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3603EN | November 2019 File an Agreed Petition for a Parenting Plan, Residential Schedule or Child Support: Parentage Cases Instructions and Forms

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Page 1: File an Agreed Petition for a Parenting Plan, Residential Schedule … · 2019-11-14 · Use this packet only if you and the other parent agree 100% about all final papers (for parenting

3603EN | November 2019

File an Agreed Petition for a Parenting Plan, Residential Schedule or

Child Support: Parentage Cases

Instructions and Forms

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3603EN | November 2019

Table of Contents | Page - 1

Table of Contents

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

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

B. How much does filing my case cost? ................................................................. 3

C. Where should I file my Petition? ....................................................................... 3

D. How do I request a copy of my Parentage or Paternity Affidavit or Acknowledgment? ........................................................................................... 3

E. What if I have questions that this packet does not answer? ............................... 4

Part 2. Checklist of Steps ........................................................................................... 6

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

A. Forms you will need in this packet: ................................................................... 9

B. Other forms you may need in this packet: ......................................................... 9

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

Part 5. General instructions for filling out forms ................................................... 12

Part 6. How to fill out each form ............................................................................. 17

A. Petition for Parenting Plan, Residential Schedule and/or Child Support - FL Parentage 331 ............................................................................................... 17

B. Confidential Information Form and Attachment - FL All Family 001 & 002 ...... 19

C. Sealed Birth Certificate or Paternity Document - FL Parentage 329 ................. 21

D. Civil Case Cover Sheet .................................................................................... 21

E. Parenting Plan – FL All Family 140 ................................................................. 21

F. Final Order and Findings for a Parenting Plan, Residential Schedule an d/or Child Support (“Findings”) - FL Parentage 333 ............................................... 29

G. Washington State Child Support Worksheets .................................................. 31

H. Financial Declaration ..................................................................................... 31

I. Sealed Financial Source Documents Form ....................................................... 31

J. Child Support Order – FL All Family 130 ......................................................... 31

Part 7. How to file forms with the court .................................................................. 32

Part 8. Noting Presentation of Final Orders............................................................ 35

A. How to get a hearing date ............................................................................... 35

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Table of Contents | Page - 2

B. How much notice to give the other parent....................................................... 35

C. Instructions for the Notice of Hearing form – FL All Family 185 ....................... 36

D. Filing the Notice of Hearing form .................................................................... 36

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

A. Giving the Papers to the Other Party by Mail or Hand Delivery ........................ 37

B. Instructions for the Proof of Mailing or Hand Delivery – FL All Family 112 ...... 38

C. Filing the Proof of Mailing or Hand Delivery .................................................... 39

D. Working Papers and Confirming Your Hearing ................................................ 39

Part 10. Going to the hearing .................................................................................... 40

Part 11. If the other parent is in the military or the dependent of someone in the military ................................................................................................ 42

A. Instructions for the Waiver of Rights Under Service Members Civil Relief Act form .............................................................................................................. 42

B. File the Waiver form ...................................................................................... 42

Part 12. Words you should know .............................................................................. 43

Part 13. Blank Forms ................................................................................................. 47

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 Washington State Alliance for Equal Justice and to individuals for non-commercial use only.)

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File an Agreed Petition for Parenting Plan | Page - 1

Part 1. Important Information

A. Should I use this packet?

Yes, if all these are true:

you are not married to or in a domestic partnership with your child’s

other parent

your child’s parentage has already been established by paternity

affidavit or acknowledgment

you and the other parent want to enter an agreed parenting plan

and/or child support order

Use this packet only if you and the other parent agree 100% about all final papers (for parenting plan, child support). You just want final court orders that follow your agreement.

Do not use this if:

you and the other parent disagree about anything

someone besides you or the other parent has legal custody of a child in the petition

If any other person has physical custody or claims a right to custody or visitation, talk with

a lawyer about whether to use this packet.

Generally, you can use this packet if parentage was established by signing a Paternity or

Parentage Affidavit or Acknowledgment in Washington State, and you currently have no

parenting plan. If you already have a parenting plan and you want to change it, you must

file a Petition to Change Parenting Plan. Do not use this packet.

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If you are using this after establishing parentage using a Paternity or Parentage Affidavit or Acknowledgment, make sure at least 60 days have passed since the filing of the Affidavit or Acknowledgment with the Washington State Department of Health. RCW 26.26.370(1); RCW 26.26.375(1). Call the Department of Health at (360) 236-4300 to find out when the Affidavit or Acknowledgment was filed.

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. If you must use a Residential Schedule or have a strong preference, the form (FL

Parentage 304) is available at www.courts.wa.gov/forms.

You can also use this packet and our Child Support Worksheets and Order packet to ask for

a child support order. OR you could just ask the Division of Child Support to start an

administrative case for you. Read How Can I Collect Child Support? and Parentage and

Parenting Plans for Unmarried Parents in Washington.

If a court established parentage less than 24 months ago, but did not sign a Parenting

Plan, you can just file a motion for a parenting plan. Get the forms from the state courts

website at www.courts.wa.gov/forms:

Motion for Parenting Plan or Residential Schedule (within 2 years of Final Parentage

Order), form number FL Parentage 317

Order on Motion for Parenting Plan or Residential Schedule, form number FL

Parentage 318

To change an existing parenting pan, use our File a Petition to Change Your Parenting Plan, Residential Schedule, or Custody Order packet.

Before using this packet, you should:

1. Talk with a lawyer. (“What If I have Questions” below has referral info if you have a

low income.) Washington’s law about parentage has changed greatly. Figuring out if

you can and should file for a parenting plan by agreement is complicated. Read

Parentage and Parenting Plans for Unmarried Parents in Washington and talk to a

lawyer. Even if you cannot afford to pay one to handle your case for you, a lawyer can

advise about important legal rights your case may affect. Example: if you file a

petition for a parenting plan, the judge will decide which parent the children will live

with, and how much time the children will spend with each parent. The judge will not

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necessarily order the parenting plan you asked for, even if you and the other parent

agree on it.

2. If you are or the other parent is in the military or the dependent1 of a service

member, the service member or dependent should talk with a JAG officer about

special protections.

3. Make sure you have a certified copy of your parentage or paternity affidavit or

acknowledgment. See the question and answer below about requesting a certified

copy.

B. How much does filing my case cost?

The costs involved in filing your case include a filing fee of $200 - $250, copying fees, and

(possibly) fees for service (delivering the papers to other parties). If you cannot afford the

filing fee, there is a form to file a motion asking court permission to file without paying it.

The section called “What Else Will I Need?” has more information.

C. Where should I file my Petition?

You can file plan in the county where the child lives. RCW 26.26.520. If the child is not

living in Washington now, and the court still has jurisdiction to decide custody, you can file

in the county where the other parent lives. RCW 26.26.520. If another state or a tribal court

has entered a custody order, or the child has not lived in Washington for very long, or has

moved from Washington, you may not be able to file here. If you have questions about

whether to file in Washington, talk with a lawyer. Read Parentage and Parenting Plans for

Unmarried Parents in Washington and Which Court Can Enter Custody Orders? Frequently

Asked Questions and Answers about Jurisdiction.

D. How do I request a copy of my Parentage or Paternity Affidavit or Acknowledgment?

You should file a copy of your Parentage or Paternity Affidavit or Acknowledgment with

your Petition. If you do not have a copy (and you are the child’s parent as listed on it), get

one from the Department of Vital Statistics in the state where your child was born.

If your child was born in Washington State, follow these instructions:

1 Dependents here are usually party, minor child, or a person who has gotten over half his/her support during the last six months from a service member who is a Washington resident on active duty and a National Guard member or Reservist.

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1. Write a letter to Center for Health Statistics, P.O. Box 9709, Olympia, WA 98507-

9709. Ask for a certified copy of your Parentage or Paternity Affidavit or

Acknowledgment so you can show the court it is “official”.

2. In your letter, include this info:

o Your full name and mailing address

o A copy of your photo ID (examples: your current driver’s license, or current

state ID card)

o Full name of each child for whom you need an affidavit

o Date of birth of each child of whom you need an affidavit

o City and state of each child’s birth

o Full name of child’s father

o Full name of child’s mother

3. You must also enclose a check or money order for $35 for each affidavit you are

requesting, made payable to the Department of Health.

Usually it will take a few weeks for the Center for Health Statistics to send you the Affidavit

or Acknowledgment. If you have other questions about the Affidavit or Acknowledgment,

call the paternity department at the Department of Health at (360) 236-4300, or check

www.doh.wa.gov.

If your child was born in another state, you must contact that state’s Department of Vital

Statistics. Find out from them:

the address to send your check or money order

the cost of a certified birth certificate

how long it will take them to process your request

what info they need in a letter from you (child’s name, birthdate, and so on)

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

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

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

you can get legal advice.

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

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

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

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

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Part 2. Checklist of Steps

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

Many counties have case schedules that you must also follow in addition to these timelines

and steps. Some counties require classes before a judge will sign final orders. Call the court

clerk’s office or check with the facilitator, if your county has one. Ask about case schedules

and local court rules for parenting plan cases, and how to get the judge’s signature on

agreed orders.

1. Learn parentage, parenting plan and child support law in Washington. Even if

you and the other parent agree on everything, try to learn more about the law. Visit

WashingtonLawHelp.org to read Parentage and Parenting Plans for Unmarried Parents

in Washington and How is Child Support Set?

2. Check for special local rules. Find out whether your county has special rules or

forms you need to file your case.

The court must:

check the judicial information system and databases to identify any information

relevant to placing the child before entering a permanent or modified parenting

plan

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

claimed, have both parties screened to determine whether a comprehensive

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

child and the parties

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

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

3. Get a copy of the parentage or paternity affidavit or acknowledgment for each

child for whom you want a Parenting Plan. You must file a copy of your affidavit or

acknowledgment with your petition. The “Important Info” section above explains how

to request a Parentage or Paternity Affidavit or Acknowledgment.

4. Fill out the forms you need.

5. Both parties must sign ALL of these before you take them to the courthouse: the

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Parenting Plan and Final Order and Findings for a Parenting Plan, Residential Schedule

and/or Child Support. If the court will set support (and it will if you do not already have a

support order), you both must also sign the child support worksheets and Child Support

Order. The parent listed as the Petitioner must sign the Petition form. To show you

have an agreement, the responding parent should also sign the “Joinder” section at the

very end of the Petition. See also the list of forms in the “File Your Forms” item just below

that one or both parties must complete separately.

6. If there are other parties in your case, all must sign the final court orders. If they

do not, you cannot finalize your case by agreement. Talk to a lawyer. Depending on the

case, you may be able to use our File a Petition for a Parenting Plan, Residential Schedule

and/or Child Support: Parentage Cases packet. It covers contested (challenged) cases.

7. If a child your petition covers has gotten public assistance (TANF) or Medicaid, or

is in foster care, you must deliver the originals of your final orders to the State of

Washington (through the prosecuting attorney or attorney general) for their

signature. You cannot enter final orders without their approval. Give them at least two

weeks to review the orders and get them back to you.

8. Make the necessary copies of the completed forms you are filing with the court.

9. Schedule a time for presentation of your final orders to a judge for signature and

entry. Ask the facilitator or clerk how to schedule a time to have a judge sign and enter

your agreed final orders. You may be able to present your papers to a judge on the same

day you file your Petition, without scheduling a hearing. OR you may have to file a Notice

of Hearing or other Notice of Presentation of Final Orders and file and serve a copy before

the final hearing.

10. File your forms with the court clerk’s office in the Superior Court where you have

decided to file your case. Pay the filing fee or ask the court to waive (forgive) it. Here is a

list of originals the clerk will probably keep when you file your case:

o Petition

o Confidential Information Form (each party should file their own completed

form, and not give this form to the other party)

o Sealed Birth Certificate or Parentage/Paternity Document with Parentage or

Paternity Acknowledgment or Affidavit attached

o Financial Declarations (if needed) (one by each parent)

o Civil Case Cover Sheet

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o Parenting Plan

o Child Support Worksheets (if you are asking for support)

o Sealed Financial Source Documents form with Attachments (if needed)(one

by each parent)

o Notice of Hearing or Notice of Presentation (if applicable)

o Proof of Mailing or Hand Delivery (if applicable)

o Waiver of Service Members' Civil Relief Act (if applicable)

You will need other forms to complete your case. (See following items.)

11. Present your final order forms for signature without a hearing, if your county

allows it. Make sure the judge signs the Final Order and Findings for a Parenting Plan,

Residential Schedule and/or Child Support.

If you are asking for a custody order, the judge should also sign:

o Parenting Plan

If you are asking for a court order of child support, the judge should also sign:

o Child Support Worksheets

o Child Support Order

12. If you need a hearing to present your final orders for signature and entry, see

the section called “Presentation of final Orders.”

13. Get conformed copies (copies stamped with the judge or commissioner's

signature) of all of the final orders. You will need certified copies of any Protection

order or order with a restraining order. Send a copy of the final papers showing the

judge’s signature to the other party. Use the Proof of Mailing or Hand Delivery

procedure to show this has been done. Congratulations! You are done!

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Part 3. Court forms in this packet

A. Forms you will need in this packet:

Court Form Title Court Form Number

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

FL Parentage 331

Confidential Information Form and Attachment FL All Family 001 & 002

Sealed Birth Certificate or Paternity Document (to keep your Paternity Affidavit confidential)

FL Parentage 329

Final Order and Findings for a Parenting Plan, Residential Schedule and/or Child Support

FL Parentage 333

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

B. Other forms you may need in this packet:

Court Form Title Court Form Number

Notice of Hearing FL All Family 185

Proof of Mailing or Hand Delivery FL All Family 112

Waiver of Rights Under Service Members' Civil Relief Act

Non-Mandatory Form

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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. 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.

Child Support Worksheets and Order - if you agree there should be a child support order.

Ask the Court to Waive Your Filing Fee - blank forms to print and fill out on your own,

with how-to instructions for completing and filing. Use this to ask the court to waive

(not ask for) the filing fee required to file court papers in a civil case because you cannot

afford to pay it. Or use Ask the Court to Waive Your Filing Fee, a Washington Forms

Online interview that will help you prepare these forms.

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 is involved. We tell 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 this form at the Administrator of the Courts website:

www.courts.wa.gov/forms.

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

and any of the children has gotten public assistance (TANF), or medical

coupons/Medicaid or is in foster care or out-of-home placement, you must include the

state as a party and serve them with papers you file.

Immediate Restraining Orders and Temporary Family Law Orders packets – in agreed

cases, most people do not need these. If you need a court order between the time you

file and finalize the case, use these. We also have a packet for responding to a motion for

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temporary family law orders or immediate restraining orders filed by another party.

These packets also have forms and instructions for filing confidential documents and

for requesting a GAL (Guardian ad Litem).

Petition for Order for Protection - Domestic violence: WPF DV 1.015 – You

probably will not need this. If you are asking for an Order for Protection from domestic

violence, get this form from the clerk, your local domestic violence advocacy program,

or online at www.courts.wa.gov/forms. (The “Petitioner” on the Protection Order form

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

Petition for Order for Protection - Domestic violence: WPF DV 1.015 – You

probably will not need this. If you do need this protection as part of your parenting plan

case, get this from the court clerk, your local domestic violence advocacy program, or

online at www.courts.wa.gov/forms. Attaching a Petition for an Order of Protection

to your petition gives you NO immediate protection order. It only asks the court

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

Protection Order form is always the protected person, even if they are the respondent

in the family law case.)

Local Do-it-Yourself packets - some counties’ local court rules may require you to use

other forms or packets. Check with the clerk or facilitator.

Law Enforcement Information Sheet (LEIS) – WPF All Cases 01.0400 - If you are

entering a restraining order or an Order for Protection, get this from the clerk or online

at www.courts.wa.gov/forms. Do not have this form served on the other party.

Sealed Personal Health Care Records (Cover Sheet) FL All Family 012 and/or

Sealed Confidential Reports (Cover Sheet) FL All Family 013 - if you file certain

confidential information. Get them at www.courts.wa.gov/forms.

For the complete list of packets or legal information available for family law cases, visit

WashingtonLawHelp.org.

Domestic Violence Survivors: If another party has a history of physically harming you or the children, or has threatened to, and you have had a dating, roommate, marital, or family relationship with them, you can file a petition for an Order for Protection for immediate protection. Orders for Protection offer strong safety restraints. The police may take them more seriously than a restraining order. Read Domestic Violence: Can the Legal System Help Protect Me? or contact your local domestic violence program or the National Domestic Violence Hotline 1.800.799.7233.

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Part 5. General instructions for filling out forms

These apply to all forms you fill out. They cover all types of family law cases. You may not

use some of the info in your case.

The caption includes your case name and number, court name, title of the court paper, and sometimes, case type. It appears at the top of the first page of every form.

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:

Put the name of the county where you are filing your case in the blank space where the

form reads "Superior Court of Washington, County of ."

You are the petitioner. The other party is the respondent.

Case number. When you start the case by filing the initial papers and paying the filing fee

(or having it waived), the court clerk assigns a case number. You must put that number on

everything you file with the court and serve on other parties. Put it near the top on the

right-hand section of the first page of every form after "No." (abbreviation for “number”)

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.

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You may be able to use a special stamp at the court clerk’s counter to stamp the case number on each paper. If you do not put the case number on the first page of every copy of everything you file with the court and copies 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 directly under the case caption. You might have to add info to it.

(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 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 that 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 needed. 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 orders when they sign the

order.

Signatures.

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

Some forms have one signature line for “petitioner” or “respondent.” After 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 the place (city, state) you

signed the form.

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

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

asking for this order) fills out below.

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

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

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

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

cannot force another party to sign a court paper. 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 them party to sign.

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.

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

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

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

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

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

Other signatures: If a witness or the person serving papers must sign a form, they

must fill out all info correctly and sign in the right space.

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

some info in court files. The next following three boxes discuss these rules.

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

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

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

available 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 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 info you should file with sealed cover sheets:

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

It is not available to the public.

Financial Information: You must 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: You must attach any papers you file

that have info 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. Attach the private section to a Sealed Confidential Reports Cover Sheet.

Retirement Plan Orders: Certain retirement info 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 to have that paper, or part of it, sealed under General Rule (GR) 15. There is no

packet for this. Talk to a lawyer.

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

These forms are not in the public file. 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.

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Part 6. How to fill out each form

You must fill these out whether you are asking for a parenting plan, child support, or both.

A. Petition for Parenting Plan, Residential Schedule and/or Child Support - FL Parentage 331

Caption. Fill out the caption.

1. Put your name. Check the box or boxes showing what you want.

2. Children. Put the other parent’s name. They are the respondent. Give the info requested.

3. Was parentage established by court order? If you check Yes, fill in any blanks as

needed.

A paternity acknowledgment is a type of parentage acknowledgment.

4. Was parentage established by Parentage Acknowledgement? Check No and skip to 5

if you checked Yes in 3. Otherwise, check Yes and any remaining boxes. Fill in any blanks

needed.

5. Was a Parentage Acknowledgment filed in Washington state? Check the first No and

skip to 6 if you answered yes to 3. Check the second No and skip to 6 if your

acknowledgment is from out-of-state.

Otherwise, check Yes. In the next blank, put the child’s name. In paragraph (b), check the

box showing why the deadline to withdraw the Acknowledgment has passed. If you check

the second box there, put the date of the hearing you refer to. Check whichever box in

paragraph (c) that is true in this case.

6. Jurisdiction over parents. Check every box that applies.

7. Children’s Home/s. Check the box that applies. If you check Yes, you must fill out the

chart with the info requested. If a child has lived with someone besides Petitioner or

Respondent, it was not either party, put that person’s name.

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If the children lived with anyone other than a named party in the last five years, include that person’s name and current address on the Confidential Information Form.

8. Other people with a legal right to spend time with a child. Check the box that applies

in this case. If you check Yes, you must fill out the chart with the info requested.

9. Other court cases involving a child. Check the box that applies in this case. If you check

Yes, you must fill out the chart with the info requested. Examples of other types of court

cases involving the child: protection orders, juvenile court cases, dependency cases (CPS),

parentage cases, Division of Child Support cases.

10. Jurisdiction over the children. Check all the boxes that apply. For any statement

starting in bold you check, you must also check at least one of the boxes indented

underneath. Example: if you check Home state jurisdiction, you must check at least one

of the boxes underneath it. Fill in blanks as needed.

Jurisdiction can be a hard concept to understand. For more on whether Washington has

jurisdiction over your children, talk with a lawyer, or read Divorce and Other Options for

Ending Your Marriage with Children in Washington State and Which Court Has the Right to

Enter Custody Orders? Frequently Asked Questions and Answers About Jurisdiction at

WashingtonLawHelp.org. Talk with a lawyer if:

There has been any custody order in another state or country involving the children.

Washington is not the children’s “home state.”

11. Parenting Plan or Residential Schedule. Check the box that applies in this case and

follow the instructions for this section.

9. Child support. Check the box that applies and follow the instructions for this section.

What agency sets child support? In Washington, the Division of Child Support handles administrative child support matters, especially if you or the child has ever gotten public assistance.

13. Protection Order. Check No and skip to 14 if you do not want a Protection Order.

Check Yes if you want a Protection Order. Follow the instructions.

Check the third box if there is already a protection order between you and Respondent. Put

the requested details about that protection order.

14. Restraining Order. Check No and skip to 15 if you do not want a restraining order. If

you want a restraining order that will tell the other party not to harass or bother you, check

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Yes. Check boxes and fill in blanks to show what you want from the restraining order. If

you check Stay away, and then the first box underneath that, a good distance to put is 500

feet (about the length of a football field).

15. Fees and costs. Check the box that applies to you.

16. Other orders. Most people skip this section. Check the second box and fill out the blank

if you want the court to order something not listed here. Put your request in the blank.

Example: You want the court to consolidate a protection order you have in another case

with this case. After checking other, you could put “consolidate the RCW 26.50 protection

order proceeding with this case and enter a permanent order of protection changing the

existing order of protection only as follows: 1) The court should change the no contact and

custody provisions to follow the Final Parenting Plan, and 2) the court should change the

expiration date so that the protection order is permanent.

Petitioner fills out below: Put the place (city, state) where you are signing. Date the form.

Sign where it says. Print or type your name in the next blank.

Respondent fills out below: If Respondent agrees with the Petition, they should fill out

this section. They should put their name in the first blank and check the box showing what

kind of notice they want about the rest of the case. If Respondent wants you to give notice

before the entry of final orders, they should check I ask the petitioner to notify me and

put their mailing address. If Respondent does not want notice, they should check I do not

need to be notified. Respondent should sign and print their name and date the form.

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

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

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

your employer, as well as certain info about the other people involved in the case. RCW

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

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

Confidential Information Form and Attachment on the other parties.

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

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

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

in this form to another party. Another party could get access to this form by following

certain court procedures.

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When your address changes, you must update the court by filing a Notice of Address Change, even after your case is final. If you do not, legal papers may go to you at your old address. The court may enter orders against you without actual notice to you. RCW 26.23.055(2) & (3).

1. Put your name. Put the county where the case is filed and case number. If you do not

have a case number yet, put it when the clerk gives it to you.

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

the orders protect. If the orders go into effect later, file a revised and updated form.

Check no if there is no restraining order or protection order in place, and skip to 3.

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

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

4. Your Information: In the first table, put the info requested, 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 Respondent in the past five years. Check yes if

the children have lived with someone else. Put the info requested.

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

Respondent have custody or visitation rights. Check yes if other people have those

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.

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C. Sealed Birth Certificate or Paternity Document - FL Parentage 329

Caption. Fill out the caption.

Check the box under the title showing which document(s) you have attached. You should

always have an acknowledgment or affidavit to attach. You may also have a denial and/or

birth certificate. In this form, “Acknowledgment” also means Affidavit.

At the top of the first page of your Affidavit or Acknowledgment, put Sealed. Attach the

copy of your Affidavit or Acknowledgment to the Sealed Birth Certificate or Affidavit or

Acknowledgment. If you are also filing a Denial, attach it, after putting “sealed” at the top.

Submitted by: Check the appropriate box. Then sign and print your name.

Read the notice at the bottom of the page. Follow the instructions there if you are

concerned about your safety.

D. Civil Case Cover Sheet

Some local courts have their own forms. Check with the clerk.

Under “Case Types 3-6” put the county where you are filing.

Put the case number when the clerk assigns one.

Put the Title of the case from your Petition.

In the first column, under “Domestic Relations,” check “Parenting Plan/Child Support (PPS

3).”

E. Parenting Plan – FL All Family 140

You should fill this out if you want a custody order. You must choose to ask for a Parenting

Plan or a Residential Schedule. You need only one.

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

Residential Schedule. 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, the form (FL Parentage 304) is available at

www.courts.wa.gov/forms.

Before you start, make at least one extra copy of the parenting plan and keep it, just in

case.

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Read the instructions carefully. Take your time.

If you need hands-on help, your superior court may have a Family Law Facilitator who can

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

county has one.

Fill the parenting plan out to show the agreement you made.

Caption. Fill in the caption.

1. This Parenting Plan is a: Check Proposal. In the blank, put your name.

2. Children. List the names and ages of minor children this parenting plan will cover.

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

have agreed to restrict the other parent’s time with the 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 the other parent or someone

living with them does have any of the listed issues. Then underneath, check which issues.

List the parent’s name where needed.

Abusive Use of Conflict: Check this if you agree that 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 can agree the court must

restrain the other parent from doing these things. In 4 (limitations on a parent),under

Evaluation or treatment required, you can agree visits will end if the other parent

engages in this behavior and will resume if they complete a parenting skills class.

Neglect: If you check this box, in section 14 (Other) you can agree to supervised visits for

the other parent until they successfully complete a parenting skills program and provide

the court and you with written proof of this.

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

in 3a and 3b.

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

BUT you agree the parent does not need limitations. In the blank, explain why.

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You must convince the judge the children will be safe when they are with the other parent. If you do not, the judge might not sign your parenting plan.

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

these are harmful to the child(ren). In the blank, put the other parent’s name. Then check

the box(es) underneath that apply.

Supervised contact: Check this if you agree there should be supervised visits. In the blank,

put the other parent’s name.

Check the first box underneath if you have agreed to a professional supervisor. Put

the supervisor’s name, if you have it.

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

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

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

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

this paragraph. Example: If visitation lasts all weekend, you may not realistically be

able to have someone supervise.

Check other limitations or conditions if, for example, you agree the supervisor

must follow any standard “supervised visitation order” your court uses and/or you

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

visit and stopping any conduct that could harm the children.

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

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

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

blank if you agree the other parent must be evaluated for and/or complete any kind of

treatment program approved and certified by the State of Washington before getting

unsupervised or (or, in severe cases, any) visits.

Check the first box directly underneath if you agree the court should order an

evaluation. In the blank, put the type of evaluation. Examples: drug or alcohol,

sexual offender, domestic violence.

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Check the second box directly underneath if you agree the other parent must start

and complete treatment. Check the box underneath showing the specifics.

Check the third box if you agree the other parent must submit proof of their

evaluation and other records of treatment.

In the last blank, put what you agree will happen 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 end

immediately until you can go back to court.

5. Decision-making.

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

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

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

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

b. Reasons for limits on major decision–making.

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

3a or 3b.

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

Check the third box if both parents are against joint decision making and then check

the first box immediately below that, if true.

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

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

reason.

6. Dispute Resolution. The parenting plan has three alternative dispute resolution

processes. You must use the option you check every time you and the other parent have a

major difference regarding the children that you cannot work out yourselves. The process

may cost a lot. Still, sometimes it is easier and cheaper than going back to court.

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

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

to work out the problems by agreement.

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

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

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

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

Court. Check this if you agree you should not use the other options, such as when you

cannot afford it or one parent has committed domestic violence against the other.

6b. If you agree to 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 agree to divide the cost.

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

7. Custodian. Put who you agree the children will be living with more than half the time.

Do not make any other changes to this section.

If you agree to joint custody, and you will each have the children half the time, you can

alternate by odd/even year. Get legal advice. Find out if this would be a good idea for you.

Parenting Time Schedule:

This section may be confusing. Talk with a lawyer or the facilitator. Divorce and Other Options for Ending Your Marriage with Children in Washington State may help.

Check the first box and skip to section 12 if you agree 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.

Check the second box if you agree the schedule will be the same as for school-age

children.

Check the third box if you agree the schedule for children under school age will be

different from the one for school-age children.

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

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

Check the boxes showing when you agree this schedule will apply.

After the children are scheduled to live with, in the first blank, put who you agree they

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

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

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

9. Summer Schedule.

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

to the school calendar. Check the second if you agree to something other than the school

calendar.

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

to.

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

with the children. Fill in the blank.

Check “the summer schedule is different than” if you agree to this. Check the box showing

when you agree the summer schedule will effect. After “During the summer the children

are scheduled to live with,” in the first blank, put who you agree they will live with most of

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

showing when you agree they will live with the other parent.

Check other if you agree not to set specific dates. In the blank, you can put that one or both

parents agree to notify each other by a certain date of the time they want 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 you agree 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.

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Otherwise, check the second box. Then check the box showing which children you agree the

holiday schedule applies to. Fill in the table showing what you agree the holiday schedule

will be.

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

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

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

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

holidays may not be important in your family, particularly if you are not Christian,

while the form does not list other important holidays.

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

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

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

the box showing what you agree to. You can check other to create your own priorities.

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

exchange the children. You can check other location if you agree to a neutral, public place,

like a local fast food restaurant or park. Do this if, for example, you agree you and the other

parent will fight in front of the children. You may agree put more safeguards to protect your

safety if you are at risk during exchanges.

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

transportation.

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

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

other parent does not have a driver’s license, you can put here that the other parent must

arrange for someone with a license to transport the children.

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

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

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

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Following Requirements of Other Court Orders: You may agree the other parent

must complete requirements already required by another court order (such as a

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

unsupervised time) with the children. You may agree the other parent must provide

written proof of completion of the requirements. Example: You have a Protection

Order requiring the other parent to complete domestic violence treatment. You may

put here “[Other parent] shall successfully complete all domestic violence treatment

required under the Order of Protection entered on [date] under case number

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

of such successful completion, before 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.

If there are other rules you agree to, such as giving or denying access to school or medical

records, being able to go to or get notice of school or extra-curricular events (sports, church

events, music recitals, and so on), or phone contact, put them here. Here is some sample

language for rules you might agree to:

Phone Calls - Each parent shall be able to call the children at reasonable times when

they are with the other parent.

Activities Outside of School - Neither parent shall sign the child(ren) up for activities

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

agreement.

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

current home address and phone number.

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

other activities of the children.

15. Proposal. Check the second box. At parent requesting plan signs here, sign and put

the date and place you are signing. The other parent should sign and date underneath.

16. Court Order. Check the first box. Leave the rest of this section for the judge to fill

out and sign.

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

agreement of the parties. Have the other parent check the same in the right-hand column.

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Check is presented by me. You sign in the space on the left-hand side. Put your name and

the date under that. The other parent signs in the space on the right-hand side and puts

their name and the date under that.

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

F. Final Order and Findings for a Parenting Plan, Residential Schedule an d/or Child Support (“Findings”) - FL Parentage 333

Most of the info you need for this form will be the same as in the Petition. Have a copy of it

in front of you when filling this out.

Caption. Fill out the caption.

1. Money Judgment Summary. Check the first box and skip to 2 if there will be no money

judgment.

Check the second box if you agree there will be any money judgments. Fill out section 16

first. Come back to this table after. Fill in any money you agree one party owes the other. If

the other party signed off on the joinder at the bottom of the petition, and does not get

further notice of final orders, you cannot ask for anything not requested in your petition.

Most money judgments will have a 12% interest rate. If you agreed to a different interest rate, put it in the second blank in Yearly Interest Rate.

2. Court findings based on. Check the first box.

3. Children. Give the info requested.

4. Parentage established. Check the box showing how parentage was established in this

case and fill in blanks as needed.

5. Washington state deadlines for Paternity Acknowledgment. In the first paragraph,

check the box that applies. If you check the second box, you must also check the

appropriate boxes in (b) and (c).

6. Paternity Acknowledgment filed in another state. Check the first box and skip to 7 if

you established parentage by court order or a Washington Parentage or Paternity

Acknowledgment or Affidavit. Check the second box if your Parentage or Paternity

Acknowledgment or Affidavit was filed in another state and then check the first box

immediately underneath.

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7. Notice and jurisdiction over parents. You must at least check the second-to-last box in

this section.

8. Jurisdiction over the children. Check the second box. Then check the same boxes that

you checked in section 10 of the Petition.

If you can only check the first box, STOP. Talk to a lawyer.

9. Parenting Plan or residential Schedule. Check the second box.

10. Child Support. Check the box that is true in this case. If you check the second box, put

the date, if needed.

Check tax issues if you have reached agreement about claiming the children. In the blank,

explain what your agreement is.

Post-secondary: Check this if you have reached agreement on this issue. Check the box

underneath showing what your agreement is.

11. Protection Order. Check the first box and skip to 12 if you agree there will not be a

Protection Order. Check Approved if you agreed to a Protection Order. Check

Renewed/Changed if you agreed to this, and check the box underneath that applies.

12. Restraining Order. Check the first box and skip to 13 if you agree there will not be a

Restraining Order. Check Approved if agreed to a Restraining Order.

13. Fees and Costs. Check the box showing what you agreed to.

14. Other findings, if any. Most people will not use this.

15. Decision. Check Approved. Then check all orders underneath that are part of your

agreed case.

16. Money Judgment. Check the first box and skip to 17 if there is no money judgment.

Otherwise, check the second box and fill out the table showing what you have agreed to.

17. Other orders, if any. If you put anything in section 16 of the petition, put it here as

well. may put something here.

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

boxes to check, one column for each party. Both of you should is an agreement of the

parties. You should each also check whichever other boxes in your column that applies to

you. You should each sign and print your name and the date where it says.

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G. Washington State Child Support Worksheets

Fill out these forms if you want a child support order. Use our Child Support

Worksheets and Order packet. Most people using this packet will be preparing a set of

worksheets at the start of your case that both parents will sign and ask the judge to sign.

Follow that packet’s instructions for preparing final worksheets. Be sure to fill out the

“Child Support Order Summary Report” on the first page of the worksheets.

H. Financial Declaration

Fill this out if you want a child support order or have agreed one party will provide the other financial relief (such as fees). Use our Child Support Worksheets and Order packet.

I. Sealed Financial Source Documents Form

You should fill one of these out any time you give the court personal financial

information. Use our Child Support Worksheets and Order packet.

If the court will enter child support order, you should have the last two years of tax returns

(or W2s and 1099s if you have not yet filed your income tax form), and at least six months

of pay stubs or proof of income from other sources such as Social Security. Local court rules

may require more documentation. Even in agreed cases, the court may want to see proof of

each parent’s income.

J. Child Support Order – FL All Family 130

You should fill one of these out if you are asking the judge to set child support. Use our Child

Support Worksheets and Order packet.

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Part 7. How to file forms with the court

Have the other party sign each completed form. The prosecutor, GAL, or any other

party in your case must also review and sign them before the judge sees them. If the

other parent is in the military or a military dependent, follow the instructions in the “If

the Other Parent is in the Military” section. Then return to this section.

Find out how your county is following the law requiring JIS and database checks

before the court enters final parenting plans, and screening/assessments where

there are limiting factors of domestic violence or child abuse. See the information box

about the law in the “How to File an Agreed Petition” section of this packet. Follow any

necessary local procedures under this law.

Find out when and where you can present your final orders: Check the local rules

or ask the clerk if you need to file a Notice of Hearing to schedule a hearing for a judge

to sign your final papers in an agreed case. This is usually called “presentation of your

final orders.”

o If your court requires you to schedule a presentation hearing, you file your

petition and other papers starting the case on one day, give the other parties

notice of the presentation hearing, and return to court for the presentation

hearing to ask the judge to sign the final papers. Ask when to schedule this,

and which courtroom it must be in. Follow the directions below for filling

out, filing and serving the Notice of Hearing.

o If you do not require a presentation hearing, and everyone has signed

everything, you may be able to file and finalize your case on the same day.

Make two copies of every form you filled out. Except: 1) Each parent will need only

one copy of the Confidential Information form to keep for themselves. Do not give this

form to other parties. 2) If you are using the Law Enforcement Information Sheet

(LEIS), do not give the other parties this form. You will need extra copies for any other

parties in your case.

Make three full sets of your forms (one set of originals and two sets of copies). The

original is for the court. One set is for you. The second is for the other party. Compare

each set with the checklist of forms. Make sure you have the necessary forms in each

set. Put the copy of the Confidential Information form (and any LEIS) with your own set

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of forms, and not in the packet for the other party.

Take the originals and the copies to the county court clerk’s office in the superior

courthouse where you are filing your Petition. Give the clerk the originals of your

papers. Let the clerk know you are filing your case by agreement. Tell the clerk you only

have one original of your Parenting Plan.

Pay the Filing Fee. The filing fee for a Petition for Parenting Plan is $200-350. If you cannot

afford it, ask the court to waive (forgive) it. Use our Ask the Court to Waive Your Filing Fee

packet or do-it-yourself interview program, Washington Forms Online, or contact the clerk

or facilitator.

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

clerk will give you a case number. Ask the clerk to stamp that number on your copies,

OR copy it onto each of your copies yourself. Take the stamped copies back from the

clerk. The clerk keeps the originals of your Petition, Confidential Information form,

Parentage or Paternity Affidavit or Acknowledgment, Financial Declaration and Sealed

Financial Source Documents form.

Decide which of these applies to you:

If you must schedule a hearing for presentation of your final orders, or you cannot

ask the judge to sign the final papers on the same day you file your case, see the

“Noting Presentation” section and the rest of this packet. OR

If you can have your final papers signed the same day you file your case you

must:

o Make sure the other parent and any other parties, such as the State, if the

child has gotten public assistance, have signed the final orders.

o Go to the courtroom where “Ex Parte” matters are heard. (The court clerk

may tell you where to go.) Enter quietly. Go up to the judge’s clerk, and hand

the clerk your papers. Sit down. Wait to be called. When you are called,

approach the judge. Explain you are there to present your final orders in the

Petition for Parenting Plan case. The judge will review your papers, may ask

some questions, and usually will sign your final orders.

DO NOT LEAVE THE COURTHOUSE WITH OR CHANGE OR DESTROY COURT

ORDERS THE JUDGE HAS SIGNED. If the clerk in the courtroom gives you the signed

original orders, file them with the court clerk’s office. If you do not know what to do

with the original orders, ask clerk for help.

Getting Copies of the Orders. You will need copies of the signed orders. You need

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certified copies of any order with a safety restraint and any Protection Order. (Get one

certified copy for yourself, and one certified copy for each restrained party you must

serve.) Get conformed copies of other orders.

Ask the clerk how to get the conformed and certified copies you need.

o For certified copies, the clerk makes them. The clerk may charge you a fee

(such as $5 for the first page and $1 for every extra page)

o For conformed copies,

The clerk may let you take the original orders and make copies in the

library or at the clerk’s office.

If the copies of proposed orders you brought to court are exactly the

same as the orders the judge signed, the clerk may tell you to stamp

those copies with the date filed stamp and the judge’s signature

stamp.

Deliver copies of the final orders to the other parties, as explained in the “How to

File an Agreed Petition” section.

Keep your own conformed copies in a safe place. If the judge has signed your final

orders and you have given copies to the other party, congratulations! You are done.

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Part 8. Noting Presentation of Final Orders

You may have to “note” (give official notice of) the date you are going to ask a judge to sign

your final orders, even if you and the other party agree. You can use the Notice of Hearing

form to let the court and the other parties know the hearing date, time, place, and reason.

Ask the facilitator or clerk if your county requires you to you file and serve a notice

of hearing to have your orders signed. If not, find out when and where to take your

orders to have them signed. If you must note a date, find out if your county uses a

special Notice of Hearing form. If your county has no special form to set up a hearing, use

the form here.

A. How to get a hearing date

Check local court rules or ask the facilitator or clerk out when to schedule your

presentation of final orders. You might have to schedule it in the Ex Parte Department. In

many counties, if the State is a party to your case (example: when the children have gotten

public assistance), you must schedule your hearing on a date that the prosecutor is present.

B. How much notice to give the other parent

Under Washington’s civil rules, you must give the court and other parties your motion and

other legal papers at least five court days (business days that are not court holidays)

before the hearing date. Civil Rule (CR) 6(d). Some counties require more than five court

days’ notice for family law hearings. Check local rules, or ask the facilitator or clerk how

many days’ notice you must give. Make sure you count Day 1 as the day after you delivered

or mailed the papers.

Add Days for Mailing: If you will have notice of the hearing mailed rather than personally

delivered, add at least three days to the number of days’ notice your county’s rules require.

Example: if you mail a document on a Monday, the law presumes it was served on

Thursday. If the third day after the papers are mailed is a weekend or holiday, add days so

that the papers arrive on a business day that is not a legal holiday or weekend. CR 6(a) &

(e); CR 5(b)(2)

Try to give more than the minimum number of days for notice of your hearing. If the other

party does not get enough notice of your hearing, you must reschedule it– even if the other

party does not show up and object.

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C. Instructions for the Notice of Hearing form – FL All Family 185

Caption. Fill in the caption.

To the Clerk of the Court and all parties. Put your hearing date and time. Put the

courthouse address, courtroom number, and docket name or judge’s name.

2. Put “Presentation of Final Orders.”

This hearing was requested by. Check the box showing which party you are.

Person asking for this hearing signs here: Sign and print your name and address. Fill in

the date. Read the box about your address.

D. Filing the Notice of Hearing form

Make as many copies of your papers as you need before taking them to the courthouse. You

will need one copy for yourself, and one for each other party (except make only a copy for

yourself of the Confidential Information form and any LEIS. These two forms are not served

on the other party). If your court requires working papers - see the “Working Papers” section

below - make one more copy for the judge. Organize your papers into sets, with one copy of

each paper in each set (except do not give the other parties the Proof of Mailing or Hand

Delivery or LEIS).

Take your completed originals and copies to the court clerk in the Superior Courthouse where

you filed the petition. Give the clerk your original Notice of Hearing (or other local form). Ask

the clerk to file the originals of all of your papers, except for the originals of your

proposed orders (any form that the judge signs at the final hearing). In most cases, you will

bring those to the hearing for the judge to sign then. Check with the clerk about the

proposed orders. If your county requires working papers, include copies of these proposed

orders as part of the working papers.

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Part 9. How to serve forms

You must also have the note for hearing papers properly served on (delivered to) all the

other parties.

To serve other parties with the Notice of Hearing Docket or the form your county requires,

and your final orders, use first class mail or hand delivery. See below.

Make sure you have your motion served in time to give the other party enough

notice before the hearing date. See the Instructions above under “How Much

Notice to Give the Other Parent.” You must serve all parties on time, including the

other parent and any other parties, such as the GAL or prosecutor. Use our Serving

Papers on the State packet if needed.

Copy and Organize Your Papers. Make one copy of every paper (including the

proposed orders) for each of the other parties. If you need Working Papers, make

another copy for the judge. (See the Working Papers section below.) Make a set of

the papers for each of the other parties and the judge. Include everything except the

Proof of Mailing or Hand Delivery, LEIS, and Confidential Information Form.

Keep a full set of copies for yourself. Put each of the other parties’ sets of papers

in an envelope, addressed to that party, with your return address.

Follow the instructions below for giving the papers to the other parties.

A. Giving the Papers to the Other Party by Mail or Hand Delivery

While the case is going on, if the party you are serving has given an address for receiving

legal papers in the case, send the papers there. (Their address may be, for example, at the

end of the Response form, a Notice of Appearance, or any updated notice changing the

address for service.) If the party has a lawyer in this case, serve the lawyer.

Not all courts will let you serve your own papers after the Summons and Petition have been

served. To be safe, 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 friend fill out the

Proof of Mailing or Hand Delivery the same day. Your friend should fill out a separate form

for each person they mail or deliver the papers to. File the original Proof of Mailing or Hand

Delivery forms with the clerk. Keep a conformed copy for your records.

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Make sure you have the papers mailed or delivered before your deadline. When counting,

do not count the day of delivery or mailing, weekends, or court holidays. Try to give more

than the minimum number of days for notice of your hearing. If the other party does not get

enough notice of your hearing, you must reschedule your hearing – even if the other party

does not show up and object.

Mailing: If your friend mails the papers instead of hand delivering them, add at least three

days to the number of days’ notice your county’s rules require. Example: if you mail a

document on a Monday, the law presumes it was served on Thursday. If the third day after

the papers are mailed is a weekend or holiday, add days so that the papers arrive on a

business day that is not a legal holiday or weekend.

If a document is sent by regular mail, and if you think another party will not show up at a

hearing, have an extra copy sent by certified mail, return receipt requested, for more proof

of mailing. Staple the green return receipt card to the Proof of Mailing or Hand Delivery.

Hand Delivery: You may have the papers delivered to the other party rather than mailed.

“Delivering” the papers to the party or their lawyer means one of these:

handing it to the lawyer or to the party

leaving it at his office with their clerk or other person in charge of the office2

if there is no one in charge, leaving it in a place in the office where someone can

easily find it (example: on top of the front desk)

if the office is closed or the person to be served has no office, leaving it at his home

with a competent adult or teen living there

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

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

shows that you have given copies of papers you file in court to the other parties. Use a

separate form for each party to whom you had papers mailed or delivered.

Caption. Fill in the caption.

1. Have your server check the third box and put their name.

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

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2. In the first blank, the server should put the date they served the papers. In the second

blank, they should put who they served. Then check the 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 where it says.

C. 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 green 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 receipt back when filing the Proof of Mailing or

Hand Delivery, file it later, attached to a page labeled with your case caption.

D. Working Papers and Confirming Your Hearing

In many counties, you must:

Deliver an extra copy of all of papers (including proposed orders) for your

hearing for the judge to read. We call this set of copies Working Papers or Working

Copies. Read What are Working Copies?

Confirm the hearing a few days before the hearing date. This means telling the

court the hearing will take place as scheduled.

To learn the rules for working papers and confirming the hearing in your county, read local

court rules, and check with the facilitator or clerk.

If you do not give the judge working papers and do not confirm your hearing in a county requiring these, the court may cancel your hearing, or the judge might not consider any of your papers.

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Part 10. Going to the hearing

Take Your Court Papers with You. Bring along all proposed orders and other

original papers you will ask the judge to approve. If you have already delivered the

original proposed orders to the court, bring an extra copy in case the judge needs it.

Bring your own copies of those papers and your hearing papers. Bring copies of

your proofs of service (Proof of Personal Service and/or Proof of Mailing or Hand

Delivery). The judge may want to see them. Bring your own copy of everything you

filed and served on the other parties earlier in the case. The judge may have a

question about them and not have the court file.

Get to Your Hearing Early. Try to dress neatly. Bring a pad of paper and black pen

to write notes. Do not bring your children. The judge will usually not let them sit in

the courtroom. If you are not there on time, the judge may cancel the hearing.

When You Get to the Courtroom. When you get there, tell the person in charge in

the courtroom (clerk or bailiff) your name and that you are there to enter final

orders by agreement. Take a seat. When the judge walks in the room, stand. When

they call your case name, tell the court you are present. Remain in court until they

call your case for hearing.

Presenting Your Case. When they tell you to come forward, do so. Give the court

the originals of the Final Order and Findings for a Parenting Plan, Residential

Schedule and/or Child Support, and, if applicable, Parenting Plan, Child Support

Order and Worksheets, and any other orders you filled out. The judge will usually

ask if any other party is present. The judge may ask you to explain what you are

asking the court to approve and why. Be brief. Speak directly to the judge. The judge

may allow any other party who appears at the hearing to speak.

Do not interrupt the judge. The judge may ask you about your final papers. The

judge may swear you in and go through the Findings, asking you about each section.

The judge may ask what county you live in, where the other party lives, where the

child lives, and so on. We call this “formal proof.” It shows the court there is

evidence to support the judge signing the final orders. If you do not understand

what the judge is asking, ask the judge to explain.

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Getting Copies of the Orders. Make sure you get a copy of the orders signed by the

judge. Ask the clerk how to do this. The clerk may give you the originals and tell you

to go make copies in the library or at the clerk’s office. DO NOT LEAVE THE

COURTHOUSE WITH OR CHANGE OR DESTROY COURT ORDERS THE JUDGE HAS

SIGNED. If you do not know what to do with the originals, ask the clerk. If your final

orders contain a restraining order or Protection Order, get certified copies of those

orders. (You must pay for certified copies.)

The “How to serve forms” section explains how to properly deliver copies of

the final papers to the other parties. If your final order has a restraining order

or Protection Order, the restrained party must be properly served.

Once the judge signs your orders and they are filed with the clerk, your case is final! The

Judgment, Parenting Plan, and Child Support Order are court orders once the judge has

signed them. It is important to follow them. If you find that you cannot follow the orders,

talk with a lawyer as soon as possible.

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Part 11. If the other parent is in the military or the dependent of someone in the military

Skip this section unless the other parent is in the military or the protected dependent of someone on active duty in the military.

If the other parent is, or may soon be, on active military duty, or is a protected military

dependent3, ask them to fill out and sign this form when they sign the papers in this case. If

they are willing to give up protections under these laws, they must sign the form and

return it to you or file it with the court. If they will not agree to do this, see a lawyer.

Special rules for members of the military and their dependents limit the court’s ability to

make orders adversely affecting the rights of the service member and dependent.

A. Instructions for the Waiver of Rights Under Service Members Civil Relief Act form

Caption. Fill in the Caption.

In the first blank, put the other party’s full name.

Talk with the other party or write a letter about the form. Include the form with the

petition and other court papers for the other party. Call or write the other party. Ask them

to fill out the rest of the form with the date they got the petition and other court papers,

and the service member’s name, rank, serial number and unit. If they are willing to sign this

form, they must do so in front of a notary public. They can return the form to you to file, or

can file it with the clerk’s office themselves and give you a copy.

Finding a Notary: Your local bank may have a notary. If you have a bank account there, the bank will sometimes provide the notary service for free. Or look up notary publics on the web.

B. File the Waiver form

If you get the form back from the other party, file it with the clerk’s office as soon as

possible. Keep a copy for yourself. Ask the clerk to stamp your copy to show the date of

filing.

3 Dependents are usually the party or minor child or a person who got more than half his/her support in the last six months from a Washington resident on active duty who is a National Guard member or a reservist. RCW 38.42.010.

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Part 12. Words you should know

You may not need every definition here.

Administrative order: an order issued by a government agency, like Washington’s Office of

Administrative Hearings, in matters involving citizens and government agencies.

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 information about the 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.

Caption: The heading of each legal document. It has the name of the court, the names of the

parties, the case number, the name of the document itself, and, sometimes, the type of case.

Case Schedule: A printed schedule some courts use. 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. It 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 who handles clerical matters like keeping records,

entering judgments and providing certified copies. Each courthouse has a Superior Court

Clerk’s Office. Someone from clerk’s office staff is 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 most places 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 trial 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.

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Conformed Copy: A copy of any court document filed with the clerk. It must be stamped

with the date filed. A document that is an order must also have the name of the judge who

signed it written or stamped on it.

Continuance: Delaying your court hearing to a later date. In your county, the judge might

have to approve any request for a continuance.

Custodian (also Custodial Parent): The person the children live with most of the time.

DCS: Division of Child Support: The state office (part of DSHS) that establishes, enforces,

and sometimes changes child support obligations in many cases.

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, or

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 the parties will try to resolve

disagreements about the parenting plan (examples: mediation, counseling, court action).

A Residential Schedule form usually has no dispute resolution provision.

Docket: the court’s schedule of cases it will hear on a particular day.

Ex Parte: Going before the court without notifying the other party, or giving them 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.

(The General Instructions section of this packet has basic info about format rules.)

Filing: Giving court papers to the Court Clerk to place in the case file.

Hearing: Going before a judge to request a court order or to defend against another party’s

request. Hearings usually take place before the trial date and concern specific issues

(example: temporary relief). Hearings on important issues (example: motions to dismiss)

may end the case. In many counties, the court does not allow live witness testimony at

hearings. Instead, you must file and serve materials in advance in writing.

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File an Agreed Petition for Parenting Plan | Page 45

Immediate Restraining Order: An order the judge signs if emergency circumstances require

protection before there can be a temporary hearing.

Jurisdiction: The court’s authority to make decisions regarding certain people and issues. A

court that does not have jurisdiction does not have authority to make orders over the

person or subject affected.

Mediation: A meeting between the parties to a case and a neutral third party (examples: a

mental health professional, judge, retired judge, or lawyer not otherwise involved in the

case), where you try to mediate, or reach an 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/Notice of Hearing Docket: A form letting the clerk know to

schedule a hearing and tells the other parties the hearing subject, time and place.

Notice of Appearance: A paper filed with the court and served on the other parties showing

you want to take part in the case, and saying where to send papers filed about the case.

Order: A court document a judge signs requiring someone to do (or not do) something.

Examples: restraining orders, orders parenting plans or Findings and Conclusions. The

judge must have signed them for them to take effect. If you disobey an order of the court,

the judge may hold you in contempt. Check if an order you are served with is only a

proposed order or if the judge has actually signed it. (See “proposed order” definition.)

Other party: Every party to the case, besides you. In court forms, the “other party” can also

mean one particular party. Example: when the Motion for Default says “other party,” it

means the party you believe is in default.

Parentage: The legal name for the legal relationship between an unmarried parent and

their child. 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.

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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.

Party: A Petitioner or Respondent. GALs and the State of Washington may also be parties.

Paternity Affidavit or Paternity Acknowledgment: A type of Parentage Acknowledgment.

Before 2019, unmarried parents typically used this form to state the identity of the child’s

father. In Washington, these forms were offered to the mother in the hospital right after a

child’s birth. The form must be signed by the mother and the father (and presumed father)

of a child and filed with the Washington State Department of Health. A form filed after July

1, 1997, that was not rescinded (canceled) is a final legal determination of parentage.

Petition: The document that starts a case and asks the court for a decree, judgment, or final

order.

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 you will be asking the judge to sign. It will not yet have the

judge’s signature on it. Many counties require you 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 and serve them and deliver

copies to the court. A proposed order becomes an order if the judge signs it.

Residential Schedule: A proposal or, if signed by a judge, a court order which states when

the child will be with each party. In this packet, we simply refer to 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.

Respondent: The person against whom a legal case was originally filed.

Response: A formal written answer to a Petition filed with the court. The term also

sometimes describes the papers a person files in response to a motion. It can be confusing.

Here, “Response” with a capital “R” refers to the Response form. We will say “response”

with a small “r” for all types of responses, including for example, responses to motions as

well as to petitions.

Restraining Order: A court order to keep a party from doing something that may harm the

other party or child.

Ruling: A decision by the court.

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Service: Giving court papers to the other party. The law defines ways of service that are

acceptable. When you start a case, you usually must arrange for the Summons and Petition

and other papers that begin the case to be properly hand-delivered or, in some cases, with

advance court permission, sent by certified mail or published in a newspaper. After the

initial Summons and Petition have been served, many later papers can be served by mail.

Summons: A written notice that a case has been started.

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 the 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.

Venue: the County where the case should be filed. Proper venue depends on the type of

case.

Waiver: Asking to be excused from or forgiven for something. When you file a motion for a

fee waiver, you are asking the court 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 rules, and ask the facilitator or clerk.

Part 13. 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.

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RCW 26.26B.020(7)(b) (07/2019) FL Parentage 331

Petition for a Parenting Plan, Res. Sched. and/or Child Support

p. 1 of 9

Superior Court of Washington, County of _______________

In re parenting and support of:

Children:

Petitioner (person who started this case):

And Respondent (other parent):

No.

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

(PTPPCS)

Petition for a Parenting Plan,

Residential Schedule and/or Child Support

Use this form to ask for a Parenting Plan, Residential Schedule or Child Support Order only if parentage has already been established by:

Acknowledgment of Parentage, or Court order that decided parentage.

If parentage was established by a court order, use this form only if your proposed plan or schedule would not change the custodian named in the order establishing parentage.

1. My name is: . I ask the court to

approve a (check all that apply):

[ ] Parenting Plan or Residential Schedule [ ] Child Support Order.

2. Children

Respondent (name): , and I are parents of the following children:

Child’s name Age Lives with: In (county and state):

1. [ ] Petitioner

[ ] Respondent

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RCW 26.26B.020(7)(b) (07/2019) FL Parentage 331

Petition for a Parenting Plan, Res. Sched. and/or Child Support

p. 2 of 9

Child’s name Age Lives with: In (county and state):

2. [ ] Petitioner

[ ] Respondent

3. [ ] Petitioner

[ ] Respondent

4. [ ] Petitioner

[ ] Respondent

5. [ ] Petitioner

[ ] Respondent

3. Was parentage established by court order?

(Repeat this section for each child as needed.)

[ ] No. Parentage was established by Acknowledgment of Parentage. (Skip to 4.)

[ ] Yes. A court signed a Final Parentage Order or other order establishing parentage for (child’s name): , but the court did not sign a Parenting Plan or Residential Schedule for that child.

The parentage order was signed in (county/state): , in case number: on (date): .

Attach or file a certified copy of the parentage order if it was issued in a different county or state from where you are filing this Petition.

The parentage order named (parent): as custodian. My proposed plan or schedule would not change the custodian named in the parentage order.

If you want to change the custodian, you must file a Petition to Change a Parenting Plan, Residential Schedule or Custody Order (form FL Modify 601) instead of this Petition.

4. Was parentage established by Acknowledgment of Parentage?

(Repeat this section for each child as needed.)

[ ] No. Parentage was established by court order as described above. (Skip to 5.)

[ ] Yes. The Petitioner and Respondent signed an Acknowledgment of Parentage for (child’s name): that was filed with the appropriate agency of the State of on (date): .

You must file a copy of the Birth Certificate or Acknowledgment of Parentage with this petition. Use a cover sheet (form FL Parentage 329) to keep it private (sealed).

Was the mother married or in a registered domestic partnership when the child was born (or within 300 days before)?

[ ] No. (Skip to 5.)

[ ] Yes. Her spouse/partner (name) , signed a Denial of Parentage that was filed with the appropriate agency of the State of on (date) .

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RCW 26.26B.020(7)(b) (07/2019) FL Parentage 331

Petition for a Parenting Plan, Res. Sched. and/or Child Support

p. 3 of 9

You must file a copy of the Denial of Parentage with this petition. Use a cover sheet (form FL Parentage 329) to keep it private (sealed).

5. Was an Acknowledgment of Parentage filed in Washington State?

(Repeat this section for each child as needed.)

[ ] No. Parentage was established by court order as described above. (Skip to 6.)

[ ] No. Parentage was established by Acknowledgment of Parentage in a different state

than Washington. (Skip to 6.)

[ ] Yes. The Acknowledgment of Parentage for (child’s name): was filed in Washington State.

a. Effective date – The Acknowledgment of Parentage (and Denial, if any) became effective (valid) on the date the child was born or the date the Acknowledgment of Parentage (and Denial, if any) was filed with the Washington State Registrar of Vital Statistics, whichever was later.

b. Deadline to withdraw – The deadline to withdraw (rescind) the Acknowledgment of Parentage or Denial has passed because:

[ ] it has been more than 60 days from the effective date.

[ ] it has been less than 60 days from the effective date; but everyone who signed the Acknowledgment (and Denial, if any) was before the court to decide an issue about the child on (date) .

c. Deadline to challenge – (check one):

[ ] The deadline to challenge the Acknowledgment of Parentage or Denial has passed. It has been more than four years since the effective date.

[ ] The deadline to challenge the Acknowledgment of Parentage or Denial has not passed. It has been less than four years since the effective date; but the Petitioner says:

The child’s acknowledged father is the father,

No court has said that another man is the child’s father,

There are no other open court cases to decide who the child’s father is, and

Notice has been given to all other men who claimed to be this child’s father.

6. Jurisdiction over parents

A Washington state court has personal jurisdiction (authority to make decisions) over the parents because (check all that apply):

[ ] the Petitioner lives in Washington State.

[ ] the Respondent lives in Washington State.

[ ] the Respondent will be personally served in this state with the Summons and Petition.

[ ] the Respondent signed an agreement to join this Petition or other document agreeing that the court can decide his or her rights in this case.

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RCW 26.26B.020(7)(b) (07/2019) FL Parentage 331

Petition for a Parenting Plan, Res. Sched. and/or Child Support

p. 4 of 9

[ ] an order establishing Respondent’s parentage of the children involved in this case was signed by a Washington state court.

[ ] other (specify):

7. Children’s Home/s

During the past 5 years have any of the children lived: on an Indian reservation, outside Washington state, in a foreign country, or with anyone who is not a party to this case?

[ ] No. (Skip to 8.)

[ ] Yes. (Fill out below to show where each child has lived during the last 5 years.)

Dates Children Lived with In which state,

Indian reservation, or foreign country

From:

To:

[ ] All children

[ ] (Name/s):

[ ] Petitioner [ ] Respondent

[ ] Other (name):

From:

To:

[ ] All children

[ ] (Name/s):

[ ] Petitioner [ ] Respondent

[ ] Other (name):

From:

To:

[ ] All children

[ ] (Name/s):

[ ] Petitioner [ ] Respondent

[ ] Other (name):

From:

To:

[ ] All children

[ ] (Name/s):

[ ] Petitioner [ ] Respondent

[ ] Other (name):

From:

To:

[ ] All children

[ ] (Name/s):

[ ] Petitioner [ ] Respondent

[ ] Other (name):

8. Other people with a legal right to spend time with a child

Do you know of anyone besides the Petitioner and Respondent who has or claims to have a legal right to spend time with any of the children?

(Check one): [ ] No. (Skip to 9.) [ ] Yes. (Fill out below.)

Name of person Children this person may have the right to spend time with

[ ] All children

[ ] (Name/s):

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RCW 26.26B.020(7)(b) (07/2019) FL Parentage 331

Petition for a Parenting Plan, Res. Sched. and/or Child Support

p. 5 of 9

Name of person Children this person may have the right to spend time with

[ ] All children

[ ] (Name/s):

9. Other court cases involving a child

Do you know of any court cases involving any of the children?

(Check one): [ ] No. (Skip to 10.) [ ] Yes. (Fill out below.)

Kind of case (Family Law, Criminal, Protection

Order, Juvenile, Dependency, Other)

County and State Case number and year

Children

[ ] All children

[ ] (Name/s):

[ ] All children

[ ] (Name/s):

[ ] All children

[ ] (Name/s):

[ ] All children

[ ] (Name/s):

10. Jurisdiction over children (RCW 26.27.201 – .221, .231, .261, .271)

The court can order a Parenting Plan or Residential Schedule for the children because (check all that apply; if a box applies to all of the children, you may write “the children” instead of listing names):

[ ] Exclusive, continuing jurisdiction – A Washington court has already made a custody order or parenting plan for the children, and the court still has authority to make other orders for (children’s names): .

[ ] Home state jurisdiction – Washington is the children’s home state because (check all that apply):

[ ] (Children’s names): lived in Washington with a parent or someone acting as a parent for at least the 6 months just before this case was filed, or if the children are less than 6 months old, they have lived in Washington with a parent or someone acting as a parent since birth.

[ ] There were times the children were not in Washington in the 6 months just before this case was filed (or since birth if they are less than 6 months old), but those were temporary absences.

[ ] (Children’s names): do not live in Washington right now, but Washington was the children’s home state sometime in the 6

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RCW 26.26B.020(7)(b) (07/2019) FL Parentage 331

Petition for a Parenting Plan, Res. Sched. and/or Child Support

p. 6 of 9

months just before this case was filed, and a parent or someone acting as a parent of the children still lives in Washington.

[ ] (Children’s names): do not have another home state.

[ ] No home state or home state declined – No court of any other state (or tribe) has the jurisdiction to make decisions for (children’s names): , or a court in the children’s home state (or tribe) decided it is better to have this case in Washington and:

The children and a parent or someone acting as a parent have ties to Washington beyond just living here; and

There is a lot of information (substantial evidence) about the children’s care, protection, education, and relationships in this state.

[ ] Other state declined – The courts in other states (or tribes) that might be (children’s names): ’s home state have refused to take this case because it is better to have this case in Washington.

[ ] Temporary emergency jurisdiction – The court can make decisions for (children’s names): because the children are in this state now and were abandoned here or need emergency protection because the children (or the children’s parent, brother, or sister) were abused or threatened with abuse. (Check one):

[ ] A custody case involving the children was filed in the children’s home state (name of state or tribe): . Washington should take temporary emergency jurisdiction over the children until the Petitioner can get a court order from the children’s home state (or tribe).

[ ] There is no valid custody order or open custody case in the children’s home state (name of state or tribe): . If no case is filed in the children’s home state (or tribe) by the time the children have been in Washington for 6 months, (date): , Washington should have final jurisdiction over the children.

[ ] Other reason (specify):

11. Parenting Plan or Residential Schedule

Has a court already approved a Parenting Plan or Residential Schedule?

Check one: [ ] Yes [ ] No

If Yes:

My plan or schedule was approved by a court on (date):

in (county/state):

in case number: .

If No: Do you want the court to order a Parenting Plan or Residential Schedule?

Check one: [ ] Yes [ ] No

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RCW 26.26B.020(7)(b) (07/2019) FL Parentage 331

Petition for a Parenting Plan, Res. Sched. and/or Child Support

p. 7 of 9

If Yes: My proposed Parenting Plan (form FL All Family 140) or Residential Schedule (form FL Parentage 303) (check one): [ ] is attached [ ] will be filed and served at a later date.

Important! The court can order a Parenting Plan or Residential Schedule in this case only if a court has not already approved one. To change an earlier plan or schedule, use the Petition to Change a Parenting Plan, Residential Schedule or Custody Order (form FL Modify 601).

12. Child Support

Has a court or child support agency already approved a child support order?

Check one: [ ] Yes [ ] No

If Yes:

My child support order was approved on (date):

by a [ ] court [ ] agency in (county/state):

In case number: .

If No, or if the order was approved by an agency: Do you want the court to order child support?

Check one: [ ] Yes [ ] No

If Yes: Check the orders you want the court to approve:

[ ] Order child support, including medical support, according to state law.

[ ] Order the Respondent to pay past support, medical costs, and other costs for the children.

Important! The court can approve a child support order in this case only if a court has not already approved one. To change an earlier child support order that was approved by a court, use the Petition to Modify Child Support Order (form FL Modify 501) or Motion to Adjust Child Support Order (form FL Modify 521).

You can get a new child support order in this case if your earlier order was from an agency such as the Division of Child Support (DCS).

13. Protection Order

Do you want the court to issue an Order for Protection as part of the final orders in this case?

[ ] No. I do not want an Order for Protection

[ ] Yes. (You must file a Petition for Order for Protection, form DV-1.015 for domestic violence, or form UHST-02.0200 for harassment. You may file your Petition for Order for Protection using the same case number assigned to this case.)

Important! If you need protection now, ask the court clerk about getting a Temporary Order for Protection.

[ ] There already is an Order for Protection between the other parent and me. (Describe below. Attach a copy if you have one):

Court that issued the order:

Case number:

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RCW 26.26B.020(7)(b) (07/2019) FL Parentage 331

Petition for a Parenting Plan, Res. Sched. and/or Child Support

p. 8 of 9

Expiration date:

14. Restraining Order

Do you want the court to issue a Restraining Order as part of the final orders in this case?

[ ] No. (Skip to 15.)

[ ] Yes. Check the type of orders you want:

[ ] Do not disturb – Order the Respondent not to disturb my peace or the peace of

any child listed in 2.

[ ] Stay away – Order the Respondent not to go onto the grounds of or enter my

home, workplace, or school, and the daycare or school of any child listed in 2.

[ ] 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 2.

[ ] Do not hurt or threaten – Order the Respondent:

Not to assault, harass, stalk or molest me or any child listed in 2; and

Not to use, try to use, or threaten to use physical force against me or the children that would reasonably be expected to cause bodily injury.

Warning! If the court makes this order, the court must consider if weapons restrictions are required by state law; federal law may also prohibit the Restrained Person from possessing firearms or ammunition.

[ ] Prohibit weapons and order surrender – Order the Respondent:

Not to 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).

15. Fees and Costs

[ ] Does not apply.

[ ] I ask the court to order the Respondent to pay lawyer fees, guardian ad litem fees, court costs, and other reasonable costs.

16. Other Orders

[ ] Does not apply.

[ ] I ask the court to order (specify):

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RCW 26.26B.020(7)(b) (07/2019) FL Parentage 331

Petition for a Parenting Plan, Res. Sched. and/or Child Support

p. 9 of 9

17. Summary of Requests

I ask the court to approve the following orders (check all that apply):

[ ] Petitioner’s proposed Parenting Plan or Residential Schedule

[ ] Child Support Order, according to the Washington State Child Support Schedule

[ ] Order for Protection

[ ] Restraining Order

[ ] Payment of lawyer fees, guardian ad litem fees, court costs, and other reasonable costs.

[ ] Other (specify):

Petitioner fills out below:

I declare under penalty of perjury under the laws of the state of Washington that the facts I have provided on this form are true.

Signed at (city and state): Date:

Petitioner signs here Print name

Petitioner’s lawyer (if any) fills out below:

Petitioner’s lawyer signs here Print name and WSBA No. Date

[ ] Respondent fills out below if s/he agrees to join this Petition:

I, (name): , agree to join this Petition. I understand that if I fill out and sign below, the court may approve the requests listed in this Petition unless I file and serve a Response before the court signs final orders. (Check one):

[ ] I do not need to be notified about the court’s hearings or decisions in this case.

[ ] I ask the Petitioner to notify me about any hearings in this case. (List an address where you agree to accept legal documents. This may be a lawyer’s address or any other address.)

address city state zip

(If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may use the Notice of Address Change form (FL All Family 120). You must also update your Confidential Information Form (FL All Family 001) if this case involves parentage or child support.)

Respondent signs here Print name Date

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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

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 6.

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:

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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

Petitioner Respondent other:

3. M F

Petitioner Respondent other:

4. M F

Petitioner Respondent other:

5. M F

Petitioner Respondent other:

6. M F

Petitioner Respondent other:

7. Have the children lived with anyone other than Petitioner or Respondent during the last five years? (Check one): No Yes If Yes, fill out below:

Children lived with (name) That person’s current address

1.

2.

8. Do other people (not parents) have custody or visitation rights to the children? (Check one): No Yes If Yes, fill out below:

Person with rights (name) That person’s current address

1.

2.

9. If you are asking for custody and are not the parent, list all other adults living in your home:

1. (Name): Date of birth (MM/DD/YYYY):

2. (Name): Date of birth (MM/DD/YYYY):

I declare under penalty of perjury under Washington State law that the information on this form about me is true. The information about the other party is the best information I have or is unavailable because (explain):

Check here if you need more space to list other Petitioners, Respondents, or children. Put that information on the Attachment to Confidential Information, form FL All Family 002, and attach it to this form.

Signed at (city and state): Date:

Petitioner/Respondent signs here Print name here

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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

Full name (first, middle, last):

Date of birth (MM/DD/YYYY):

Sex: M F

Driver’s license/Identicard (#, state):

Race:

Relationship to children in this case:

Mailing address (This address will not be kept private.) (street address or PO box, city, state zip):

If your case is only about a protection order, the information below is not required. Skip to 2.

Home address (check one): same as mailing address listed below (street, city, state, zip):

Phone: Email: Social Sec. #:

Employer’s name: Employer’s phone:

Employer’s address:

2. Other Party’s Information (if any) – This person is a (check one): Petitioner Respondent

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 3.

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:

3. Other Children’s Information (if any) (You do not have to fill out the children’s Social

Security numbers if your case is only about a protection order.)

Child’s full name (first, middle, last)

Date of birth (MM/DD/YYYY)

Race Sex Soc. Sec. # Current location: lives with

7. M F

Petitioner Respondent other:

8. M F

Petitioner Respondent other:

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GR 22(d)(2) Optional Form (01/2019) FL Parentage 329

Sealed Birth Certificate or Paternity Document

p. 1 of __

Superior Court of Washington, County of

In re:

Petitioner/s (person/s who started this case):

And Respondent/s (other party/parties):

No.

Sealed Birth Certificate or Parentage Document (Cover Sheet)

(XSADP)

Clerk’s action required

Sealed Birth Certificate or Parentage Document

(Cover Sheet)

Use this form as a cover sheet to keep your documents private from the public. On the first page of each document, write the word “SEALED” 1 inch from the top of the page.

Check the documents you are attaching to this cover sheet to be sealed:

Birth Certificate

Acknowledgment of Parentage

Denial of Parentage

Submitted by: Petitioner or his/her lawyer Respondent or his/her lawyer

Sign here Print name (and WSBA No., if lawyer )

Important! The other person and the lawyers in your case can see your sealed documents. If you need to keep your address information private for safety reasons, you may cross out or delete your address information.

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RCW 26.26B.020(7)(b) (07/2019) FL Parentage 333

Final Order and Findings for a Parenting Plan, Res. Sched. and/or

Child Support p. 1 of 8

Superior Court of Washington, County of _______________

In re parenting and support of:

Children:

Petitioner (person who started this case):

And Respondent (other parent):

No.

Final Order and Findings for a Parenting Plan, Residential Schedule, and/or Child Support

(JDPPCS)

[ ] Clerk’s action required: 1, 15, 16

Final Order and Findings for a Parenting Plan,

Residential Schedule and/or Child Support

1. Money Judgment Summary

[ ] No money judgment is ordered.

[ ] Summarize any money judgment from section 16 in the table below.

Judgment for Debtor’s name (person who must pay money)

Creditor’s name (person who must be paid)

Amount Interest

Lawyer fees $ $

Guardian ad litem fees $ $

Court costs $ $

Other (specify):

$ $

Yearly Interest Rate: ____% (12% unless otherwise listed)

Lawyer (name): represents (name):

Lawyer (name): represents (name):

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RCW 26.26B.020(7)(b) (07/2019) FL Parentage 333

Final Order and Findings for a Parenting Plan, Res. Sched. and/or

Child Support p. 2 of 8

2. Court findings based on (check all that apply):

[ ] Parents’ agreement.

[ ] Order on Motion for Default signed on (date): .

[ ] The court’s decision after a contested hearing on (date): .

The following people were at the hearing (list parents, lawyers, and any guardians ad litem):

Findings & Conclusions

3. Children

Petitioner and Respondent are parents of the following children who will be covered by a Parenting Plan, Residential Schedule, and/or Child Support Order:

Child’s name Age Child’s name Age

1. 4.

2. 5.

3. 6.

4. Parentage established (Repeat this section for each child as needed.)

[ ] Court Order – Parentage was established by court order for (children’s names): on (date): by (name of court): .

[ ] Acknowledgment of Parentage – The Petitioner and Respondent signed an Acknowledgment of Parentage (Affidavit) for (child’s name): that was filed with the appropriate agency of the state of on (date): .

[ ] The mother was married or in a registered domestic partnership when the child was born (or within 300 days before). Her spouse/partner (name): signed a Denial of Parentage that was filed with the appropriate agency of the state of on (date) .

5. Washington state deadlines for Acknowledgment of Parentage

[ ] Does not apply because parentage was established either by court order or by an Acknowledgment of Parentage (Affidavit) filed in in a different state than Washington.

(Skip to 6.)

[ ] The Acknowledgment of Parentage was filed in Washington state.

a. Effective date -- The Acknowledgment of Parentage (and Denial, if any) became effective (valid) on the date the child was born or the date the Acknowledgment of Parentage (and Denial, if any) was filed with the Washington State Registrar of Vital Statistics, whichever was later.

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RCW 26.26B.020(7)(b) (07/2019) FL Parentage 333

Final Order and Findings for a Parenting Plan, Res. Sched. and/or

Child Support p. 3 of 8

b. Deadline to withdraw

[ ] The deadline to withdraw (rescind) the Acknowledgment of Parentage or Denial has passed because:

[ ] This case was filed more than 60 days from the effective date. .

[ ] This case was filed less than 60 days from the effective date; but everyone who signed the Acknowledgment (and Denial, if any) was before the court to decide an issue about the child before this case was filed.

[ ] The deadline to withdraw (rescind) the Acknowledgment of Parentage or Denial has not passed. The petition was filed too soon.

c. Deadline to challenge

[ ] The deadline to challenge the Acknowledgment of Parentage or Denial has passed because it has been more than four years since effective date.

[ ] The deadline to challenge the Acknowledgment of Parentage or Denial has not passed because it has been less than four years since the effective date.

Check one:

[ ] The court will approve parenting and/or support orders for the child because the court finds:

The child’s acknowledged father is the father,

No court has said another man is the child’s father,

There are no other open court cases to decide who the child’s father is, and

Notice has been given to all other men who claimed to be this child’s father.

[ ] The court will not approve parenting and/or support orders for the child because the Petitioner failed to show (check all that apply):

[ ] The child’s acknowledged father is the father.

[ ] No court has said another man is the child’s father.

[ ] There are no other open court cases to decide who the child’s father is.

[ ] Notice has been given to all other men who claimed to be this child’s father.

6. Acknowledgment of Parentage filed in another state

[ ] Does not apply because parentage was established either by court order or by

Acknowledgment of Parentage filed in Washington state. (Skip to 7.)

[ ] The Acknowledgment of Parentage was filed in a different state than Washington. The Acknowledgment (check one):

[ ] is valid under the laws of that state.

[ ] is not valid under the laws of that state because:

.

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RCW 26.26B.020(7)(b) (07/2019) FL Parentage 333

Final Order and Findings for a Parenting Plan, Res. Sched. and/or

Child Support p. 4 of 8

7. Notice and jurisdiction over parents

Notice was given to everyone with a legal right to receive it, and

The court has jurisdiction over the parents in this case because (check all that apply):

[ ] the Petitioner lives in Washington State.

[ ] the Respondent lives in Washington State.

[ ] the Respondent was personally served in this state with the Summons and Petition.

[ ] the Respondent signed an agreement to join this Petition or other document agreeing that the court can decide his or her rights in this case.

[ ] other (specify):

8. Jurisdiction over the children (RCW 26.27.201 – .221, .231, .261, .271)

[ ] The court cannot order a parenting/custody order for the children because the court

does not have jurisdiction over the children. (Skip to 9.)

[ ] The court can order a parenting/custody order for the children because (check all that apply; if a box applies to all of the children, you may write “the children” instead of listing names):

[ ] Exclusive, continuing jurisdiction – A Washington court has already made a custody order or parenting plan for the children, and the court still has authority to make other orders for (children’s names): .

[ ] Home state jurisdiction – Washington is the children’s home state because (check all that apply):

[ ] (Children’s names): lived in Washington with a parent or someone acting as a parent for at least the 6 months just before this case was filed, or if the children were less than 6 months old when the case was filed, they had lived in Washington with a parent or someone acting as a parent since birth.

[ ] There were times the children were not in Washington in the 6 months just before this case was filed (or since birth if they were less than 6 months old), but those were temporary absences.

[ ] (Children’s names): do not live in Washington right now, but Washington was the children’s home state sometime in the 6 months just before this case was filed, and a parent or someone acting as a parent of the children still lives in Washington.

[ ] (Children’s names): do not have another home state.

[ ] No home state or home state declined – No court of any other state (or tribe) has the jurisdiction to make decisions for (children’s names): , or a court in the children’s home state (or tribe) decided it is better to have this case in Washington and:

The children and a parent or someone acting as a parent have ties to Washington beyond just living here; and

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RCW 26.26B.020(7)(b) (07/2019) FL Parentage 333

Final Order and Findings for a Parenting Plan, Res. Sched. and/or

Child Support p. 5 of 8

There is a lot of information (substantial evidence) about the children’s care, protection, education and relationships in this state.

[ ] Other state declined – The courts in other states (or tribes) that might be (children’s names): ’s home state have refused to take this case because it is better to have this case in Washington.

[ ] Temporary emergency jurisdiction – Washington had temporary emergency jurisdiction over (children’s names): when the case was filed, and now has jurisdiction to make a final custody decision because:

When the case was filed, the children were abandoned in this state, or the children were in this state and the children (or children’s parent, brother or sister) was abused or threatened with abuse;

The court signed a temporary order on (date) saying that Washington’s jurisdiction will become final if no case is filed in the children’s home state (or tribe) by the time the children have been in Washington for 6 months;

The children have now lived in Washington for 6 months; and

No case concerning the children has been started in the children’s home state (or tribe).

[ ] Other reason (specify):

9. Parenting Plan or Residential Schedule

[ ] Does not apply.

[ ] The court signed the final Parenting Plan or Residential Schedule filed separately today or on (date): .

[ ] Other findings:

10. Child Support

[ ] Does not apply.

[ ] Court Order – The court signed the final Child Support Order and Worksheets filed separately today or on (date): . Tax issues and post-secondary (college or vocational school) support are covered in the Child Support Order.

[ ] Administrative Order – The court is not issuing a child support order. There is an administrative child support order established by DSHS Division of Child Support (DCS) for the dependent children.

DCS child support orders do not cover tax issues or post-secondary (college or vocational school) support. Therefore, the court orders:

[ ] Tax Issues – The parties have the right to claim the children as their dependents for purposes of personal tax exemptions and associated tax credits on their tax forms as follows (describe):

For tax years when a non-custodial parent has the right to claim the children, the parents must cooperate to fill out and submit IRS Form 8332 in a timely manner.

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RCW 26.26B.020(7)(b) (07/2019) FL Parentage 333

Final Order and Findings for a Parenting Plan, Res. Sched. and/or

Child Support p. 6 of 8

Important! Although the personal tax exemptions are currently suspended under federal law through tax year 2025, other tax benefits may flow from claiming a child as dependent.

[ ] Post-secondary (college or vocational school) –The court orders:

[ ] A parent may ask the court for post-secondary support at a later date, but he/she must file that request before the duty to pay child support ends.

[ ] The parents must pay for the children’s post-secondary support. The parents will make a post-secondary support plan or the court will order one.

[ ] Post-secondary support is not required.

[ ] Other (specify):

[ ] Other findings:

11. Protection Order

[ ] No one requested an Order for Protection in this case.

[ ] Approved – The request for an Order for Protection is approved. The Order for Protection is filed separately.

[ ] Denied – The request for an Order for Protection is denied. The Denial Order is filed separately.

[ ] Renewed/Changed – The existing Order for Protection filed in or combined with this case is renewed or changed as described in the following order, filed separately (check one):

[ ] Order on Renewal of Order for Protection

[ ] Order Modifying/Terminating Order for Protection

[ ] Other findings:

12. Restraining Order

[ ] No one requested a Restraining Order in this case.

[ ] Approved – The request for a Restraining Order is approved. The Restraining Order is filed separately.

[ ] Denied – The request for a Restraining Order is denied.

[ ] Other findings:

13. Fees and Costs

[ ] Each party should pay his/her own fees and costs.

[ ] (Name): incurred fees and costs, and needs help to pay those fees and costs. (Name): has the ability to help pay fees and costs and should be ordered to pay the amount as listed in

the Money Judgment in section 16 below. The court finds that the amount ordered is

reasonable.

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RCW 26.26B.020(7)(b) (07/2019) FL Parentage 333

Final Order and Findings for a Parenting Plan, Res. Sched. and/or

Child Support p. 7 of 8

[ ] Fees for a guardian ad litem (GAL) or other court-appointed professional should be

paid as listed in the Money Judgment in section 16 below. The court has considered

relevant factors including each party’s ability to pay, and finds the fees as ordered are reasonable.

[ ] Other findings:

14. Other findings, if any

Court Orders

15. Decision (check all that apply):

[ ] Denied – The court denies the Petition. All temporary orders are ended.

[ ] Approved – The court approves the Petition. All temporary orders are ended. The court signed the following orders filed separately:

[ ] Parenting Plan [ ] Order for Protection

[ ] Residential Schedule [ ] Restraining Order

[ ] Child Support Order

[ ] Other orders:

[ ] The guardian ad litem is discharged. [ ] Check this box if the court previously signed a temporary Restraining Order and is not

signing a final Restraining Order in this case. Also check the “Clerk’s action required” box in the caption on page 1.

Name of law enforcement agency where the Protected Person lived when the Restraining Order was issued:

To the Clerk: Provide a copy of this Order to the agency listed above within 1 court day. The law enforcement agency must remove the temporary Restraining Order from the state’s database.

16. Money Judgment (summarized on page 1)

[ ] No money judgment is ordered.

[ ] The court orders a money judgment as follows:

Judgment for Debtor’s name (person who must pay money)

Creditor’s name (person who must be paid)

Amount Interest

[ ] Lawyer fees $ $

[ ] Guardian ad litem fees $ $

[ ] Court costs $ $

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RCW 26.26B.020(7)(b) (07/2019) FL Parentage 333

Final Order and Findings for a Parenting Plan, Res. Sched. and/or

Child Support p. 8 of 8

[ ] Other (specify):

$ $

The interest rate is 12% unless another amount is listed below.

[ ] The interest rate is % because (explain):

[ ] Other:

17. Other orders, if any

Ordered.

Date Judge or Commissioner

Petitioner and Respondent or their lawyers fill out below:

This document (check any that apply): This document (check any that apply):

[ ] is an agreement of the parties [ ] is an agreement of the parties

[ ] is presented by me [ ] is presented by me

[ ] may be signed by the court without notice to me [ ] may be signed by the court without notice to me

Petitioner signs here or lawyer signs here + WSBA # Respondent signs here or lawyer signs here + WSBA #

Print Name Date Print Name Date

[ ] Guardian ad Litem:

This document (check all that apply):

[ ] is an agreement of the parties

[ ] is presented by me

[ ] may be signed by the court without notice to me

GAL signs here Print name and WSBA # (if any) Date

[ ] If any parent or child received public assistance:

The state Department of Social and Health Services (DSHS) was notified about this Order, and has reviewed and approved the following orders:

[ ] Child support [ ] Medical support

[ ] Past due child support [ ] Other (specify):

Deputy Prosecutor signs here Print name and WSBA # Date

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Optional Form (05/2016) FL All Family 185

Notice of Hearing p. 1 of 1

Superior Court of Washington, County of

In re:

Petitioner/s (person/s who started this case):

And Respondent/s (other party/parties):

No.

Notice of Hearing

(NTHG)

Clerk’s action required: 1

Notice of Hearing

To the Court Clerk and all parties:

1. A court hearing has been scheduled:

for: at: a.m. p.m. date time

at: in court’s address room or department

docket / calendar or judge / commissioner’s name

2. The purpose of this hearing is (specify):

Warning! If you do not go to the hearing, the court may sign orders without hearing your side.

This hearing was requested by: Petitioner or his/her lawyer Respondent or his/her lawyer

Person asking for this hearing signs here Print name (if lawyer, also list WSBA #) Date

I agree to accept legal papers for this case at:

address

city state zip

(Optional) email:

This does not have to be your home address. If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may use the Notice of Address Change form (FL All Family 120). A party must also update his/her Confidential Information form (FL All Family 001) if this case involves parentage or child support.

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CR 5(b) Optional Form (05/2016) FL All Family 112

Proof of Mailing or Hand Delivery

p. 1 of 2

Superior Court of Washington, County of

In re:

Petitioner/s (person/s who started this case):

And Respondent/s (other party/parties):

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:

street address city state zip

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CR 5(b) Optional Form (05/2016) FL All Family 112

Proof of Mailing or Hand Delivery

p. 2 of 2

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.

Signed at (city and state): Date:

Signature of server Print or type name of server

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Waiver of Rights Under Service Members Civil Relief Act – Page 1 of 2

Superior Court of Washington County of _________________

In re the Parenting and Support of:

_________________________________

Child(ren)

_________________________________

Petitioner

and

_________________________________

Respondent.

No. ____________________

Waiver of Rights Under Servicemembers Civil Relief Act and Admission of Service (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 Servicemembers Civil Relief Act of March 4,

1918, as amended and the Military Servicemembers Civil Relief Act, RCW Ch. 38.42 . I waive my rights

under the Servicemembers Civil Relief Act and the Military Servicemembers Civil Relief Act, RCW Ch.

38.42 and I request the court to determine whether to grant the relief requested by the

petitioner/requesting party.

I received a copy of the Petition and Proposed Parenting Plan or Residential Schedule and the

following other documents: _______________________________________________________________

in this matter on (date).

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Waiver of Rights Under Service Members Civil Relief Act – Page 2 of 2

Name:

Rank:

Serial No.:

Unit:

Signed at ___________________________________, on _____________________________.

[Place] [Date]

Signature of Respondent/Nonrequesting Party

Print or Type Name

SUBSCRIBED AND SWORN to before me this day of ,

.

NOTARY PUBLIC in and for

the state of

,

residing at

.

My Commission Expires:

.

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EVALUATION FORM: How was this 3603EN FILE AN AGREED PETITION FOR PARENTING PLAN, RESIDENTIAL SCHEDULE AND/OR CHILD SUPPORT: PARENTAGE 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: