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3605EN | November 2019

Respond to a Petition for a Parenting Plan, Residential Schedule and/or

Child Support: Parentage Cases

Instructions and Forms


Table of Contents | Page 1

Table of Contents

Part 1. Important Information .................................................................................. 1

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

B. Respond on time! ............................................................................................ 2

C. What if parentage has not been established? ................................................. 2

D. What if I think the court lacks the authority (jurisdiction) to order a parenting plan or child support? ..................................................................................... 2

E. What if I want to challenge the other party’s claim about who the other parent is? ................................................................................................................... 2

F. What if I agree with the Petition? .................................................................... 3

G. What if I am in the military or the dependent of someone in the military? ....... 3

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

Part 2. Checklist of Steps ........................................................................................ 4

Part 3. Court forms in this packet ........................................................................... 9

Part 4. Other court forms and documents you may need to get ........................ 10

Part 5. Deadlines and Legal Issues ....................................................................... 13

A. Figure Out How Much Time You Have To Respond ..................................... 13

B. Jurisdiction .................................................................................................... 14

C. Decide if you should file your own motions ................................................... 16

D. Dealing with deadlines .................................................................................. 16

Part 6. General instructions for filling out forms ................................................. 20

Part 7. How to fill out each form ............................................................................ 24

A. Response to Petition – FL Parentage 332 .................................................... 24

B. Parenting Plan – FL All Family 140 ............................................................... 25

C. Confidential Information Form and Attachment - FL All Family 001 & 002 .... 33

D. Notice of Appearance – FL All Family 118 .................................................... 34


Table of Contents | Page 2

E. Child Support Forms ..................................................................................... 35

Part 8. How to file forms with the court ................................................................ 36

A. Getting ready to file and serve ...................................................................... 36

B. Filing your papers in court ............................................................................. 37

Part 9. How to serve forms .................................................................................... 37

A. Make sure service is completed before the deadline for your response. ...... 37

B. Mail or deliver your papers to the other parties or their lawyers. ................... 38

C. Service must be completed before your deadline. ........................................ 38

Part 10. If you agree with everything in the petition .............................................. 40

A. Agreement to Join Petition (Joinder) form - FL All Family 119 (if you decide to use it) ............................................................................................................ 40

B. How to file the Petition to Join Petition (Joinder) form (if you chose to sign it) .................................................................................................................. 41

Part 11. If you are in the military or the dependent of someone in the military . 41

A. Waiver of Rights under Service Member’s Civil Relief Act form .................... 42

B. Notice of Military Dependent ......................................................................... 42

Part 12. If you and another party do not agree, get ready for trial ....................... 44

Part 13. Checklists of forms and documents ......................................................... 45

Part 14. Words and expressions you should know ............................................... 47

Part 15. Blank Forms ................................................................................................ 52

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 November 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 purposes only.)


Respond to a Petition for Parenting Plan | Page 1

Part 1. Important Information

A. Should I use this?

This packet will help you fill out and file the forms and papers you need to respond to a

Petition for Parenting Plan, Residential Schedule and/or Child Support when you are not

married to or in a domestic partnership with the other parent and you have already

established parentage within Washington State. We will call this type of case a Petition for

Parenting Plan for short.

The Petition will be on form FL Parentage 331. (The form number is on the bottom left of

page 1 of the Petition.)

Use this packet only if the child’s parentage is not in question. If you have doubts about

parentage (example: you think you might not be the father), believe it has not been legally

established, or want to challenge it, or if fewer than 60 days have passed since your

parentage acknowledgment or affidavit was signed, do not use this packet. Talk with a

lawyer.

If you may want to challenge your child’s parentage, do not wait! Often there are very short

deadlines for challenging parentage, especially if you have signed a parentage

acknowledgment or affidavit, or you were married to the other party at or near the time the

child was born. Read Parentage and Parenting Plans for Unmarried Parents in Washington.

Before you use this packet, try to talk with a lawyer. (The “What If I have Questions”

item below has referral information if you have a low income.) Even if you cannot afford to

pay one to represent you, try to meet with a lawyer once for advice.

Petitioner may file a case using the Petition form to ask for child support without also

asking for a Parenting Plan. Most people who file this type of case want a parenting plan.

We assume the petition you were served with asks for a parenting plan.

This packet only discusses parenting plans. We do not recommend you use a Residential Schedule. It does not say who can make decisions for the children. A parenting plan does.

http://www.washingtonlawhelp.org/resource/parentage-and-parenting-plans-for-unmarried-p?ref=A1e6D



B. Respond on time!

When you are served with legal papers, you must act right away. If you do not respond on

time, the other party may automatically win what they asked for. If you have also been

served with a motion, you may have a very short time after receiving the papers to

file your response. It may take time to find legal resources and read this packet. Start as

soon as you get the papers. If you cannot Respond to the petition in time, you must file a

Notice of Appearance and ask for a continuance of any upcoming hearings. (See below.)

C. What if parentage has not been established?

For the other parent to file a petition for parenting plan, your child’s parentage must

already have been legally established by an Affidavit or Acknowledgment of Paternity or

Parentage. If you do not think parentage has been established, put that in your Response to

Petition (see below), and maybe ask the court to dismiss the case.

For a Paternity or Parentage Affidavit or Acknowledgment to be a legal determination of parentage in Washington, it must have been signed by the parents (and any presumed parents) AND at least 60 days must have passed since you filed it with the Department of Vital Statistics. RCW 26.26.370(1); RCW 26.26.375(1). Find out how long it has been since your Affidavit or Acknowledgment was filed by calling the Department of Health at (360) 236-4300.

D. What if I think the court lacks the authority (jurisdiction) to order a parenting plan or child support?

Read the “Deadlines and Legal issues” section below. Talk to a lawyer.

E. What if I want to challenge the other party’s claim about who the other parent is?

If you have been served with a Petition for Parenting Plan but do not believe that you are

the parent, you must act very quickly to challenge parentage. Talk with a lawyer right

away. You have a very short time to challenge parentage in some cases. If you do not meet

your deadline, you may not be able to challenge parentage at all.

Example: if you signed a Paternity or Parentage Affidavit or Acknowledgment in

Washington, and fewer than 60 days have passed since you filed it with the Department of

Health, you should immediately file a Petition to Withdraw (Rescind) Paternity or

Parentage Acknowledgment/Denial of Paternity or Parentage. If more than 60 days have

passed, you may still be able to challenge parentage. Talk to a lawyer. Read Parentage and

Parenting Plans for Unmarried Parents in Washington.

http://apps.leg.wa.gov/RCW/default.aspx?cite=26.26.370







F. What if I agree with the Petition?

If you agree you should have a parenting plan, but you do not agree with everything else

the other parent asked for in the legal papers you received, use this packet to file a

response.

If you agree with EVERYTHING the petition is asking for, in the parenting plan, and any

child support worksheets, see the section below on agreed cases.

G. What if I am in the military or the dependent of someone in the military?

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 the federal and state Service Members Civil Relief Acts. The section

on military service members and their dependents later in this packet has general info.

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

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

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

where you may get legal advice about your case.

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

public phone, call 1-800-621-4636. They will identify and 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. Checklist of Steps

We explain many of the steps listed below in more detail later in this packet. Check the

boxes as you go through the process.

1. Figure out how much time you have to respond. Look at all the papers you

received. The Summons should tell you how much time you have to file your Response.

Look also at the “deadlines” section to make sure you know your deadline. Look

carefully through all the papers to see if you were also served with a motion

(examples: Motion for Temporary Family Law Orders, Motion for Immediate

Restraining Order and Hearing Notice). If so, get the Respond to Motions for Temporary

Family Law Orders or Immediate Restraining Orders: Parentage Cases packet.

o Petition: My deadline to Respond to the Petition is _______________.

o Temporary Family Law Orders (If you received, or later receive, a Motion for

Temporary Family Law Order or an Immediate Restraining Order and Hearing

Notice)

- The Temporary Family Law Orders hearing date is _________________.

- The deadline to respond to a Motion for Temporary Family Law Orders

or an Immediate Restraining Order and Hearing Notice is

____________________.

o Notice re Military Dependent

If you received this notice and are a military dependent as explained in the

notice, notify petitioner and the court within 20 days after you received the

notice.

- The deadline to respond to this notice is _______________.

o I do [ ] do not [ ] need to deliver working papers to the judge.

o Put other deadlines here:

_________________________________________________________________________________________

If you cannot respond on time, file and serve a Notice of Appearance, and try to get

a continuance of any upcoming hearings. If you cannot get a continuance, file and serve

http://www.washingtonlawhelp.org/resource/responding-to-motions-for-temporary-or-emerge?ref=6REii




a Notice of Appearance, and get ready for the hearings. (See the “Deadlines and Some

Legal Issues to Consider” section of this packet and the instructions about the Notice of

Appearance form.)

2. Read the papers carefully to find out what the other parent is asking for. Use a

yellow highlighter pen. Mark things in the papers that you want to respond to. If

possible, take the papers to a lawyer to read them and advise you about what to put in

your response.

If you believe parentage has not been established, or you want to challenge the other parent’s claim about who the children’s father is, you may need to file your own legal case in response. Do not use this packet. Talk with a lawyer right away. Read Parentage and Parenting Plans for Unmarried Parents in Washington.

3. Learn about local requirements.

Local court requirements will affect how you 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 follow local court requirements.

Call the court clerk’s office or family law facilitator for the court where your case is taking

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

(examples: petition for parenting plan, 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

know words used here.

Find out at least these:

If the county has its own packets or forms for petition for parenting plan cases. If so,

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

need.

If the court uses case schedules (and if the court requires the petitioner to serve the

schedule on the other parties).

If a party wants or needs the judge to appoint a GAL, if there is a program for such

an appointment at no or reduced cost, and if there are special local forms for the

appointment of a GAL or evaluator.


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



Procedures for the court to check the judicial information system and databases

before entering a permanent parenting plan to identify any information relevant to

placing the child. (RCW 26.09.182)

In cases where a limiting factor such as domestic violence or child abuse is claimed,

local court procedures for having both parties screened to determine if a

comprehensive assessment is appropriate to determine the effect of the limiting

factor on the child and the parties. (RCW 26.09.191(4))

If you use our packet, get any other local forms you need.

If you have been served with a motion, learn any special deadlines for responding to family

law motions in the county where your case is filed. (See the “Deadlines and Legal Issues”

section of this packet.)

4. Get any other do-it-yourself packets you need. Example: if you have been served

with a motion, get our Respond to Motions for Temporary Family Law Orders or

Immediate Restraining Orders: Parentage Cases packet. This and other packets are

available at WashingtonLawHelp.org.

Domestic Violence Survivors: If another party has a history of physically harming you or the children, or threatening to, and you have had a dating, roommate, marital, or family relationship with them, you might file a petition for an Order for Protection for immediate protection. Orders for Protection offer strong safety restraints. The police may take it more seriously than a restraining order. Read Domestic Violence: Can the Legal System Help Protect Me, contact your local domestic violence program, or call the National Domestic Violence Hotline at 1.800.799.7233. If you obtain an Order for Protection during the parentage case and want to ask that it be made permanent and/or to cover the children for longer than one year, see the instructions later in this Responding packet for how to make this request in your Response form. If you do not have a protection order now, do not need one right away, but want to request one to take effect at the end of your parentage case and continue permanently after that for you and/or the children, see the instructions later for how to make this request at the same time you complete your Response. Also, consult a lawyer before filing for an Order for Protection if the court has entered a temporary parenting plan or custody order very recently.

5. Make any challenges to the court’s jurisdiction or other legal motions. We do

not describe jurisdiction or motions in detail. The “Deadlines and Legal Issues” section





http://www.washingtonlawhelp.org/

http://www.washingtonlawhelp.org/resource/domestic-violence-how-the-legal-system-can-he?ref=4Jtao



lists a few issues you might raise in appropriate cases. Talk with a lawyer.

6. Follow the General Instructions and fill out the captions of all of the forms.

7. Fill out all the forms you plan to use from this packet and other packets. Make

the necessary copies of the completed forms.

8. File your response with the court clerk’s office in the Superior Courthouse of the

county where your case was filed.

9. Have the papers served on the other parties.

10. File a Motion for Temporary Family Law Orders or for Immediate Restraining

Orders, if you want these. For help deciding if you should file for Temporary Family

Law Orders or Immediate Restraining Orders, read Parentage and Parenting Plans for

Unmarried Parents in Washington. In general, you should ask for Immediate

Restraining Orders only if you need a court order immediately (such as when the other

parent is harassing you, or is endangering the children). If you decide to file for

temporary family law orders, use our Ask for Temporary Family Law Orders: Parentage

Cases packet. If you decide to file for immediate restraining orders, use our Ask for

Immediate Restraining Orders: Parentage Cases packet.

11. File a Motion to Appoint a Guardian ad Litem (GAL), if you want one. For help

deciding if you should file this motion, read Parentage and Parenting Plans for

Unmarried Parents in Washington. To file the motion, use our Ask for Temporary

Family Law Orders: Parentage Cases packet.

12. Ask for discovery, if you want it. Discovery is the process of gathering

information to reach a settlement or present your case at trial. The process helps you

learn how Petitioner views the case. You can ask other parties or witnesses for info and

documents that could help prove your case if you go to trial. For more about how to

request discovery, see a lawyer. The facilitator may have basic info. Read “Doing

Discovery” in Family Law Cases Interrogatories and Requests for Production.

13. Participate in locally required conferences, classes, or mediations. Many

counties require you to attend parenting classes. Some counties require mediation,

settlement conferences, or status conferences.

14. As the case goes on, make sure you give other parties proper notice of other

papers you file in your case.



http://www.washingtonlawhelp.org/resource/filing-a-motion-for-temporary-orders-for-pare?ref=kGyjn


http://www.washingtonlawhelp.org/resource/filing-a-motion-for-emergency-orders-for-pare?ref=TOJVJ






http://www.washingtonlawhelp.org/resource/how-do-i-do-discovery-help-with-interrogatori?ref=w1dNz

http://www.washingtonlawhelp.org/resource/how-do-i-do-discovery-help-with-interrogatori?ref=w1dNz



15. Keep a copy of all documents that you file with the court or that you receive

from other parties for your own records. Create your own file folder for these

papers. Take them with you when there are hearings in your case.

Under state law, the court must:

check the judicial information system and databases to identify any information

relevant to placing the child before entering a permanent parenting plan.

in cases where a limiting factor such as domestic violence or child abuse is

claimed, have both parties screened to determine whether a comprehensive

assessment is appropriate to determine the effect of the limiting factor on the

child and the parties.

Ask the clerk or facilitator about procedures your court is using under this law. You

may need local forms and procedures not described in this packet.

16. Finalize your Case. Use our Finalize a Petition for a Parenting Plan, Residential

Schedule and/or Child Support: Parentage Cases packet.

http://www.washingtonlawhelp.org/resource/finishing-your-petition-for-parenting-plan-cu?ref=lcBAE




Part 3. Court forms in this packet

Forms you will need to respond to a Petition for Parenting Plan in this packet:

Court Form Title Court Form Number

Response to Petition for Parenting Plan, Residential Schedule, and/or Child Support

FL Parentage 332

Confidential Information Form and Attachment FL All Family 001 & 002

Notice of Appearance FL All Family 118

Proof of Mailing or Hand Delivery FL All Family 112

Parenting Plan or use Make a Parenting Plan, a Washington Forms Online interview that will help you prepare this form at WashingtonLawHelp.org

FL All Family 140

Forms you may also need in this packet:

Court Form Title Court Form Number

Agreement to Join Petition (Joinder) FL All Family 119

Waiver of Rights Under Service Members' Civil Relief Act

Non-Mandatory Form1

Notice of Military Dependent Non-Mandatory Form

1 A “mandatory” form is a legal form produced by the Washington State Office of the Administrator of the Courts. In family law cases, in some situations, no mandatory form exists. We have created some forms for your use. You will see just below the title of the form the words “No Mandatory Form Available.”

https://www.washingtonlawhelp.org/resource/parenting-plan-forms-online



Part 4. Other court forms and documents you may need to get

Our packets provide only the forms you need at the stage you need them. You will need

more than one packet to file and finalize your case. Read the info below carefully. Check the

boxes by the other packets you need. The Northwest Justice Project has a new program

called Washington Forms Online. It helps people fill out family law forms. We are adding

new forms throughout 2019-2020. Some of the forms you need are available now. Visit

WashingtonLawHelp.org to download packets or use Washington Forms Online.

If you have a very low income, you can get packets by mail by calling CLEAR at 1-888-201-

1014.

Additional documentation to gather if you or the other party is asking for child

support:

Your last two years of federal and (if applicable) state income tax return forms, with

your W2s and other attachments.

Your pay stubs from at least one full month. In some counties, you may need the last

six months, or back to January 1. Check local court rules.

Some counties require other evidence, such as six months of bank statements,

additional years of federal income tax returns, and so on. Check local court rules.

If you file some confidential info during the case, use the forms below to protect that info

from being included in the public court file. Get them individually at

www.courts.wa.gov/forms.

Sealed Personal Health Care Records (Cover Sheet) - FL All Family 012

Sealed Confidential Reports (Cover Sheet) - FL All Family 013

Sealed Financial Source Documents Cover Sheet - FL All Family 011

Other Packets You May Need to Respond to the Petition:

Child Support Worksheets and Orders –if you or the other party asks for support OR the

case involves other financial requests (example: to help pay GAL fees). If you file

https://www.washingtonlawhelp.org/resource/washington-forms-online

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

http://www.washingtonlawhelp.org/resource/child-support-orders-for-divorce-cases-parentage-cases-and-petition-to-change-parenting-plan-cases



private financial information, use the Sealed Financial Source Documents Cover Sheet in

this packet.

This packet only discusses parenting plans. We do not recommend you file for a

Residential Schedule. It does not say who can make decisions for the children. A

parenting plan does.

Respond to Motions for Temporary Family Law Orders or Immediate Restraining Orders:

Parentage Cases – If you have been served with a Motion for Temporary Family Law

Orders or an Immediate Restraining Order and Hearing Notice. The Sealed Confidential

Reports Cover Sheet and the Sealed Personal Health Care Records Cover Sheet are in

this packet, if needed.

Petition for Order for Protection (Domestic violence: WPF DV 1.015) – You must

complete this if you are asking for an Order for Protection as part of your petition, or

you are asking the court to change your Order for Protection as part of the parenting

plan. Get the forms from your county clerk’s office, domestic violence advocacy

program, or online at www.courts.wa.gov/forms. Important: attaching a Petition for

an Order of Protection to your petition does not give you any immediate

protection order. It only asks for the entry of a protection order at the end of your

case. (Note: the “Petitioner” on the Protection Order form is always the protected

person, even if they are the respondent in the family law case.)

Ask for Temporary Family Law Orders: Parentage Cases, or Ask for Immediate Restraining

Orders: Parentage Cases - For help deciding if you need either/both of these orders, talk

with a lawyer or read Parentage and Parenting Plans for Unmarried Parents in

Washington. Use one of these packets to ask for a Guardian Ad Litem (GAL) if you

want the court to appoint someone to investigate the all parties’ situations and make a

recommendation about a parenting plan in the children's best interests.

Declaration about Public Assistance: FL All Family 132: We do not include this optional

form in our packets. We tell you to serve the State in any case where TANF, Medicaid,

or foster care are involved. We instruct you to get the state’s signature on all default

and agreed orders where the state might have an interest in the support obligation in

your case. You may need the form if your county requires it, or to verify that no public

assistance has been paid or that the children are not in foster care or out of home

placement. You can get it at www.courts.wa.gov/forms.

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

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

www.courts.wa.gov/forms.













Serving Papers on the State - If any party is asking for an order regarding child support,

and any of the children has received TANF, medical coupons or Medicaid, or is 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 Forms and Rules – Some counties have special rules for parentage

cases. Check with the clerk or facilitator.

Some county clerk’s offices have forms and local rules available online at

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

Subpoenaing Witnesses and Documents –To make sure important witnesses or

documents are available for your trial.

Finalize a Petition for a Parenting Plan, Residential Schedule and/or Child Support:

Parentage Cases – Tells you how to finalize your case. Your case is not final until a judge

has signed all your final court orders.

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

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

http://www.washingtonlawhelp.org/resource/how-to-subpoena-witnesses-and-documents?ref=8L66p






Part 5. Deadlines and Legal Issues

If the other party did not give you all the legal papers they should have, you should ask the

court not to give them the relief they are asking for. First, write the other party or their

attorney a letter. List the legal papers you believe you should have received, but did not. If

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

get all the papers as required. Attach a copy of your letter.

A. Figure Out How Much Time You Have To Respond

1. Deadline for Response to Petition. Find the Summons form. You should have

received it with the Petition. The Summons should say how many days you have to

file and serve a Response after the date you received the papers. Or look at the

deadlines that follow.

o If you were personally served with the petition in Washington (someone who

is not a party to the case handed them to you or an adult handed them to a

teenager or adult who lives with you), you have 20 DAYS from the date you

received the papers to file and serve your Response. Civil Rule (CR) 4(a)(2).

o If you were personally served in a state other than Washington, you have 60

DAYS from the date you received the papers to file and serve your Response.

RCW 4.28.180.

o If you were served by publication (a copy of the summons was published in

the newspapers) in or outside of Washington, you have 60 DAYS from the

first date the summons was published in the newspapers to file and serve

your Response. RCW 4.28.110.

o If you were served by certified mail in or outside of Washington, you have 90

days from the date you received the papers to file and serve your Response.

CR 4(d)(4).

2. The Deadline for Motions is Different:

a. Responding to Motions other than a Motion for Default. If you were served

with a Motion for Temporary Family Law Orders or Motion for Immediate

Restraining Order and Hearing Notice along with the Petition (or later), you have

much less time to file and serve a response to the motion than to Respond to the

petition. You may have only a few days (for emergency motions, maybe even less).

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






Find out the deadline for responding to the motion. Do not miss your hearing date.

For non-emergency motions, the moving party must give you notice as many days

before hearing as your county’s local rules require. For some counties, you must

receive the papers for a motion at least five court days before the hearing, not

including weekends or the date the papers are given to you. CR 6(d). For some

counties or motions, you must get longer notice. Make Sure You Got Enough

Notice. If the notice does not state your deadline, immediately check your local

court rules or ask the court clerk or family law facilitator what the deadlines

are. Usually, you must file and serve your response to a motion no later than one

court day before the hearing on that motion. CR 6(d). In some counties, the

response must be filed and served four or more days before the hearing. read

Respond to Motions for Temporary Family Law Orders or Immediate Restraining

Orders: Parentage Cases packet. There is more below about deadlines and

responding.

b. Responding to a Motion for Default. If you are served with a Motion for Default,

you must file both and serve your declaration in response to the motion and your

Response to the petition before the deadline on this motion, or all the moving

party’s requests may be granted. If you are served with a Motion for Default and you

have not yet appeared in the case, you may also need to get court permission to file

and serve your Response. CR 55(a)(2).

We do not explain here how to request court permission. If you cannot file a motion for court permission before the hearing on the motion for default, at least prepare your Response and declaration, file and serve both, go to court for the default hearing, and ask for permission to take part at the hearing.

Also see the information on dealing with deadlines below.

If you do not respond on time, the moving party may get an order getting everything they

ask for. Even if you file and serve a Response, if you do not then go to a hearing, the court

may give the other party what they have asked for at that hearing.

B. Jurisdiction

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

It may be able to grant the other parent a parenting plan if Washington has jurisdiction

over your children, even if you have never lived here. If you have not lived here,

Washington may not have “personal jurisdiction” over you. In that case, the Washington








court may not be able to order you to do certain things, such as pay child support2. If you

think Washington lacks jurisdiction over you, you must challenge Washington’s

jurisdiction before filing anything else with the court. For help deciding this, talk with a

lawyer or read Parentage and Parenting Plans for Unmarried Parents in Washington.

2. Does the court have jurisdiction to order a parenting plan/ (decide custody of my children) (subject matter jurisdiction)?

If another state or tribal court has already entered a custody order about your children, or

your children have not lived in Washington for very long before the petition is filed, the

court here may lack jurisdiction to order a parenting plan (decide custody of your

children).

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), RCW Ch. 26.27,

determines if Washington has jurisdiction to decide custody (subject matter jurisdiction).

For more information about the UCCJEA, talk with a lawyer. Read Which Court can Enter

Custody Orders? Frequently Asked Questions and Answers about Jurisdiction.

If Washington lacks subject matter jurisdiction, the court here should not decide custody.

Washington might still be able to decide other issues.

3. What should I do if I think the court lacks jurisdiction?

If you think the court in Washington lacks personal or subject matter jurisdiction, talk to a

lawyer. If you have a low income, call CLEAR at 1-888-201-1014 or, 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 with a free family law

clinic.

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

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 think it lacks personal jurisdiction right at the start, you will probably lose your chance

to object. CR 12 (b),(g),(h).

You can object to jurisdiction over your children (subject matter jurisdiction) at any time,

but it is best to do so early on. CR 12(h)(3).

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

2 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/which-court-has-the-right-to-enter-a-custody?ref=0dzWl

http://www.washingtonlawhelp.org/resource/which-court-has-the-right-to-enter-a-custody?ref=0dzWl





C. Decide if you should file your own motions

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

you believe the court lacks jurisdiction

you are on active military duty or a protected military dependent

you want or need immediate restraining orders or temporary family law orders, or a

custody evaluation or appointment of a GAL

You should file any motions before the hearing on motions scheduled by another party. You

may then be able to schedule your motions so the judge hears them on the same day as the

other party’s.

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

in this packet of self-help publications on immediate restraining orders and temporary

family law orders and GALs.)

D. Dealing with deadlines

If you are in the military, or a military dependent, you may have special legal rights. Talk to

a lawyer before filing anything with the court and well before your legal deadline to

respond.

1. Meet your Deadlines

Review the deadlines you calculated. You must file and serve papers before those

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

a Response to the Petition.

If hearings are coming up in your case, you must deliver working papers in advance for the

judge if your county requires them. Ask the court clerk or family law facilitator about

deadlines and the need for working papers. Read What are Working Copies.

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 (delay) so the

court will consider your papers.

2. If You Need More Time

To Respond to the Petition: If you do not have this prepared, you should file and

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

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

hearings, Petitioner should give you notice before asking for an order of default

https://www.washingtonlawhelp.org/resource/what-are-working-copies?ref=2HW5U



against you. Then file your Response as soon as possible. If you are served with a

Motion for Default, see “to respond to a Motion for Default” below.

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 enough legal notice of the hearing on a motion, the

judge should not rule against you at the hearing. The judge may not know you

received short notice. You must explain this in a declaration you file in response to

the motion, and in person at the hearing. You can ask for a continuance

(postponement) of the hearing. Be ready for the hearing anyway. The court may

deny your continuance request.

If you did get enough notice according to the rules but you simply do not have

enough time to respond, you may still try to get a continuance. As soon as you know

you want one, contact every other party if possible (or their lawyer, if they have

one). Email or fax is best. State that you need more time to respond to the papers.

Ask for a new hearing date. Depending on your reasons, 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 wait to show up for the hearing and ask there, the judge may order you to pay the other party for wasting time appearing for the hearing if you could have asked in advance. This is especially true if another party has a lawyer.

If the moving party agrees to the continuance, ask for written confirmation that they

have rescheduled the hearing. If you do not get this, you should assume the hearing

is still taking place. Get ready for it and go to it. The judge might need to approve any

continuance.

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

a) Respond as best you can and get ready for the hearing. The very first

thing to say in your declaration is that you want a continuance. If you did not

get enough notice, say that. If you did get enough notice, but you need more

time anyway, say that and describe how you tried to get an agreement for the

continuance. If you have not already done so, file and serve a Notice of

Appearance.

b) Make a Motion for Continuance. You may not have enough time to give the

other parties the notice required for a motion for continuance. You may need

to get an Order Shortening Time. This order lets you bring a motion on less

than the required time. The facilitator may have more info.



c) Ask for a continuance at the hearing. Go to the hearing. When they call

your case, stand up. State your name and that you want a continuance. The

judge may ask why and may ask the other party why they object. If you tried

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

The judge will not always allow a continuance. Be as ready as you can 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 judge denies your request, you must do all these:

a) file and serve your Response to the petition before the deadline to respond to

the motion for default.

b) file and serve your declaration in response to the motion before the deadline

to respond to the motion for default.

c) if the motion for default was filed before you appeared in the case, you may

need court permission ( “leave of court”) to Respond. Talk to a lawyer.

d) go to the hearing OR verify that it has been cancelled.

Otherwise, the judge may enter a default judgment against you. Your declaration should

ask the judge to deny the motion for default. It should also explain that you have now filed

and served a Response to the Petition and explain the late filing of your Response.

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

You might still be able to file a late Response. Ask the court clerk 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 an Order on Motion for Default, you should immediately file

and serve a Notice of Appearance (or file and serve your jurisdictional defenses). Then file

your Response as soon as possible.

If you are served with a Motion for Default, or a party has already filed a Motion for Default,

filing a Notice of Appearance is not enough. See “to respond to a motion for default,” above.

Check with the clerk. If you learn that the judge has entered an order of default or final

orders against you, you must act very quickly to ask the court to cancel those orders. Use

our File a Motion to Vacate Judgment/Order in a Family Law Case packet. Talk to a lawyer.

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



3. If the hearing on a motion has already happened

If you find out a hearing on a motion already happened, or that the judge 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. Act fast. The longer you wait, the harder it may be 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 judge has entered an Order on Motion for Default against you. (See the

additional caution above if a motion for default has been filed but you have not appeared in

the case.)



Part 6. General instructions for filling out forms

These general instructions apply to all forms. They cover all types of family law cases. You

may not use some of the info in your case.

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 includes your case name and number, court name, the title of the court paper,

and sometimes, the case type. It appears at the top of the first page of every form.

Put the name of the county where you are filing your case after "Superior Court of

Washington, County of ."

Case number. When you file the papers to start the case and pay the filing fee, the court

clerk assigns a case number. Put that number near the top on the right hand section of the

first page of every form after "No." When you file your case, there may be a special stamp

at the court clerk’s counter may have a stamp you can use to put the case number on each

paper. You can also print it.

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.



If you do not put the case number on the first page of everything you file with the court and make for other parties, your papers may be lost, or the clerk may return them to you. Some courts will fine you for filing incorrect forms.

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

might have to add more info. Example: on a declaration, you put the name of the person

filling out the declaration.

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

The contents. Fill out each form according to its instructions. In most counties, you may

print or type. It must be readable. You must use BLACK OR DARK BLUE INK. After filling

out each form, re-read it. Make sure you have correctly filled in all blanks you need to. Any

corrections must be neat and readable.

Do not write in the margins of any page. The clerk may reject your form.

Dates. The last page of most forms (not including orders) has a space for the person who

filled it out to put the date they signed it. The judge puts dates in when the judge signs the

order.

Signatures.

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

o Some forms have one signature line for “petitioner” or “respondent.” After

filling 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 place (city, state) you signed the form.

o When you prepare and file motions, you are the moving party. After you

prepare a motion, look for each place marked “signature of moving party or

lawyer.” Look carefully. You may have to sign in more than one place. You

may have to write the date and the place (city, state) you signed the form.

o 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.

http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set=GR&ruleid=gagr14



Other party’s signature: Some forms have a place for other parties to sign. You

cannot force another party to sign a court paper. If you have prepared an order

after a hearing, the other party may be willing to sign it if they agree it accurately

states the judge’s decisions, or the judge may require the other party to sign.

o Agreed orders. If the other party agrees with the orders you have written,

they should sign in the right place on each court order they agree to.

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

nonmoving party, or you did not prepare the order, the other party may ask

you to check this box and sign underneath. If you do, you are agreeing the

judge should sign the order as written AND the other party can give the order

to the judge to sign without letting you know when they are going to do it.

Other signatures: A witness or person serving papers who must sign a form must fill out

all info correctly and sign in the right space.

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

to some information in court files. The following three boxes discuss these rules: GR

(General Rule) 15, GR 22 and GR 31.

Box #1 - Things to not put in most court papers:

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

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

available to publicly 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: Put only the last

four digits.

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

checking, and so on), and 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: Attach any paystubs, checks, loan applications, tax returns, credit

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

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

Medical or Mental Health Records or Information: Attach any papers you file that have

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

insurance or payment records to a Sealed Personal Health Care Records form. Then the

public cannot access them.

Confidential Reports: Reports intended for court use must have public and private

sections. You should attach the private section 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

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

15. Talk to a lawyer.

Box #3 - When to put private information in court forms:

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

party. You must fill in your personal information completely (including your home address,

social security number, and so on):

Confidential Information Form

Vital Statistics Form

Domestic Violence Information Form

Law Enforcement Information Sheet.






Part 7. How to fill out each form

A. Response to Petition – FL Parentage 332

Every respondent must fill this out. The Response, for short, is your chance to answer

what the other parent’s Petition says. Look at the Petition while filling out the Response.

If you are in the military or a protected military dependent, talk with a lawyer or the

JAG office before filing and serving this form, and before your deadline to Respond.

Caption. Fill out the caption.

1. Your Response. Read each corresponding paragraph of the Petition. Follow the

instructions in answering this section. For any section you check "I disagree," explain why in

the section starting on page 2.

Jurisdiction over the children: Talk to a lawyer if you need help deciding Washington has jurisdiction over your children. Read Which Court has the Right to Enter Custody Orders? Frequently Asked Questions and Answers about Jurisdiction.

2. Protection Order. Check no and skip to 3 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, and fill in the

blanks.

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

want this and then check boxes and fill in blanks showing what you want. If you check Stay

away and then the first box underneath, a common distance to put is 500 feet. This is about

the length of a football field. If you check Prohibit weapons and order surrender, you

should also check the police chief or sheriff.

4. Requests. Check all boxes showing what you want.

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

attaching. Signed at: Put the city, state, and date you are signing. Then sign and print your

name.

If your mailing address changes, you must fill out and file a Notice of Change of Address form, FL All Family 120, available at courts.wa.gov/forms.

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

http://courts.wa.gov/forms



B. Parenting Plan – FL All Family 140

You need either a Parenting Plan or Residential Schedule if you want a custody order, or if

the other party has served you with a parenting plan or residential schedule and you

disagree with it. Generally, you should choose the form the other party has already filed.

(Example: Petitioner submitted a parenting plan form. You should too.) Do not use both.

We do not recommend you file for a Residential Schedule. It does not say who can make decisions for the children. A parenting plan does. If you must use a Residential Schedule or have a strong preference, you can get the form (FL Parentage 304) at www.courts.wa.gov/forms.

Before starting, make at least one extra copy of the parenting plan and keep it. You may need three or more versions of your parenting plan: one to file with your response, one to file when finalizing your case, and one if you have a motion for temporary family law orders or immediate restraining orders.

Read Petitioner’s proposed Parenting Plan. If you agree with parts of it, you can copy them onto your own parenting plan form. If there are parts you disagree with, put what you want instead on your own.

If you will ask for the same parenting plan with your Response and motion for temporary family law orders, make copies of the form after filling most of it out. Fill out the entire Parenting Plan except for section 1. Make several copies.

Read the instructions carefully. Take your time.

If you need hands-on help, your county superior court may have a family law facilitator

who can give more info or help filling out problem spots in the forms. Ask the clerk if your

county has one.

If you are filling this out as a proposed parenting plan (example: with your

petition, or as part of a motion for immediate restraining orders or temporary

orders), have it show what you want the judge to order.

If you are filling this out after the judge has made a decision (at a temporary

orders hearing or trial), have it show the judge’s actual decision, even if different

from what you asked for.

If you and the other party have reached an agreement, have it show the agreement.





1. “This Parenting Plan is a:” Check the first box if this is a proposed parenting plan.

Check the second if this is a court order. Then check the box immediately underneath

showing what kind of court order it is.

2. Children. List the names and ages of the children for whom you want a parenting plan.

3. Reasons for putting limitations on a parent. This is where you tell the Court if it ought

to restrict the other parent’s time with the children, and why.

3a. Check the first box and skip to 3b if the other parent or someone living with them has

not done anything listed here. Check the second box if the other parent or someone living

with them has done anything listed here. Then underneath check which apply. List the

parent’s name where needed.

3b. Check the first box and skip to section 4 if neither the other parent nor anyone living

with them has any of the listed issues. Check the second box if they do. Then underneath,

check which issues. List the parent’s name where needed.

If the judge agrees the issue exists (the other parent never responds or you prove the allegations after the other parent responds), it will likely order restrictions. Examples: the court may order supervised visits, or that the other parent cannot make any major decisions about the children.

Abusive Use of Conflict: Check this if the other parent has made derogatory comments to

the children about you or untrue accusation to others (example: makes repeated calls to

CPS on you for no reason). In 14 (Other), you may ask the court to restrain the other

parent from doing these things. In 4 (limitations on a parent),under Evaluation or

treatment required, you can ask the court to suspend visits if the other parent behaves

this way and order that they must complete a parenting skills class to get visits back.

Neglect. If you check this box, in section 14 (Other) you may ask the court to order

supervised visits for the other parent until they successfully completes a parenting skills

program and provide the court and you with written proof.

4. Limitations on a parent. Check the first box and skip to 5 if you checked the first boxes

in 3a and 3b.

Check the second box and skip to 5 if you checked problems or behaviors in 3a and/or 3b

BUT you do not believe the court needs to order limitations on the parent. In the blank,

explain why.



If this is a proposed parenting plan, you must convince the court the children will be safe when they are with the other parent. If you do not, the Court might not sign your parenting plan.

Check the third box if you checked problems or behaviors in 3a and/or 3b and you believe

these are harmful to the children, or the court found they are harmful. In the blank, put the

other parent’s name. Then check the boxes underneath that apply.

Supervised contact: Check this if you want the court to order supervised visits, or the court

ordered this. In the blank, put the other parent’s name.

Check the first box underneath if you want (or the court ordered) a professional

supervisor and put their name.

Otherwise, check the second box underneath. Put the supervisor’s name.

Check the third box if the schedule for supervised visits will be in sections 8 – 11.

Check the fourth box and fill in blanks if you can briefly list the schedule here. Make

sure the visit times in sections 8 - 11 are consistent with the supervision in this

paragraph. Example: If visits last all weekend, you may not be able to have someone

supervise.

Check other limitations or conditions if, for example, the supervisor must follow

any standard “supervised visitation order” your court uses and/or you want the

court to set conditions during visits such as the supervisor being there for the entire

visit and being required to stop any conduct that could harm the children.

The supervisor must be someone who can and will protect the children from harm. If you choose a relative or household member to supervise, the plan must include conditions for them to follow during visits.

The judge will not appoint someone who does not want to be a supervisor.

Evaluation or treatment required. Check this box and put the other parent’s name in the

blank if you want the court to order the other parent to be evaluated for and/or complete

any kind of state-approved and –certified treatment program before allowing unsupervised

or (or any) visits, or if the court ordered this.

Check the first box directly underneath if you want the court to order an evaluation

or the court ordered this. In the blank, put the type of evaluation. Examples:

drug/alcohol, sexual offender, domestic violence.



Check the second box directly underneath if you want the court to order the other

parent to start and complete treatment, or the court ordered this. Check the box

underneath showing the specifics.

Check the third box if you want the court to order the other parent to submit proof

of their evaluation and other records of treatment, or the court ordered this.

In the last blank, put what happens if the other parent does not follow this section of

the parenting plan. Examples: The other parent gets supervised visits only. The

other parent loses all visitation rights. The other parent’s visits stop immediately

until you can go back to court.

5. Decision-making.

a. Major Decisions. If both parents should decide together about a type of major decision,

check joint next to that type of decision. If only one parent should decide, check limited.

At other, put any major issues not listed elsewhere. Some examples: getting a driver’s

license, getting married before age 18, or enlisting in the military before age 18.

b. Reasons for limits on major decision–making.

Check the first box and skip to section 6 if you did not check any boxes in sections

3a or 3b.

Check the second box if you checked anything in 3a.

Check the third box if both parents are against joint decision-making OR one of the

boxes below that applies.

Check the second box if you think only one parent should have decision-making authority.

Check the box beside the appropriate parent. Check the appropriate box showing the

reason.

6. Dispute Resolution.

Skip this and go to 7 if you put limitations in 3a.

The parenting plan has three alternative dispute resolution processes. You must use the

option you check every time you and the other parent have a major difference regarding

the children that you cannot work out yourselves. The process may cost a lot. Still,

sometimes it is easier and cheaper than going back to court.



6a. Mediation: commonly used. You and the other parent meet with a mediator (a neutral

person who could be a lawyer, professional mediator, or mental health professional) to try

to work out things by agreement.

Arbitration: you and the other parent meet with an arbitrator (a neutral person

who is usually a lawyer or retired judge). The arbitrator will listen to you and make

a decision you must follow if you cannot reach an agreement.

Counseling: you and the other parent meet with a counselor to try to reach

agreement.

Court. Check this if you should not use the other options. Examples: you cannot

afford it; one parent has committed domestic violence against the other.

6b. If you chose mediation arbitration, or counseling, you must also choose how one parent

will notify the other that they want to use it. Under the parents will pay for the

mediation, check the box for how you will divide the cost.

You can divide the cost of dispute resolution 50-50 or some other percentage, based on your incomes as shown on the support worksheet, or let the mediator, counselor, or arbitrator help you decide.

7. Custodian. Put who the children will be living with more than half the time. Do not make

any other changes to this section.

If you and the other parent have agreed on joint custody, and you will each have the

children one-half the time, you can alternate by odd/even year. Talk to a lawyer about out

whether this is a good idea for you.

Parenting Time Schedule:

This section may be confusing. Talk with a lawyer or the facilitator. Read Divorce and Other Options for Ending Your Marriage.

Check the first box and skip to section 12 if the only contact the other parent will have with the children is in section 4. Otherwise, check the second box. Make sure the schedule you write is best for your children.

8. School Schedule.

8a. Children under School-Age:

Check the first box and skip to 8b if all your children are in school already.

http://www.washingtonlawhelp.org/resource/ending-your-marriage-or-domestic-partnership-1?ref=2pqHR

http://www.washingtonlawhelp.org/resource/ending-your-marriage-or-domestic-partnership-1?ref=2pqHR



Check the second box if the schedule will be the same as for school-age children.

Check the third box if the schedule for children under school-age will be different

than the one for school-age children.

“Every other week” is different from “first and third week.” There are sometimes five weeks in a month.

8b. School-Age Children: Fill this out even if none of your children is yet in school. Check

the boxes showing when you want this schedule to apply (or when the court ordered it to

apply).

The children are scheduled to live with: in the first blank, put who they will live with

most of the time. In the second, put the other parent’s name. Then check the boxes

underneath showing when they will live with the other parent.

“Every other week” is different from “first and third week.” There are sometimes five weeks in a month.

9. Summer Schedule.

In the first sentence, check the first box if you want “summer” to start and end according to

the school calendar, or the court ordered that. Check the second box if you want something

other than the school calendar, or the court ordered something different.

Check “the summer schedule is the same as” and skip to section 10 if that is what you want,

or what the court ordered.

Check the third box if the parents should each have uninterrupted vacation time with the

children. Fill in the blank.

Check “the summer schedule is different than” if that is what you want, or what the court

ordered. Check the box showing when you want the summer schedule to take effect. After

“During the summer the children are scheduled to live with,” in the first blank, put who

they will live with most of the time. In the second, put the other parent’s name. Then check

the boxes underneath showing when they will live with the other parent.

Check OTHER if you do not want to set specific dates. In the blank, you can put that one or

both parents notify each other by a certain date of the time they would like for that

summer. Example: “The children will live with the father during the summer except for

four weeks with the mother. The mother shall tell the father by May 15th which weeks she

wants.”



You can also put if the time will be all at once or split up. Example: “Four weeks, taken in

two, two-week sessions.”

10. Holiday Schedule. Check the first box and skip to section 11 if you will follow the

school schedule.

You do not need a special schedule for holidays if you do not want one.

Otherwise, check the second box. Then check the box showing which children the holiday

schedule applies to. Fill out the table showing what you want the holiday schedule to be, or

what the court ordered.

If you will alternate holidays by year, specify “odd” and “even” years.

If you will split a holiday each year (example: Christmas morning with one parent, Christmas afternoon and evening with the other), check “Every” for both parents. Fill out the split times for that holiday in the section below in the begin day/time and end day/time blanks.

Other occasion important to the family: You can use this for

Any special religious or cultural holidays not otherwise listed. Some listed holidays

may not be important in your family, particularly if you are not Christian. The form

does not list other important holidays.

A child’s birthday, a parent’s birthday, an annual family reunion, and so on.

11. Conflicts in Scheduling. This says what happens when parts of the Parenting Time

Schedule conflict, such as when mom’s Christmas Day falls on dad’s weekend. Check the

box showing what you want, or what the judge ordered. You can check other to create your

own priorities, or if the judge ordered something different.

12. Transportation. In the first paragraph, check the box showing where you will

exchange the children. Check other location for a neutral, public place, like a local fast food

restaurant or park. Do this if you know you parent will fight in front of the children or you

have reason to be scared the other parent will hurt you. You may put more safeguards to

protect your safety if you are at risk during exchanges.

In the second paragraph, check the box showing who is responsible for arranging

transportation.

Arrangements for the cost of transportation go in the Child Support Order.



Use the other section to put other conditions on transportation. Example: If the other

parent does not have a driver’s license, you can put that they must arrange for someone

with a license to transport the children.

13. Moving with the Children (Relocation). This section is about the laws that apply

when a parent wants to move with the children. Do not delete or change this section.

14. Other. Here are some suggestions for how to use this section:

Following Requirements of Other Court Orders: You may ask the court to order

the other parent to complete requirements already required by another court order

(such as a dependency order or an Order for Protection) before they can have time

(or unsupervised time) with the children. You may ask the court to order the other

parent to provide written proof of completion of the requirements. Example: You

have a Protection Order requiring the other parent to complete domestic violence

treatment. You could put “[Other parent] shall successfully complete all domestic

violence treatment required under the Order of Protection entered on [date] under

case number [protection order case number], and provide the court and all parties

written proof of such successful completion, before they may request residential

time with the children.”

Removal of Children from the State: You can put here that the other parent may

not remove the children from the State of Washington without your written consent.

Example: You already know the other parent will be taking the child to another

state for an annual family reunion. You would state that as an exception.

You can put here any other rules you would like in your parenting plan, such as giving or

denying access to school or medical records, being able to go to or get notice of school or

extra-curricular events (sports, church events, music recitals, and so on), or phone contact.

Here is some sample language:

Phone Calls - Each parent shall call the children at reasonable times when they are

with the other parent.

Activities Outside of School - Neither parent shall sign the children up for activities

that will interfere with the other parent's time, without the other parent’s

agreement.

Address and Phone of Parents - Both parents shall keep each other advised of their

current home address and phone number.

School and Activities - Both parents shall have the right to go to school, sports, and

other activities of the children.



15. Proposal. Check the first box and skip to 16 if you are writing this parenting plan as a

court order. Otherwise, check the second box. Parent requesting plan signs here: sign

and put the date and place you are signing. If the other parent agrees with your proposed

parenting plan, they should sign and date underneath.

16. Court Order. Check the first box if this is a proposed parenting plan. Check the second

box if this is a final order or a temporary parenting plan after a hearing. Leave the rest of

this section for the judge.

If this is a court order, the parties sign below: In the left-hand column, check is an

agreement of the parties if true and have the other parent check the same in the right-

hand column. Check is presented by me. You will sign in the space on the left-hand side

and put your name and the date under that. If the other parent agrees to your parenting

plan, they sign in the space on the right-hand side and put their name and the date under

that.

After filling out your Parenting Plan, read through it several times. Make sure you understand it and have filled everything in you want.

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

Fill out this form. File it with the court clerk. Keep a copy for yourself. Do not serve the

Confidential Information Form and Attachment on the other parties.

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

lawyers. Info in it could go to DCS (Division of Child Support) and other parts of DSHS

(Washington State Department of Social and Health Services). They may release info in this

form to another party. Another party could access 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 judge may enter orders against you without actual notice to you. RCW 26.23.055(2) & (3).

1. Put your name. Put the county where the case is filed and the case number.

2. Check yes if restraining order protection orders are in place. 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 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. 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 as

you can. Skip the second table. Use the Attachment to Confidential Information if

there is more than one respondent.

6. Children’s Information: Put as much of the info requested 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 you or Petitioner in the past five years. Check yes if the

children have lived with someone else in the past five years. Put the info requested.

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

have custody or visitation rights. Check yes if other people also have such rights. Put

as much the info requested as you know.

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

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

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

D. Notice of Appearance – FL All Family 118

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

It 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 a default order 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 a military dependent, 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).


1. Put your name.



2. Read this.

3. Put your mailing address. If you are afraid to give the other parties your home address, put

one where you will reliably and immediately learn about mail that arrives for you.

If the mailing address you use on the Notice of Appearance changes during this case, you must fill out and file a new Notice of Address Change, FL All Family 120.

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

Sign and date where it says.

E. Child Support Forms

Use these if one of you is asking the court to set child support:

Child Support Worksheets

Financial Declaration

Sealed Financial Source Documents form

You will also need proof of your income.

Use our Child Support Worksheets and Order packet.




Part 8. How to file forms with the court

A. Getting ready to file and serve

After filling out the forms, follow these steps to file them with the court.

You must know who must be served or is a party to the case. Usually, Petitioner is the

only other party. The caption should list other parties by name. If the children have ever

gotten public assistance (TANF) or Medicaid), or are in foster care or out-of-home

placement, you must serve the State of Washington. (Use Serving Papers on the State.) If

the judge has appointed a GAL, you must have them served too. If you are unsure if have

someone other than a parent, the State, or a GAL is a party, talk with a lawyer.

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 any Attachment and/or LEIS,3 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 your case has one.

________ one copy as working papers, if you have upcoming hearings and

local rules require you to give the judge “working papers” before a

hearing.

________: total. This is how many copies to make of each document (except

just make one copy, for yourself, of the Confidential Information

Form and any Attachment and LEIS. These forms are not served on

any other party).

3 The Confidential Information Sheet and Attachment are in our basic Responding packets. They are filed with your first court papers. You must update them when information in them, such as your address, changes. The LEIS is not 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=bRqkm



Organize Your Papers. Make a set of the papers for the court and for each party. Put all

originals into the set for the court. Put the copy of the Confidential Information Form and

any Attachment and LEIS (if you are using these) into your own set. Compare each set to

the checklists in this packet to be 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 copies to the superior court clerk’s office in the courthouse

where the case has been filed. Give the clerk the originals 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 them.

Ask the clerk to stamp the copies to show the date you filed the originals. Take the

conformed (stamped) copies back from the clerk. The clerk keeps the originals.

Part 9. How to serve forms

After 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 any Attachment

and 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 Petition

and other papers.

The court does not serve the other parties for you. You must arrange for service and make

sure your server delivers the papers properly.

You can have most papers served on the other party by mail or hand delivery. We explain

below. CR 5(b)(1)-(2). Carefully follow the rules about service.

After service is completed, file proof of service with the court, explained 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 hand 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

Notice of Address Change), serve them there. If a party has a lawyer, have the papers

delivered to the lawyer.

C. Service must be completed before your deadline.

Not all county courts allow you to do your own service. 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 the server fill

out the Proof of Mailing or Hand Delivery the same day. Your server should fill out a

separate form for each person they mail or deliver the papers to. You then file the original

Proof of Mailing or Hand Delivery form. Keep a conformed copy for your records.

Mailing: If your friend mails the papers, make sure they 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: a document

mailed on a Monday is considered served on Thursday. This is important when

setting up or responding to hearings. There are deadlines by which you must have

papers served. If the third day is on a weekend or holiday, the document is not

“served” until the next court day.

If a document is sent by regular 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.

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:

o handing it to the lawyer or party.

o leaving it at his office with their clerk or other person in charge of the office.4

4 DO NOT serve other parties at their offices, unless they have used that as their service address in a Notice of Appearance, Petition, Notice of Address Change, or Response form.



o 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).

o If the office is closed or the person has no office, leaving it at their home with

a competent adult living there.

1. Instructions for the Proof of Mailing or Hand Delivery – FL All Family 112

Make some blank copies of this. You may need to fill it out and file it several times. Use this

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 they served the papers. In the second,

they should put who they served. Then check boxes and fill out any blanks as needed to

show how they served the other party.

3. List all documents you served. Your server must check the box for every form they

sent or delivered to the other party. If they leave 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 their name in the places where it says.

2. Filing the Proof of Mailing or Hand delivery

Make one copy of each completed Proof of Mailing or Hand Delivery. Do not give

copies of this form to the other parties. If you mailed a copy of the forms by certified mail,

and have a certified mail receipt back from the post office, attach the 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 it later, attached to a page labeled with your case caption.



Part 10. If you agree with everything in the petition

If you agree with everything the Petition and in any related papers (examples: parenting

plan, child support worksheets) ask for, you may complete the Agreement to Join Petition

(Joinder) form in this packet.

You do not ever have to sign an Agreement to Join Petition.

If you disagree with any requests in the petition or any related paper, or you agree with all 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 form.

Signing the Agreement to Join Petition 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, we recommend you ask to see and read the

proposed final papers before the other party takes them to the judge. (The final papers

may include, for example, Final Order and Findings for a Parenting Plan, Residential

Schedule and/or Child Support, Parenting Plan, and/or Child Support Order.) If the

proposed final papers correctly show your agreement, sign them. That reduces the chance

of misunderstanding. You can be more confident the final papers accurately show your

agreement.

If you agree with everything the petition and every related paper asks for, and do not think

you need to sign the final orders before they are presented to the judge, fill out the

Agreement to Join Petition here. That can make it easier and quicker to finalize the case. It

also has risks. Talk with a lawyer (NOT THE OTHER PARTY’S LAWYER) before signing an

Agreement to Join Petition so you fully understand any legal rights you are giving up.

A. Agreement to Join Petition (Joinder) form - FL All Family 119 (if you decide to use it)


1. Put your name.

2. In the blank, put Petition for Parenting Plan, Residential Schedule, or Child Support.

Check the first box if you do not want notice of any future hearings or decisions. Check the



second if you want notice of hearings to finalize the case. Checking this box does not

mean the other party must get your signature on the final papers. You are just asking

them to send you notice. In the blank, put your address. If you do not give your home

address, use a reliable mailing address where you will immediately learn of papers arriving

for you. If you are sure you do not want notice before the court enters final orders, check

the first box.

Other: Put other info here.

Signature: Sign and date where it says.

B. How to file the Petition to Join Petition (Joinder) form (if you chose to sign it)

If you signed the Agreement to Join Petition, 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 Petition to

Join Petition form to the other parties. Keep a copy for yourself.

Part 11. If you are in the military or the dependent of someone in the military

If you are on active duty5 in the U.S. Armed Forces, or the dependent (usually the spouse or

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

Reservist, or someone receiving over half their support from that service member6) of

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

These can include protection against being defaulted in some circumstances, and the right to

ask for a stay (delay) of a court case if active duty limits your ability to take part in the case.

5 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. 6 RCW 38.42.010.

http://www.access.gpo.gov/uscode/title50a/title50a.html





Before doing anything else in this case, contact a lawyer or your JAG (Judge Advocate

General) right away to find out 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. You may also need to consult a Washington lawyer about your

family law issues.

Use the Waiver of Rights under the Service Members Civil Relief Act form to give up the rights

under these laws. Instructions are below, if you decide to use this form.

Use the Notice re Military Dependent if you qualify under the law as a military dependent to

notify the court and Petitioner that you are the dependent. Instructions for it are below.

A. Waiver of Rights under Service Member’s Civil Relief Act form

You do not have to fill this out. If you are concerned you will not be able to take part in the

case because of military duties, or you are thinking about signing the waiver form, see a

lawyer or the JAG office. If you sign this, you are giving up protections under this law.

1. Instructions for filling 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, put the date you were served with the Summons and Petition,

and the service member’s name, rank, serial number and unit. You must sign in front of a

notary public.

Often, your local bank has a notary. If you have an account there, the bank will sometimes provide the notary service free.

2. File the Waiver form.

If you sign this, give it to the other party 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

If you have not yet appeared in the case, and

you get a form called Notice re Military Dependent , and

you are a qualified military dependent (see definition in the Notice to Military

Dependent) and



the service member is a member of 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 the court and Petitioner to know about your status to keep them from

assuming you are not a military dependent, then

you may file and serve a Notice of Military Dependent form.

You must notify the court and other party of your dependent status within twenty days of getting the Notice re Military Dependent. If you do not, the judge may enter an order of default against you.

If you are a military dependent, talk to a lawyer about

if you are entitled to the protections of the law concerning military service members’

dependents.

if so, if you should file a Notice of Appearance and a Response to the Petition and

other documents in this packet.

You can use the form here or create your to give notice.

1. How to fill out the form

Caption. Fill out the Caption.

Check the box that explains why you are a dependent of a service member.

Put the name of the service member you are the dependent of. Put the other info the form

requires.

Signature. Date the form. Sign where it says. Print or type your name on the line below it.

Show the place signed. (Example: Yakima, Washington.)

Service Address. Put your mailing address. If you are afraid to give your address, use one

where you will reliably, immediately learn about mail that arrives for you.

2. File and serve the form

File your original with the clerk. Keep a conformed copy for your records. Serve the other

the other parties with a copy. You must file and serve notice of your military dependent

status within 20 days after you receive the Notice re Military Dependent. Complete and file a

Proof of Mailing or Hand Delivery. (See the general instructions for the Proof of Mailing or

Hand Delivery.)



Part 12. If you and another party do not agree, get ready for trial

If

you file a Response contesting the petition AND

the judge does not dismiss the case for another reason AND

you reach no agreement about final orders, THEN

both Petitioner(s) and Respondent(s) must get ready for trial.

You must follow court rules about trial preparation. Some counties have a case schedule or

other notice that explains some of what you must do to get ready for trial. Ask the facilitator

about those deadlines.

If you do not have a case schedule, do not wait until the last minute to get ready for trial.

Start weeks, if not months, in advance. Find out how your trial is scheduled. Sometimes a

case schedule or the court announces the trial date. Sometimes you must ask for a trial date.

If there is a GAL or other custody evaluator in your case, you should receive a report from them before the trial.

At trial, each party has the chance to tell the judge why they should rule in that party’s favor.

Each party must present the judge with evidence (examples: admissible documents or

testimony) to help prove that party’s claims.

We do not have a packet about getting ready for trial. Subpoenaing Witnesses and

Documents, and Getting Ready for a Court Hearing or Trial may help. Try to talk to a lawyer.

At the end of your trial, the judge will announce a decision and the reasons for it. The case is

not final until the judge signs final papers: Final Order and Findings for a Parenting Plan,

Residential Schedule and/or Child Support and in most cases, a Parenting plan or Residential

Schedule. You may also need other papers (examples: a Child Support Order and

Worksheets).

The judge will usually ask a party or their lawyer to prepare the final papers for the judge’s

approval. Those papers will be presented to the judge at a “presentation” hearing. The judge

at the end of the trial might tell the parties the date of the presentation hearing. If not, the

person who prepares the final papers must give the other parties notice of the hearing time

and place. The person preparing the paper must provide the other parties copies of the



http://www.washingtonlawhelp.org/resource/basic-tips-on-how-to-prepare-for-a-court-hear?ref=moEqe



papers they want the judge to sign. Those proposed final papers should say exactly what the

judge ordered.

If another party asks you to sign final papers they have prepared after trial, read each paper carefully. Make sure it accurately states what the judge decided at trial. If you believe any paper does not show the judge’s decision correctly, or if you are not sure, you should insist the other party set a “presentation” hearing and give you notice of that hearing. At the presentation hearing, you must explain why you believe the language in the final papers does not show the judge’s decision. You may have to prepare your own proposed final papers.

Part 13. Checklists of forms and documents

You may use these lists as checklists when you prepare your responses. You will need other

papers at the end of your case.

List A: You need these forms to respond to the petition:

Notice of Appearance (in this packet)

Response (in this packet)

Confidential Information Form & Attachment (in this packet) (do not serve this

form on the other parties.)

Proposed Parenting Plan (in this packet)

This packet only explains parenting plans. We do not recommend you file for a Residential Schedule. It does not say who can make decisions for the children. A parenting plan does.

List B: You will need these forms to respond to the petition if a party has court order of child

support: (in the packet Child Support Worksheets and Order)

Child Support Worksheets

Financial Declaration

Sealed Financial Source Documents Coversheet with required proof of income

attached




Last 2-3 years of income tax returns (or W2s, 1099s or other proof of yearly

income if you have not filed yet)

Paystubs for the most recent month (or more – see local court rules)

If you do not have paystubs, other proof of your income (statement showing

the amount of benefits you receive, business records & expense records,

and so on)

Local court rules may require other financial documents, such as bank

statements

Proof of child-related expenses, if you are asking that they be included in

calculating support (for example, daycare payments, health insurance

premiums, uninsured medical, and so on)

List C: You will need these if a party requests financial relief such as attorney fees or

payment of a Guardian ad Litem fee:

Financial Declaration (in the packet Child Support Worksheets and Order)

Sealed Financial Source Documents Coversheet with Required proof of income

Proof of the expenses you claim (example: bills from your lawyer)

List D: If you are requesting a domestic violence protection order as part of your case, you

need the Petition for Order for Protection, available from the court clerk, or go to a domestic

violence advocacy program for help – call the National Domestic Violence Hotline at

1.800.799.7233 for more information.

List E: Use this form to prove service on the other parties of your Response and other

papers:

Proof of Mailing or Hand Delivery

List F: If you file any confidential reports, financial records, or health care records during

your case, you will need one or more of these:

Sealed Personal Health Care Records (Cover Sheet)

Sealed Confidential Report (Cover Sheet)

Sealed Financial Source Documents (Cover Sheet)

See the Section called “What Else Will I Need that is not this Packet” for the packets that

have these forms.




List G: If you are a military service member or the dependent of a service member, you MAY

also need these:

Waiver of Rights under the Service Members’ Civil Relief Act

Notice of Military Dependent

List H: If you file or respond to motions for temporary family law orders or immediate

restraining orders, you will need forms from our packets on these motions. The Section

called “What Else Will I Need that is not in this Packet” has a list of packets.

List I: If your case goes to trial, you may need other papers not covered here. At the end of

trial, use forms in Finalize a Petition for a Parenting Plan, Residential Schedule and/or Child

Support: Parentage Cases, Make a Parenting Plan and Child Support Worksheets and Order

to show the judge’s decision.

List J: If you and the other party reach an agreement about settling the case, see the lists of

final papers in Finalize a Petition for a Parenting Plan, Residential Schedule and/or Child

Support: Parentage Cases.

Part 14. Words and expressions you should know

You may not need every definition in this section.

Acknowledgment of Paternity: See Paternity Affidavit.

Appearance: Informing the court and parties of your whereabouts and your desire to take

part in a case. You can do this in-person at a hearing or in writing. Most people file and serve

a Notice of Appearance. Certain informal actions, such as negotiating, phoning about the

case, or writing a letter, might also count as an appearance.

Attachment: a document stapled to a court form and referred to in the form. Attachments

should follow format rules for court forms. (The General Instructions section of this packet

has basic info about format rules.)

Bailiff: Member of the judge’s staff in charge of courtroom procedure and security. Can be

the same person as the clerk.

Calendar: The court’s schedule of cases it will be hearing. Also called a Docket.



http://www.washingtonlawhelp.org/resource/parenting-plans-and-child-support-for-dissolu?ref=lu5LY






Caption: The heading of each legal document. It has the names of the court and parties, case

number, name of the document itself, and, sometimes, type of case.

Case Schedule: A printed schedule some courts issue. It shows major dates and deadlines in

your case.

Certified Copy: A copy of a document from the court file made by the court clerk that has an

official stamp on it stating it is a true copy. Usually, you pay for a certified copy.

Clerk of the Court: Officer of the court handling clerical matters like keeping records,

entering judgments and providing certified copies. Each courthouse has a Superior Court

Clerk’s Office. Someone from the clerk’s office staff is also usually in the courtroom during

hearings.

Commissioner/Court Commissioner: Like a judge, but only makes decisions relating to a

specific subject matter. Many counties have family law commissioners who decide only

family law cases. In this packet, we just use “judge.”

Confirm a Hearing or Trial: Notifying the court that you still plan to have the hearing or trial

scheduled in your case. How to confirm varies by county. Not all counties require it. You

may have to call the court a few days before the hearing or trial. Local rules explain each

county’s requirements. If notice is required and not given, the clerk may cancel the hearing

or trial.

Conformed Copy: A copy of any court document filed with the clerk. Must be stamped with

the date filed. If it is an order, it must also have the name of the judge who signed it written

or stamped on it.

Contested Case: A case where opposing parties take part and disagree about the outcome of

the case.

Continuance: Delaying your court hearing to a later date. In your county, the judge might

have to approve any request for a continuance.

Custodian (also Custodial Parent): The person the children live with most of the time.

DCS: Division of Child Support: The state office (part of DSHS) that establishes, enforces, and

sometimes changes child support obligations in many cases.

Declaration: A written statement made to the court under oath.

Default: The failure to respond to court papers within the legal deadline.

Default Order: An order that a petitioner can request if one of these is true:



Respondent does not file a Response before the deadline

if they have appeared in the case, if they do not file a Response after being served with

a Motion for Default

Dispute Resolution: the part of the parenting plan stating how you will try to resolve

disagreements about the parenting plan (examples: mediation, counseling, court action). A

Residential Schedule form usually has no dispute resolution provision.

Docket: the court’s schedule of cases it will hear on a particular day.

Ex Parte: Going before the court without notifying the other party, or giving very little notice.

Can also refer to the courtroom where you see a judge without notifying the other party.

Exhibit: Documents, records, and photos introduced into evidence at trial or hearing.

Attachments to legal forms that are exhibits should follow format rules for court forms. (See

the General Instructions section of this packet for basic info about format rules.)

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, you must serve the GAL with any papers filed. The GAL may be a party. The GAL’s

signature may be required on court orders.

Hearing: Going before a judge to request a court order or to defend against another party’s

request. Hearings usually take place before the trial date and concern specific issues

(example: temporary relief). Hearings on important issues (example: motions to dismiss)

may end the case. The court may not allow live witness testimony at hearings. Instead, you

might have to file and serve materials in advance in writing.

Immediate Restraining Order: An order the judge signs if an emergency requires protection

before the court can hold a temporary hearing.

Jurisdiction: The court’s authority to make decisions regarding certain people and issues. A

court that does not have jurisdiction has no authority to make orders over the person or

subject affected.

LEIS: Law Enforcement Information Sheet.

Mediation: A meeting between parties to a case and a neutral third party (examples: a

mental health professional, judge, retired judge, or lawyer not involved in the case), where

you try to reach agreement, about the issues.

Motion: A formal request to the court for an order, usually about a specific issue.



Motion Docket: The court’s schedule of motions it will hear.

Noncustodial parent: The parent the child does not live with most of the time.

Note/Notice of Hearing/Note for Motion Docket: A form letting the clerk know to schedule a

hearing and telling the other parties the hearing reason, time and place.

Notice of Appearance: A paper you file with the court and serve on the other parties showing

you want to take part in the case, and saying where to send you papers in the case.

Order: A court document signed by a judge requiring someone to do (or not do) something.

Examples: restraining orders, orders on adequate cause, parenting plans or Findings and

Conclusions. If you disobey an order of the court, the judge may hold you in contempt. An

order is not in effect until a judge has signed it. Check if an order you are served with is

only a proposed order. (See “proposed order” definition.)

Other party: Every party to the case, besides you. In court forms, the “other party” can also

mean one particular party. Example: when the Motion for Default says “other party,” it

means the party you believe is in default.

Parentage: The legal name for the legal relationship between an unmarried parent and their

child. Also the name of the type of court case.

Parentage Acknowledgment: a form signed by the woman who gave birth to the child and

another person who wants to establish their own parentage of the child. The person wanting

to establish parentage does not have to be a man. To take effect, a parentage

acknowledgment must also be notarized or witnessed and filed with the Department of Vital

Statistics. Paternity Affidavits and Acknowledgments of Paternity are types of Parentage

Acknowledgment.

Parentage Case: A court case to decide parentage of a child of unmarried parents.

Parenting Plan: A proposal or, if signed by a judge, a court order stating when the child will

be with each party, who will make major decisions about the child, and how future disputes

about the child will be resolved. In parentage cases, the parties may ask the court for either a

parenting plan or a residential schedule. (The residential schedule form has no dispute

resolution or decision-making parts. A parenting plan form does.)

This packet only discusses parenting plans. We do not recommend you file for a Residential Schedule. It does not say who can make decisions for the children. A parenting plan does.

Party: A Petitioner or Respondent. GALs and the State of Washington may also be parties.



Paternity Affidavit or Paternity Acknowledgment: Starting in 2019, we now call this an

Acknowledgment of Parentage. Before 2019, unmarried parents could only use this form to

state the identity of a child’s father. Starting in 2019, unmarried parents can now use this

form to state the identity of a father or mother.

Petition: The document that starts a case and asks the court for a final order. (Parentage

cases filed by the State of Washington are often filed as “the State of Washington on behalf

of” the child.)

Petitioner: The person who files a legal case. Petitioner in the caption of a form does not

change, even when the other party later files motions.

Pro Se: Acting without a lawyer; representing yourself in court.

Proposed Order: A document one party will ask the judge to sign. Many counties require the

parties to file and serve proposed orders with motions or responses to motions, to show how

you want the court to decide the motion. Even if your county does not require it, you should

still prepare, serve, and deliver working copies to the court. A proposed order becomes an

order if the judge signs it.

Respondent: The person against whom a legal case was originally filed.

Response: A formal written answer to a Petition filed with the court. The term can also

describe the papers you file in response to a motion. It can be confusing. Here, “Response”

with a capital “R” refers to the Response form. We say “response” with a small “r” for all

types of responses, including, for example, responses to motions as well as to petitions.

Restraining Order: A court order to keep a party from doing something that may harm the

other party or child.

Ruling: A decision by the court.

Service: Giving court papers to the other party. The law defines how to serve. When a

petitioner files a case, they must arrange for the Summons, Petition, and other papers to be

properly hand-delivered or, in some cases, 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 regular mail, with enough advance notice.

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 final. It

is only in effect while the case is going on. Temporary orders can end at a fixed time, even

before the case ends.



Time to Respond (or deadline to respond): The length of time you have to respond to

something filed by another party. The time to file a Response to a Summons is 20 to 90 days

after service, depending upon type and location of service. The time to respond to motions is

usually much shorter.

Transfer Payment: the amount of child support the court orders a parent to pay.

Trial: The hearing where the judge listens to live testimony from parties and witnesses,

considers evidence properly introduced, hears argument, and decides the outcome of the

case.

Venue: the County where the case should be filed. Proper venue depends on the type of case.

Waiver: Asking to be excused from something. When you file a motion for a fee waiver, you

are asking the court for permission not to have to pay the fee.

Working papers/working copies: Local court rules may require you to deliver an extra copy of all of papers (including proposed orders) for your hearing for the judge to read. We call this set of copies Working Papers. To learn the rules for working papers and confirming the hearing in your county, read local court rules, and ask the facilitator or clerk. Read What are Working Copies.

Part 15. Blank Forms

The rest of this packet has blank forms for your use. Make a copy of each form so that you

have an extra in case your first draft needs lots of changes. You may need forms from other

packets. You may not need all the forms in this packet.

The Washington Administrative Office of the Courts also has Microsoft Word and PDF

versions of many of these forms available on their web site at www.courts.wa.gov/forms.

https://www.washingtonlawhelp.org/resource/what-are-working-copies?ref=3LsN2

https://www.washingtonlawhelp.org/resource/what-are-working-copies?ref=3LsN2


RCW 26.26B.020(7)(b) (07/2019) FL Parentage 332

Response to Petition for a Parenting Plan and/or Child Support

p. 1 of 5

Superior Court of Washington, County of _______________

In re parenting and support of:

Children:


And Respondent (other parent):

No.

Response to Petition for a Parenting Plan, Residential Schedule and/or Child Support

(RSP)

Response to Petition for a Parenting Plan,

Residential Schedule and/or Child Support

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. My name is… (no response needed)

2. Children [ ] I agree [ ] I disagree [ ] I don’t know

3. Whether parentage was established by

court order

[ ] I agree [ ] I disagree [ ] I don't know

4. Whether parentage was established by

Acknowledgment of Parentage




p. 2 of 5

Section in the Petition Your response (check one)

5. Whether an Acknowledgment of

Parentage was filed in Washington state


6. Jurisdiction over parents


7. Children’s Home/s [ ] I agree [ ] I disagree [ ] I don't know

8. Other people with a legal right to spend

time with a child


9. Other court cases involving a child [ ] I agree [ ] I disagree [ ] I don't know

10. Jurisdiction over children [ ] I agree [ ] I disagree [ ] I don't know

11. Parenting Plan or Residential Schedule [ ] I agree [ ] I disagree [ ] I don't know

12. Child Support [ ] I agree [ ] I disagree [ ] I don't know

13. Protection Order [ ] I agree [ ] I disagree [ ] I don't know

14. Restraining Order [ ] I agree [ ] I disagree [ ] I don't know

15. Fees and Costs [ ] I agree [ ] I disagree [ ] I don't know

16. Other orders [ ] I agree [ ] I disagree [ ] I don't know

If you checked “I disagree” for any of the sections, list your reasons here:

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. Protection Order

Do you want the court to issue an Order for Protection as part of the final orders in this case?

[ ] No. I do not want an Order for Protection

[ ] Yes. (You must file a Petition for Order for Protection, form DV-1.015 for domestic violence, or form UHST-02.0200 for harassment. You may file your Petition for Order for Protection using the same case number assigned to this case.)

Important! If you need protection now, ask the court clerk about getting a Temporary Order for Protection.

[ ] There already is an Order for Protection between the other parent and me. (Describe below. Attach a copy if you have one.):

Court that issued the order:

Case number:

Expiration date:

3. Restraining Order

Do you want the court to issue a Restraining Order as part of the final orders in this case?

[ ] No. (Skip to 4.)

[ ] Yes. Check the type of orders you want:

[ ] Do not disturb – Order the Petitioner not to disturb my peace or the peace of any child listed in the Petition.

[ ] Stay away – Order the Petitioner not to go onto the grounds of or enter my home, workplace or school, and the daycare or school of any child listed in the 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 the Petitioner:

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.



p. 4 of 5

[ ] Prohibit weapons and order surrender – Order the Petitioner:

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 orders:

Important! If you want a restraining order now, you must file a Motion for Temporary Family Law Order and Restraining Order (FL Parentage 323) or a Motion for Immediate Restraining Order (Ex Parte) (FL Parentage 321).

4. Requests

I ask the court to (check all that apply):

[ ] Deny the Petition for a Parenting Plan, Residential Schedule, and/or Child Support.

[ ] Approve my proposed Parenting Plan (form FL All Family 140) or Residential Schedule (form FL Parentage 304). My proposed plan or schedule (check one): [ ] is attached. [ ] will be filed and served at a later date.

Important! If a court order has already named one parent as the custodian and your proposed plan or schedule would change the custodian, then you must also file a Petition to Change a Parenting Plan, Residential Schedule or Custody Order form FL Modify 601 and related forms.

[ ] Order child support, including medical support, according to state law.

[ ] Order the Petitioner to pay past child support, medical support, and other expenses for the children.

[ ] Order payment of lawyer fees, guardian ad litem fees, court costs, and other reasonable costs.

[ ] Approve an Order for Protection or Restraining Order as requested above.

[ ] Put this Petition on hold until parentage is decided because I disagree with section 4

of the Petition and want to challenge the Acknowledgment of Parentage.

Important! If you check this box, you must file a Petition to Decide Parentage (form FL Parentage 301) and related forms.

[ ] Put this Petition on hold (children’s names):

were born as a result of a sexual assault by (name): against me.

Important! You must file a Petition to Decide Parentage form FL Parentage 301 and file and serve the Sexual Assault Allegation (FL Parentage 365) together with this Response.

[ ] Other (specify):



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 of): 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 (list an address where you agree to accept legal papers from other parties for this case; this does not have to be your home address):

street address or PO box city state zip

Note: You and the other party/ies may agree to accept legal papers by email under Civil Rule 5 and local court rules.

(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


3. M F


4. M F


5. M F


6. M F


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


8. M F


Mandatory Form (05/2016) FL All Family 118

Notice of Appearance (for a party without a lawyer)

p. 1 of 1



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.

CR 5(b) Optional Form (05/2016) FL All Family 112


p. 1 of 2



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)

fax to (number): (only if allowed by agreement, order, or your county’s Local Court Rule)

Hand delivery at (time): a.m. p.m. to this address:

CR 5(b) Optional Form (05/2016) FL All Family 112


p. 2 of 2

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 26.09.016, .181, .187, .194 Mandatory Form (07/2019) FL All Family 140

Parenting Plan

p. 1 of 14


In re:

Petitioner/s (person/s who started this case):

And Respondent/s (other party/parties):

No.

Parenting Plan

(PPP / PPT / PP)

[x] Clerk’s action required: 1

Parenting Plan

1. This parenting plan is a (check one):

[ ] Proposal (request) by a parent (name/s): . It is not a signed court order. (PPP)

[ ] Court order signed by a judge or commissioner. This is a (check one):

[ ] Temporary order. (PPT)

[ ] Final order. (PP)

[ ] This final parenting plan changes the last final parenting plan.

2. Children – This parenting plan is for the following children:

Child’s name Age Child’s name Age

1. 4.

2. 5.

3. 6.

3. Reasons for putting limitations on a parent (under RCW 26.09.191)

a. Abandonment, neglect, child abuse, domestic violence, assault, or sex offense.

(If a parent has any of these problems, the court must limit that parent’s contact with

the children, the right to make decisions for the children, and may not require dispute resolution other than court.)

[ ] Neither parent has any of these problems. (Skip to 3.b.)


Parenting Plan

p. 2 of 14

[ ] A parent has one or more of these problems as follows (check all that apply):

[ ] Abandonment – (Parent’s name): intentionally

abandoned a child listed in 2 for an extended time.

[ ] Neglect – (Parent’s name): substantially

refused to perform his/her parenting duties for a child listed in 2.

[ ] Child Abuse – (Parent’s name): (or someone living in that parent’s home) abused or threatened to abuse a child. The abuse was (check all that apply): [ ] physical [ ] sexual [ ] repeated emotional abuse.

[ ] Domestic Violence – (Parent’s name): (or someone living in that parent’s home) has a history of domestic violence as defined in RCW 26.50.010.

[ ] Assault – (Parent’s name): (or someone living in that parent’s home) has assaulted or sexually assaulted someone causing grievous physical harm, causing fear of such harm, or resulting in a pregnancy.

[ ] Sex Offense –

[ ] (Parent’s name): has been convicted of a sex offense as an adult.

[ ] Someone living in (parent’s name): ’s home has been convicted as an adult or adjudicated as a juvenile of a sex offense.

b. Other problems that may harm the children’s best interests. (If a parent has any of

these problems, the court may limit that parent’s contact with the children and right to

make decisions for the children.)

[ ] Neither parent has any of these problems. (Skip to 4.)

[ ] A parent has one or more of these problems as follows (check all that apply):

[ ] Neglect – (Parent’s name): neglected

his/her parental duties towards a child listed in 2.

[ ] Emotional or physical problem – (Parent’s name): has a long-term emotional or physical problem that gets in the way of his/her ability to parent.

[ ] Substance Abuse – (Parent’s name): has a long-term problem with drugs, alcohol, or other substances that gets in the way of his/her ability to parent.

[ ] Lack of emotional ties – (Parent’s name):

has few or no emotional ties with a child listed in 2.

[ ] Abusive use of conflict – (Parent’s name): uses conflict in a way that endangers or damages the psychological

development of a child listed in 2.

[ ] Withholding the child – (Parent’s name):

has kept the other parent away from a child listed in 2 for a long time, without a

good reason.



Parenting Plan

p. 3 of 14

4. Limitations on a parent

[ ] Does not apply. There are no reasons for limitations checked in 3.a. or 3.b. above.

(Skip to 5.)

[ ] No limitations despite reasons (explain why there are no limitations on a parent even

though there are reasons for limitations checked in 3a. or 3.b. above):

[ ] The following limits or conditions apply to (parent’s name): (check all that apply):

[ ] No contact with the children.

[ ] Limited contact as shown in the Parenting Time Schedule (sections 8 – 11) below.

[ ] Limited contact as follows (specify schedule, list all contact here instead of in a

Parenting Time Schedule, skip sections 8 – 11):

[ ] Supervised contact. All parenting time shall be supervised. Any costs of supervision must be paid by (name):

The supervisor shall be:

[ ] a professional supervisor (name):

[ ] a non-professional supervisor (name):

The dates and times of supervised contact will be:

[ ] as shown in the Parenting Time Schedule (sections 8 – 11) below.

[ ] as follows (specify):

(Specific rules for supervision, if any):

[ ] Other limitations or conditions during parenting time (specify):

[ ] Evaluation or treatment required. (Name): must:

[ ] be evaluated for: .

[ ] start (or continue) and comply with treatment:

[ ] as recommended by the evaluation.

[ ] as follows (specify kind of treatment and any other details):

[ ] provide a copy of the evaluation and compliance reports (specify details):


Parenting Plan

p. 4 of 14

If this parent does not follow the evaluation or treatment requirements above, then

(what happens):

5. Decision-making

When the children are with you, you are responsible for them. You can make day-to-day decisions for the children when they are with you, including decisions about safety and emergency health care. Major decisions must be made as follows

a. Who can make major decisions about the children?

Type of Major Decision Joint (parents make these decisions together)

Limited (only the parent named below has authority to make these decisions)

School / Educational [ ] [ ] (Name):

Health care (not emergency)

[ ] [ ] (Name):

Other: [ ] [ ] (Name):



b. Reasons for limits on major decision-making, if any:

[ ] There are no reasons to limit major decision-making.

[ ] Major decision-making must be limited because one of the parents has problems

as described in 3.a. above.

[ ] Major decision-making should be limited because (check all that apply):

[ ] Both parents are against shared decision-making.

[ ] One of the parents does not want to share decision-making and this is reasonable because of:

[ ] problems as described in 3.b. above.

[ ] the history of each parent’s participation in decision-making.

[ ] the parents’ ability and desire to cooperate with each other in decision-making.

[ ] the distance between the parents’ homes makes it hard to make timely decisions together.

6. Dispute Resolution – If you and the other parent disagree:

From time to time, the parents may have disagreements about shared decisions or about what parts of this parenting plan mean. To solve disagreements about this parenting plan, the parents will go to a dispute resolution provider or court. The court may only require a

dispute resolution provider if there are no limitations in 3a.

a. The parents will go to (check one):

[ ] The dispute resolution provider below (before they may go to court):


Parenting Plan

p. 5 of 14

[ ] Mediation (mediator or agency name):

If there are domestic violence issues, you may only use mediation if the victim asks for mediation, mediation is a good fit for the situation, and the victim can bring a support person to mediation.

[ ] Arbitration (arbitrator or agency name):

[ ] Counseling (counselor or agency name):

If a dispute resolution provider is not named above, or if the named provider is no longer available, the parents may agree on a provider or ask the court to name one.

Important! Unless there is an emergency, the parents must participate in the dispute resolution process listed above in good faith, before going to court. This section does not apply to disagreements about money or support.

[ ] Court (without having to go to mediation, arbitration, or counseling).

(If you check this box, skip to section 7 below, do not fill out 6.b.)

b. If mediation, arbitration, or counseling is required, one parent must notify the other parent by (check one): [ ] certified mail [ ] other (specify):

The parents will pay for the mediation, arbitration, or counseling services as follows (check one):

[ ] (Name): will pay %,

(Name): will pay %.

[ ] based on each parents’ Proportional Share of Income (percentage) from line 6 of the Child Support Worksheet.

[ ] as decided through the dispute resolution process.

What to expect in the dispute resolution process:

Preference shall be given to carrying out the parenting plan.

If you reach an agreement, it must be put into writing, signed, and both parents must

get a copy.

If the court finds that you have used or frustrated the dispute resolution process

without a good reason, the court can order you to pay financial sanctions (penalties)

including the other parent’s legal fees.

You may go back to court if the dispute resolution process doesn’t solve the

disagreement or if you disagree with the arbitrator’s decision.

7. Custodian

The custodian is (name): solely for the purpose of all state and federal statutes which require a designation or determination of custody. Even though one parent is called the custodian, this does not change the parenting rights and responsibilities described in this plan.

(Washington law generally refers to parenting time and decision-making, rather than custody. However, some state and federal laws require that one person be named the custodian. The custodian is the person with whom the children are scheduled to reside a majority of their time.)


Parenting Plan

p. 6 of 14

Parenting Time Schedule (Residential Provisions)

Check one:

[ ] Skip the parenting time schedule in sections 8 - 11 if one parent has no contact with the

children other than what is described in section 4 – Limitations.

The children live with (name): except as described in section 4.

[ ] Complete the parenting time schedule in sections 8 - 11.

8. School Schedule

a. Children under School-Age

[ ] Does not apply. All children are school-age.

[ ] The schedule for children under school-age is the same as for school-age children.

[ ] Children under school-age are scheduled to live with (name): , except when they are scheduled to live with (name): on (check all that apply):

[ ] WEEKENDS: [ ] every week [ ] every other week [ ] other (specify):

from (day) at : .m. to (day) at : .m.


[ ] WEEKDAYS: [ ] every week [ ] every other week [ ] other (specify):



[ ] OTHER (specify):


b. School-Age Children

This schedule will apply (check one):

[ ] immediately.

[ ] when the youngest child enters (check one): [ ] Kindergarten [ ] 1st grade

[ ] when the oldest child enters (check one): [ ] Kindergarten [ ] 1st grade

[ ] Other:

The children are scheduled to live with (name): , except when they are scheduled to live with (name): on (check all that apply):




Parenting Plan

p. 7 of 14







9. Summer Schedule

Summer begins and ends [ ] according to the school calendar. [ ] as follows:

.

[ ] The Summer Schedule is the same as the School Schedule. (Skip to 10.)

[ ] The Summer Schedule is the same as the School Schedule except that each parent shall spend weeks of uninterrupted vacation time with the children each summer. The parents shall confirm their vacation schedules in writing by the end of

(date) each year. (Skip to 10.)

[ ] The Summer Schedule is different than the School Schedule. The Summer Schedule will begin the summer before: (check one): [ ] the youngest child [ ] the oldest child [ ] each child begins (check one): [ ] Kindergarten [ ] 1st grade [ ] Other:

During the summer the children are scheduled to live with (name): , except when they are scheduled to live with (name): on (check all that apply):









Parenting Plan

p. 8 of 14

10. Holiday Schedule (includes school breaks)

[ ] The Holiday Schedule is the same as the School and Summer Schedules above for all

holidays and school breaks. (Skip to 11.)

[ ] This is the Holiday Schedule for [ ] all children [ ] school-age children only: (Put one parent’s name in each column and fill out when the children will be with that parent for holidays and school breaks.)

Holiday Children with (name): Children with (name):

Martin Luther

King Jr. Day

[ ] Odd Years [ ] Even Years [ ] Every Yr. [ ] Odd Years [ ] Even Years [ ] Every Yr.

Begin day/time: Begin day/time:

End day/time: End day/time:

[ ] With the parent who has the children for the attached weekend

[ ] Other plan:

Presidents’

Day





[ ] Other plan:

Mid-winter

Break




[ ] Each parent has the children for the half of break attached to his/her weekend. The children must be exchanged on Wednesday at (time): .

[ ] Other plan:

Spring Break




[ ] Each parent has the children for the half of break attached to his/her weekend. The children must be exchanged on Wednesday at (time): .

[ ] Other plan:

Mother’s Day




[ ] Other plan:


Parenting Plan

p. 9 of 14


Memorial

Day





[ ] Other plan:

Father’s Day




[ ] Other plan:

Fourth of

July




[ ] Follow the Summer Schedule in section 9.

[ ] Other plan:

Labor Day





[ ] Other plan:

Thanksgiving

Day / Break




[ ] Other plan:

Winter Break




[ ] Other plan:


Parenting Plan

p. 10 of 14


Christmas

Eve




[ ] Follow the Winter Break schedule above.

[ ] Other plan:

Christmas

Day





[ ] Other plan:

New Year’s

Eve / New

Year’s Day

(odd/even is based on New Year’s Eve)





[ ] Other plan:

Children’s

Birthdays




[ ] Other plan:

All three-day

weekends

not listed

elsewhere

(Federal holidays, school in-service days, etc.)

[ ] The children shall spend any unspecified holiday or non-school day with the parent who

has them for the attached weekend.

[ ] Other plan:

Other

occasion

important to

the family:

_________




[ ] Other plan:

Other occasion important to the family:

_________




[ ] Other plan:


Parenting Plan

p. 11 of 14

11. Conflicts in Scheduling

The Holiday Schedule must be observed over all other schedules. If there are conflicts within the Holiday Schedule (check all that apply):

[ ] Named holidays shall be followed before school breaks.

[ ] Children’s birthdays shall be followed before named holidays and school breaks.


12. Transportation Arrangements

The children will be exchanged for parenting time (picked up and dropped off) at:

[ ] each parent’s home

[ ] school or daycare when in session

[ ] other location (specify):

Who is responsible for arranging transportation?

[ ] The picking up parent – The parent who is about to start parenting time with the children must arrange to have the children picked up.

[ ] The dropping off parent – The parent whose parenting time is ending must arrange to have the children dropped off.

Other details (if any):

13. Moving with the Children (Relocation)

Anyone with majority or substantially equal residential time (at least 45 percent) who wants to move with the children must notify every other person who has court-ordered time with the children.

Move to a different school district

If the move is to a different school district, the relocating person must complete the form Notice of Intent to Move with Children (FL Relocate 701) and deliver it at least 60 days before the intended move.

Exceptions:

If the relocating person could not reasonably have known enough information to

complete the form in time to give 60 days’ notice, s/he must give notice within 5

days after learning the information.

If the relocating person is relocating to a domestic violence shelter or moving to

avoid a clear, immediate and unreasonable risk to health or safety, notice may be

delayed 21 days.

If information is protected under a court order or the address confidentiality program,

it may be withheld from the notice.

A relocating person who believes that giving notice would put her/himself or a child

at unreasonable risk of harm, may ask the court for permission to leave things out of


Parenting Plan

p. 12 of 14

the notice or to be allowed to move without giving notice. Use form Motion to Limit

Notice of Intent to Move with Children (Ex Parte) (FL Relocate 702).

The Notice of Intent to Move with Children can be delivered by having someone personally serve the other party or by any form of mail that requires a return receipt.

If the relocating person wants to change the Parenting Plan because of the move, s/he must deliver a proposed Parenting Plan together with the Notice.

Move within the same school district

If the move is within the same school district, the relocating person still has to let the other parent know. However, the notice does not have to be served personally or by mail with a return receipt. Notice to the other party can be made in any reasonable way. No specific form is required.

Warning! If you do not notify…

A relocating person who does not give the required notice may be found in contempt of court. If that happens the court can impose sanctions. Sanctions can include requiring the relocating person to bring the children back if the move has already happened, and ordering the relocating person to pay the other side’s costs and lawyer’s fees.

Right to object

A person who has court-ordered time with the children can object to a move to a different school district and/or to the relocating person’s proposed Parenting Plan. If the move is within the same school district, the other party doesn’t have the right to object to the move, but s/he may ask to change the Parenting Plan if there are adequate reasons under the modification law (RCW 26.09.260).

An objection is made by filing the Objection about Moving with Children and Petition about Changing a Parenting/Custody Order (Relocation) (form FL Relocate 721). File your Objection with the court and serve a copy on the relocating person and anyone else who has court-ordered time with the children. Service of the Objection must be by personal service or by mailing a copy to each person by any form of mail that requires a return receipt. The Objection must be filed and served no later than 30 days after the Notice of Intent to Move with Children was received.

Right to move

During the 30 days after the Notice was served, the relocating person may not move to a different school district with the children unless s/he has a court order allowing the move.

After the 30 days, if no Objection is filed, the relocating person may move with the children without getting a court order allowing the move.

After the 30 days, if an Objection has been filed, the relocating person may move with the children pending the final hearing on the Objection unless:

The other party gets a court order saying the children cannot move, or

The other party has scheduled a hearing to take place no more than 15 days after

the date the Objection was served on the relocating person. (However, the

relocating person may ask the court for an order allowing the move even though a

hearing is pending if the relocating person believes that s/he or a child is at

unreasonable risk of harm.)

The court may make a different decision about the move at a final hearing on the Objection.


Parenting Plan

p. 13 of 14

Parenting Plan after move

If the relocating person served a proposed Parenting Plan with the Notice, and if no Objection is filed within 30 days after the Notice was served (or if the parties agree):

Both parties may follow that proposed plan without being held in contempt of the

Parenting Plan that was in place before the move. However, the proposed plan

cannot be enforced by contempt unless it has been approved by a court.

Either party may ask the court to approve the proposed plan. Use form Ex Parte

Motion for Final Order Changing Parenting Plan – No Objection to Moving with

Children (FL Relocate 706).

Forms

You can find forms about moving with children at:

The Washington State Courts’ website: www.courts.wa.gov/forms,

The Administrative Office of the Courts – call: (360) 705-5328,

Washington LawHelp: www.washingtonlawhelp.org, or

The Superior Court Clerk’s office or county law library (for a fee).

(This is a summary of the law. The complete law is in RCW 26.09.430 through 26.09.480.)

14. Other

15. Proposal

[ ] Does not apply. This is a court order.

[ ] This is a proposed (requested) parenting plan. (The parent/s requesting this plan must read and sign below.)

I declare under penalty of perjury under the laws of the state of Washington that this

plan was proposed in good faith and that the information in section 3 above is true.

Parent requesting plan signs here Signed at (city and state)

Other parent requesting plan (if agreed) signs here Signed at (city and state)

16. Court Order

[ ] Does not apply. This is a proposal.

[ ] This is a court order (if signed by a judge or commissioner below).

Findings of Fact – Based on the pleadings and any other evidence considered:

The Court adopts the statements in section 3 (Reasons for putting limitations on a

parent) as its findings.

[ ] The Court makes additional findings which are:


Parenting Plan

p. 14 of 14

[ ] contained in an order or findings of fact entered at the same time as this Parenting Plan.

[ ] attached as Exhibit A as part of this Parenting Plan.

[ ] other:

Conclusions of Law – This Parenting Plan is in the best interest of the children.

[ ] Other:

Order – The parties must follow this Parenting Plan.

Date Judge or Commissioner signs here

Warning! If you don’t follow this Parenting Plan, the court may find you in contempt (RCW 26.09.160). You still have to follow this Parenting Plan even if the other parent doesn’t.

Violation of residential provisions of this order with actual knowledge of its terms is punishable by contempt of court and may be a criminal offense under RCW 9A.40.060(2) or 9A.40.070(2). Violation of this order may subject a violator to arrest.

If this is a court order, the parties and/or their lawyers (and any GAL) sign 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

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 party signs here or lawyer signs here + WSBA # Other party or Guardian ad Litem signs here

Print Name Date Print Name Date

Mandatory Form (05/2016) FL All Family 119

Agreement to Join Petition (Joinder) p. 1 of 1



Children:



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 and Admission Of Service – Page 1 of 2



Children:



No.

Waiver of Rights Under Service Members Civil Relief Act

(No Mandatory Form Developed)

My name is . I am the

Respondent/Nonrequesting Party in the above-entitled action. The Petitioner/Requesting Party

has requested entry of a parenting plan/residential schedule and/or child support. I am a

member or the dependent of a member of the United States military and I am informed of my

rights under the Service Members Civil Relief Act of March 4, 1918, as amended and the

Military Service Members’ Civil Relief Act, RCW Ch. 38.42 . I waive my rights under the Service

Members Civil Relief Act and the Military Service Members’ Civil Relief Act, RCW Ch. 38.42 and

Waiver of Rights Under Service Members' Civil Relief Act and Admission Of Service – Page 2 of 2

I request the court to determine whether to grant the relief requested by the

petitioner/requesting party.

I received a copy of the Summons and Petition, Proposed Parenting Plan and other

documents listed on the Return of Service or Acceptance of Service in this matter on

.

Name:

Rank:

Serial No.:

Unit:

Signed at ___________________________________, on _____________________________. [Place] [Date] Signature of Respondent/Nonrequesting Party Print or Type Name SUBSCRIBED AND SWORN to before me this day of , .

NOTARY PUBLIC in and for the state of

, residing at

. My Commission Expires:

.

RCW 38.42.050(3) Optional Form (06/2018) FL All Family 103

Notice re Military Dependent

p. 1 of 1


In re:

Petitioner/s (person/s who started this case):

And Respondent/s (other party/parties):

No.


(NTDMP)


You qualify for special legal protections in this case if you are a military dependent and:

Your spouse (or parent, if you are under 18) is a member of the Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard or Reserves who is either stationed in or a resident of Washington state and called to active military duty for more than 30 days in a row, or

For the last 6 months or longer, 50% or more of your income was from a member of the Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard or Reserves who is either stationed in or is a resident of Washington state and called to active military duty for more than 30 days in a row.

If you qualify…

You should tell me in writing that you qualify within 20 days of the date you get this Notice. After you notify me, the Court will not approve final orders without first assigning a lawyer to help you. You will not lose any rights in this case by notifying me about your status. Notifying me about your status is not the same as appearing or responding to the Petition.

If you do not notify me…

The Court will assume you are not a protected military dependent, and may approve final orders without hearing your side.

Person who filed Petition or lawyer signs here Print name and WSBA # if lawyer Date

EVALUATION FORM: How was this 3605EN RESPOND TO A PETITION FOR PARENTING PLAN packet? 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]:

10. Today’s Date:

mailto:[email protected]

http://www.washingtonlawhelp.org/