In re the Custody of:

__________________________________

Child(ren),

__________________________________

Petitioner(s),

and

__________________________________

Respondent(s).

No.

Waiver Of Rights Under Servicemembers Civil Relief Act and Admission Of Service (No Mandatory Form Available)

My name is . I am the respondent/nonmoving

party in the above-entitled action. The petitioner/moving party has requested nonparental custody. I am a

member or the protected dependent of a member of the United States military and I am informed of my

rights under the Servicemembers Civil Relief Act of March 4, 1918, as amended and the Military

Servicemembers Civil Relief Act, RCW Ch. 38.42. I waive my rights under the Servicemembers Civil

Relief Act and the Military Servicemembers Civil Relief Act, RCW Ch. 38.42 and I request the court to

determine whether to grant the relief requested by the petitioner/moving party.

I received a copy of the Summons and Petition for Nonparental Custody and Proposed

Residential Schedule and Proposed Order of Child Support (if applicable) and other documents listed in

the Return of Service or Acceptance of Service in this matter on .

Waiver of Rights Under Service Members

Civil Relief Act - Page 2 of 2

Name of Servicemember:

Rank:

Serial No.:

Unit:

Signed at ___________________________________, on _____________________________.

[Place] [Date]

Signature of Nonmoving Party

Print or Type Name

SUBSCRIBED AND SWORN to before me this day of ,

.

NOTARY PUBLIC in and for

the state of

,

residing at

.

My Commission Expires:

.

Notice of Military Dependent

p. 1 of 2


In re the Custody of:

__________________________________

Child(ren),

__________________________________

Petitioner(s),

and

__________________________________

Respondent(s).

No. ________________________


(No Mandatory Form Developed)

I declare under penalty of perjury under the laws of the State of Washington that I am the

dependent of a member of the National Guard or a military reserve component under a call to active

service for a period of more than thirty consecutive days. I am filing this Notice to inform the court that I

believe I am entitled to protections under the Servicemembers’ Civil Relief Acts and that I do not waive

those protections.

I am:

[ ] the service member’s spouse


p. 2 of 2

[ ] the service member’s minor child

[ ] an individual for whom the service member provided more than one-half of my support for

the last 180 days.

I am the dependent of the following service member:

Name of Service member:

Rank:

Serial No.:

Unit:

Signed at _____________, ________________ (city and state) on _____________ (date).

Signature

Print or Type Name

How was this 3113EN RESPOND TO A NON-PARENT CUSTODY PETITION packet?

- EVALUATION FORM Your comments are appreciated and will help to make this packet more useful to others.

Please take a moment to complete this form and return it to:

LeeAnn Friedman Northwest Justice Project

500 W. 8th, Suite 275 Vancouver, WA 98660

Or email to [email protected]

1. Where did you get this packet?

CLEAR washingtonlawhelp.org Court Clerk or Facilitator

Other:

2. What is your primary language?

3. Are you low-income? yes no

4. What is the last grade you finished in school?

5. Did you read the instructions? yes no

6. Did you need the help of an agency, court facilitator, or advocate to complete your

case? yes no

If yes, what agency or individual helped you?

7. Did you find anything hard to understand? yes no

If yes, please tell us what.

8. Did you find any mistakes? yes no

Describe mistakes. Include the page #.

9. Additional Comments [use back if you need to]:

Today’s Date:

mailto:[email protected]
