1. No category

Self-Help Guide for Getting an Ex Parte
Order to Move with Your Children
Instructions and Forms
November 2012
Table of Contents
Section 1: Introduction and Important Information ....................................................... 1
A.
What is a Motion for an Ex Parte Order? ............................................................. 1
B.
Should I use this packet? ..................................................................................... 1
C.
What if I have questions that this packet does not answer? ................................ 2
D.
What if the other party is in the military or the dependent of someone in the
military? ............................................................................................................... 3
Section 2: Steps to Take To File Your Motion ............................................................... 4
Section 3: What is In This Packet? ................................................................................. 6
Section 4: Will I Need Other Forms that are not In This Packet?................................. 7
Section 5: Follow These General Instructions Before You Begin To Fill Out the
Forms ........................................................................................................... 8
Section 6: Instructions for Filling out Each Form ....................................................... 12
A.
Motion/Declaration for Ex Parte Order to Waive Requirements for Notice of
Intended Relocation of Children - WPF DRPSCU 07.0550 .............................. 12
B.
Declaration of Witness – WPF DRPSCU 01.0100............................................. 13
C.
Ex Parte Order Waiving Notice Requirements for Relocation of Children –
WPF DRPSCU 07.0555 .................................................................................... 14
D.
Motion/Declaration for an Ex Parte Order Allowing Change of Children’s
Principal Residence (Relocation) - WPF DRPSCU 07.0800 ............................. 14
E.
Ex Parte Order Re: Change of Children’s Principal Residence (Relocation) WPF DRPSCU 07.0830 .................................................................................... 15
F.
Motion/Declaration for Ex Parte Order Modifying Parenting Plan/Residential
Schedule (Relocation) - WPF DRPSCU 07.0950 .............................................. 16
G.
Ex Parte Order Modifying Parenting Plan/Residential Schedule (Relocation) WPF DRPSCU 07.0955 .................................................................................... 17
Section 7: Instructions for Filing and Serving Papers ................................................ 19
A.
Filing your Motion with the Court and Asking the Judge to Sign Your Order ..... 19
B.
Preparing to Serve Your Ex Parte Order and Related Papers ........................... 20
Section 8: Checklists of Forms According to Your Specific Needs .......................... 23
A.
If you want to file a Motion for an Ex Parte Order Waiving the Notice
Requirements for Moving with Children: ............................................................ 23
Table of Contents - 1
B.
If you want to file a Motion for an Ex Parte Order Granting You Permission to
Move during the objection period: ..................................................................... 23
C.
If you want to file an Ex Parte Motion for an Order Granting Permission to
Move and Modifying your Parenting Plan: ......................................................... 24
Section 9: Blank Forms ................................................................................................. 25
3134EN
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 the date of its printing, November 2012.
© 2012 Northwest Justice Project — 1-888-201-1014
(Permission for copying and distribution granted to the Alliance for Equal Justice and to
individuals for non-commercial use only.)
Table of Contents - 2
Section 1: Introduction and Important Information
A.
What is a Motion for an Ex Parte Order?
It is a way for you to ask the court to enter a court order giving you certain relief that takes
effect right away, with little or no notice to the other parent 1. The court usually does not want
to enter an order before the other parent has a chance to tell her/his side of the story.
 You will see footnotes in this packet. They will tell you the law that
supports the statement that comes before the footnote, or will give you
special tips, links to relevant websites, or other additional information. Use
the legal references in the footnotes to look up the law. CR is the Civil
Rules of Washington. The references to the law are up to date as of the
date this packet is published. The law sometimes changes before the
packet can be updated.
B.
Should I use this packet?
This packet will help you fill out and file the forms and papers you need for a Motion for Ex
Parte Orders when your case fits one of the following scenarios:
Ex Parte Motion for Waiver of Notice Requirements:
You need to move with your child 2. You do not want to provide notice to the other parent. It
would unreasonably put you or the child’s health and/or safety at risk to provide some/any of
the required information about where you are moving to.
Ex Parte Motion for Order Allowing Relocation During the 30-Day Period for Objection:
You have provided notice of your plan to move to the other parent. The 30-day period has not
yet run. You have urgent reasons for moving before the 30 days are up. You can file this motion
without further notice to the other parent, if it does not affect the other parent’s rights to the
child under your parenting plan 3. If you need to change the parenting plan as well, do not use
this motion. See the next option below.
 If the other party has already objected and requested a hearing, then a
court probably will not give you an emergency order without hearing the
other parent’s side of the story.
In this packet, we will refer to the other party as the other parent. Your case may have more than two parties. For
instance, sometimes the State is a party.
1
2
Your case may involve more than one child. We will say “child” for short.
In this packet, we will use the term “parenting plan” for short to refer to both parenting plans and residential
schedules.
3
Ex Parte Order for Relocation Cases - 1
Ex Parte Motion for Modification of Parenting Plan due to Relocation:
You have provided notice of your plan to move and a proposed new parenting plan to the
other parent, who has not objected in the time period to do so. You are moving outside of the
child’s school district. The move will affect the other parent’s rights. You can file this motion
with no further notice to the other parent.
Note: If
•
you have provided notice of your plan to move to the other parent and
•
the other parent has not objected within the thirty-day period allowed and
•
you have not asked to change the parenting plan
then you do not need to file any motion at all. You automatically have permission to
move after the objection period has run. However, you must keep following your
existing parenting plan.
 Survivors of Domestic Violence or Unlawful Harassment: If the other
parent has a history of physically harming you or the child, or has
threatened to do so, or if you are a victim of unlawful civil harassment by
the other parent, then think about filing a petition for an Order for
Protection if you need protection right away. Orders for Protection offer
strong safety restraints. Protection order forms are available from the
court clerk, from your local domestic violence program, or call the 24-hour
domestic violence hotline at 1-800-562-6025. Our publication Domestic
Violence: How the Legal System Can Help Protect You has more
information. The “petitioner” in the protection order forms is always the
protected person, even if s/he was the respondent in other related court
matters
 Getting an Order of Protection does not allow you to skip the relocation
process. It might allow you to delay notification 21 days when you are
entering a domestic violence shelter or moving to avoid clear, immediate,
and unreasonable risk. RCW 26.09.460(3).
C.
What if I have questions that this packet does not answer?
You should talk with a lawyer familiar with family law before you file anything. Many counties
have family law facilitators who can help you fill out forms, or have free legal clinics where you
may get specific legal advice about your case. If you are low-income and do not live in King
County, call CLEAR at 1-888-201-1014. If you live in King County, call the King County Bar
Association’s Neighborhood Legal Clinics at (206) 267-7070 between 9:10 a.m. and 12:25 p.m.,
Monday – Thursday, to schedule a free half-hour of legal advice. (Ask for a family law clinic.) Or
Ex Parte Order for Relocation Cases - 2
go to the website www.washingtonlawhelp.org for our legal information publications about
your family law case and information about legal aid programs in your area.
D.
What if the other party is in the military or the dependent of
someone in the military?
If the other party is a member on active duty in the military, 4 or is the dependent2 of a service
member who is a resident of Washington on active duty and a National Guard member or a
Reservist, talk with a lawyer before filing your request with the court. There are special rules
for members of the military and certain dependents. Those rules may limit the court’s ability to
make any orders adversely affecting the rights of the service member or his/her protected
dependent.
4
Service members who are protected by the federal Service Members Civil Relief Act, 50 U.S.C. App. Sections 501
et seq. include all members on Federal active duty, including regular members of the Armed Forces (Army, Navy,
Air Force, Marine Corps and Coast Guard); Reserve, National Guard and Air National Guard personnel who have
been activated and are on Federal active duty (whether as volunteers or as a result of involuntary activation);
inductees serving with the armed forces; Public Health Service and National Oceanic and Atmospheric
Administration Officers detailed for duty with the armed forces; persons who are training or studying under the
supervision of the United States preliminary to induction; and National Guard and Air National Guard personnel on
duty for training or other duty authorized by 32 U.S.C. §502(f) at the request of the President, for or in support of
an operation during a war or national emergency declared by the President or Congress. U.S. Coast Guard Legal
Assistance Service Members Civil Relief Act Guide at
http://www.uscg.mil/legal/la/topics/sscra/sscra_guide.htm#coverage. For Washington State’s Service Members
Civil Relief Act, see RCW 38.42.010 and so on.
Ex Parte Order for Relocation Cases - 3
Section 2: Steps to Take To File Your Motion
The following are the steps to follow in filing your motion. Use this checklist as you go through
your case. Many of the steps are explained in more detail later in this packet.
 IF YOU ARE FILING FOR AN EX PARTE ORDER TO MODIFY YOUR
PARENTING PLAN:
State law says 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 and
*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.
 1. Ask your local court clerk or family law facilitator about procedures your court is using
under this law. You may need to use local forms and procedures not described in this
packet.
 2. Gather Your Evidence. If you are filing to waive some or all notice requirements to the
other parent because of risks to your health/safety or to the health/safety of your child,
you should include evidence to support your claims. Think carefully about whether there is
information that will help show that what you are telling the court is correct. Your evidence
could include:
•
Declarations of Witnesses – Declarations (sworn written statements) by you and
from other people who have personal knowledge about you, the other parent,
or the child.
•
Records – examples include bills, records of past criminal convictions, medical or
mental health treatment, grades and other school records, and daycare records.
•
Photographs – if they help prove your claim/s.
 3. Gather any other Forms that You Need.
 4. Follow the General Instructions and fill in the captions of all of the forms.
Ex Parte Order for Relocation Cases - 4
 5. Complete All of the Forms You Need from this and other packets.
 6. Make the Needed Copies of Each of the Completed Forms and Other Documents that
you are filing with the court.
 7. Go to the courthouse. Ask the Judge to Sign Your Ex Parte Order.
 8. Get Certified Copies of the Ex Parte Order for yourself and the other party after the
Judge Has Signed It. Get conformed copies for any other parties. You cannot leave the
courthouse with the original of the order. You may need to pay for the certified copy (often
$2-5 for the first page, and $1-3 for each extra page). Regular (noncertified) copies usually
cost much less (15 – 50 cents per page).
 9. File Your Papers with the Court Clerk’s Office in the Superior Courthouse where your
family law case was filed. Conform the copies.
 10. Organize your papers for service. Make any needed extra copies. Mail the Ex Parte
Order & any other papers to the Other Parent. (If the Order was to move without
providing some or all notice requirements, you should serve the other parent either
personally or by return receipt mail. See more below at “Preparing to Serve Your Ex Parte
Order and Related Papers.”)
Ex Parte Order for Relocation Cases - 5
Section 3: What is In This Packet?
This packet has many of the forms you will need to file one of the Motions covered by this
packet. Or you may download court forms in Word format at http://www.courts.wa.gov/forms.
Read the next section to decide what other forms and packets you will need for your motion.
Section 8 of this packet has a list to help you figure out which the following forms you will
need, depending on your situation.
Here are the blank forms in this packet:
Form Title
Form Number
Motion/Declaration for Ex Parte Order to Waive
Requirements for Notice of Intended Relocation of
Children (MTAF)
WPF DRPSCU 07.0550
Declaration of Witness
WPF DRPSCU 01.0100
Ex Parte Order Waiving Notice Requirements for
Relocation of Children (ORWVRQR)
WPF DRPSCU 07.0555
Motion/Declaration for an Ex Parte Order Allowing
WPF DRPSCU 07.0800
Change of Children’s Principal Residence (Relocation)
(MTAF)
Ex Parte Order Re: Change of Children’s Principal
Residence (Relocation) (ORDYMT or ORGRRE)
WPF DRPSCU 07.0830
Motion/Declaration for Ex Parte Order Modifying
Parenting Plan/Residential Schedule (Relocation)
(MTAF)
WPF DRPSCU 07.0950
Ex Parte Order Modifying Parenting Plan/Residential
Schedule (Relocation) (ORMDPP)
WPF DRPSCU 07.0955
Return of Service
WPF DRPSCU 01.0250
Ex Parte Order for Relocation Cases - 6
Section 4: Will I Need Other Forms that are not In This Packet?
It depends on where your case is filed. You may need to pay a filing fee if you are filing for an
order to waive some or all notice. If you cannot afford to pay the filing fee, you can file a
motion to have it waived. Check with the Court Clerk’s office or Family Law Facilitator in your
county for more information. They may have developed their own forms for you to use.
Otherwise, use our packet titled Filing a Motion for Waiver of Your Filing Fee.
 Some county clerk’s offices have forms and local rules available online.
Check whether yours are online at the court website:
http://www.courts.wa.gov/rules/local.cfm?group=superior.
Ex Parte Order for Relocation Cases - 7
Section 5: Follow These General Instructions Before You Begin
To Fill Out the Forms
These general instructions will apply to all the forms you complete.
The caption. The caption includes the name of your case, the case number, the name of the
court, the title of the court paper and, sometimes, the type of case. It appears at the top of the
first page of every form.
Name of the court: Write in the name of the county where the case is filed in the blank space
where the form reads "Superior Court of Washington County of
."
Name of the case: Copy the case name from the petition.
Case number. Your current parenting plan will have its own case number near the top on the
right hand section of the first page after "No." (That’s the abbreviation for “number.”) Copy
that case number into the same space on the first page of each of the forms you are filling out.
 You must write the case number on the first page of every copy of every
paper you file with the court and on the copies you make for the other
parent. Otherwise, your papers may be lost, or they may be returned to
you. Some courts will also fine you for filing incorrect forms.
Title. Each form has a title. It is on the right-hand side of the form under the case number.
Sometimes the full title is pre-printed on the form. Sometimes you must add more information
to complete it. (Example: on a declaration, you write in the name of the person completing the
declaration.)
 Format: Pleadings (legal forms) that you file with the court and
attachments to those pleadings must follow the court rules about size and
margins (GR 14(a)). Use regular size (8 ½ x 11”) white paper. 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 left, right and
bottom margins (and the top from the second page on) must be at least
one-inch wide. Use black or dark blue ink. If your forms do not follow these
rules, the court clerk may refuse to file them or may make you pay a fine.
The contents. Fill out each form according to the instructions for that form. In most counties
you may print or type the information, but it must be readable and you must use BLACK OR
DARK BLUE INK. A few counties require that all documents be typed. After filling out each form,
re-read it to be sure you have correctly filled in all the blanks you need to. If you have to make
corrections, be sure the correction is neat and readable. Do not write in the margins of any
page: the clerk may reject your form.
Ex Parte Order for Relocation Cases - 8
Case number. When the petitioner first files the papers to begin the case and pays the filing
fee (or has the fee waived), the court clerk will assign a case number. All parties must write
that case number on every paper they file with the court and serve on the other parties during
the case. Write the case number near the top on the right hand section of the first page of
every form after "No." (abbreviation for “number”). When the petitioner first files the case,
s/he may be able to use a special stamp at the court clerk’s counter to stamp the case number
on each paper. It does not matter if the case number is written or stamped. If you are filing a
modification/adjustment case in the same court that entered the order you are asking to
modify/adjust, use the case number on that order.
 You must write or stamp the case number on the first page of every copy
of every paper you file with the court and on the copies you make for
other parties. If you do not, your papers may be lost, or they may be
returned to you. Some courts will also fine you for filing incorrect forms.
Title. Each form has a title. The title is on the right-hand side of the form under the case
number. Sometimes the full title is pre-printed on the form. Sometimes you must add more
information to complete it. (Example: on a declaration, you write in the name of the person
completing the declaration.)
 Format: Pleadings (legal forms) that you file with the court and
attachments to those pleadings must follow the court rules about size and
margins (GR 14(a)). You must use regular size (8 ½ x 11”) white paper. 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 the instructions for that form. In most counties
you may print or type the information, but it must be readable and you must use BLACK OR
DARK BLUE INK. A few counties require that all documents be typed. After filling out each form,
re-read it to be sure you have correctly filled in all the blanks you need to. If you have to make
corrections, be sure the correction is neat and readable. Do not write in the margins of any
page or the clerk may reject your form.
Dates. On the last page of most forms (not including orders), there is a space for the person
who completes a form to write the date that the form is signed. Dates in orders will be filled in
by the judge when s/he signs the order.
Signatures.
•
Your signature
Ex Parte Order for Relocation Cases - 9
After you fill out a form, look for the place(s) requiring your signature:
o Some forms have one signature line for “petitioner” or “respondent.” After you
fill out a form such as the petition, sign at the place that applies to you. Look
carefully. Some forms require you to sign in more than one place. Some forms
require a date, and the place (city, state) that you signed the form, as well as a
signature.
o When you prepare and file motions, you are the moving party. After you
prepare a motion look for each place marked “signature of moving party or
lawyer.” Look carefully. Some forms require you to sign in more than one place.
Some forms require a date, and the place (city, state) that you signed the form,
as well as a signature.
o When you prepare an order and plan to present it for the judge to sign, look for
each place marked “presented by.” Sign in the space underneath.
•
Judge’s Signature: Leave the judge’s signature line and the date blank.
•
Other party’s signature: Certain forms you prepare have a place for other parties to
sign. You cannot force another party to sign a court paper – s/he can choose to sign, or
not. However, if you have prepared an order after a hearing, the other party may be
willing to sign the form you have prepared if s/he agrees it accurately states the judge’s
decisions (or the judge may require the other party to sign), even if the party is not
happy with the decision itself.
o Agreed orders. If the other party agrees with the orders you have written, that
party should sign in the appropriate place (petitioner/respondent/moving or
nonmoving party) on each court order that is agreed.
o Approved for entry/Notice of Presentation Waived. If you are the respondent or
nonmoving party, or if you did not prepare the order, you may be asked to sign
in a blank under these words. If you check “Approved for entry,” this means that
you are agreeing that the judge should sign the order as it is written. If “Notice
of Presentation Waived” is checked, that means that you are agreeing that the
other party can give the order to the judge for him/her to sign without letting
you know when the other party is going to take that order to the judge.
•
Other signatures/Declarant’s Signature: If someone else must sign a form (such as a
witness or the person serving papers), be sure they fill out all information correctly and
sign in the proper space provided. In a declaration form, the “declarant” is the person
who’s writing the declaration.
Place signed. Declarations and Returns of Service must include the place they’re signed, as well
as the date (example: Signed this 10th day of October 2012 at Seattle, WA).
Identifying Information. Court rules try to protect privacy but also allow for public access to
certain information in court files. There may be important information you want the court to
consider in your relocation case that is also private in nature. See the box below for how to
protect your privacy in those instances.
Ex Parte Order for Relocation Cases - 10
If you use a sealed cover sheet, the information you are looking to protect will usually be
available to the other parent and the court but it will not be placed in the public file.
Medical or Mental Health Records or Information: If you file papers that have health or
mental health information (information about past, present, or future physical or mental
health of a person, including insurance or payment records), you must attach the papers to a
Sealed Personal Health Care Records form so that they will not be available to the public. Get
the form, (form number WPF 01.0300) at http://w
ww.courts.wa.gov/forms/?fa=forms.static&staticID=14.
Confidential Reports: Reports such as Parenting Evaluations, CPS Reports, Domestic Violence
Assessments, and Guardian ad Litem Reports that are intended for court use must have two
sections, a public section and a private section. The private section of the report should be
attached to a Sealed Confidential Reports Cover Sheet. Get the form (form number WPF
DRPSCU 09.270) at http://www.courts.wa.gov/forms/?fa=forms.static&staticID=14m.
Other Kinds of Confidential or Embarrassing Information Not Mentioned Above. If the paper
that you want to keep confidential is not in the above list, you may need to file a motion with
the court to ask that that paper, or part of a paper, be sealed under General Rule (GR) 15.
There is no packet that tells you how to do this. There are presently no mandatory forms for
this type of motion. Talk to a lawyer.
Ex Parte Order for Relocation Cases - 11
Section 6: Instructions for Filling out Each Form
A.
Motion/Declaration for Ex Parte Order to Waive Requirements
for Notice of Intended Relocation of Children - WPF DRPSCU
07.0550
Caption. Fill in the caption.
Section I. Motion.
Write in the date. Sign your name as the “Signature of Moving Party or Lawyer.” Print your
name on the line below.
Section II. Declaration.
Paragraph 2.1. Reasons for Waiver of Notice Requirements. This asks you to identify all the
information that you cannot disclose because of the risk to your health/safety or the
health/safety of your child. Check all the boxes that apply to your situation.
Paragraph 2.2. Describe the unreasonable risk to health and safety that notice of this
information may cause: Write the injuries you are afraid will happen if you do not get the ex
parte order. Examples: the destruction of property, getting hit or hurt by the other parent, or
your child being taken away or hurt by the other parent.
Paragraph 2.3. If the other parent is not on active duty in the military, write in “Does Not
Apply.”
If the other parent is on active military duty, check the box. Then, in the blank, explain why you
need to get this court order before the other parent can return.
Paragraph 2.4. Other.
Use this to make any special requests unique to your situation.
Signature. Fill in the date and location. Sign in the appropriate spaces. Print your name. If you
attach extra pages, ALSO add your signature, the date and location, and the wording “I declare
under penalty of perjury under the laws of the State of Washington that the foregoing is true
and correct” at the end of your statement.
Section III. Efforts to Give the Other Party Notice. Write in the blank what you will do to
contact the other parent or his/her lawyer before you go to get your ex parte order signed. If
you are not going to try to give the other parent notice before you get your ex parte order
signed, write that in the blank. Write the reasons why the court should not require notice.
Example: you fear that notice would result in the other parent hurting you or destroying
property.
Signature. Date and sign the form. Print your name in the blank below your signature.
Ex Parte Order for Relocation Cases - 12
B.
Declaration of Witness – WPF DRPSCU 01.0100
 If you are looking for an order waiving some or all of the notice
requirements due to personal risk, you should provide evidence with your
motion. One way to do this is to submit the declaration of a witness. We
strongly recommend use of this form.
 If you are filing one of the other motions, skip this section.
A Declaration is a statement, sworn to be the truth under penalty of perjury, by any person
who has direct knowledge about the issues in your motion. A Declaration of Witness should be
used for people who are making statements on your behalf, such as family members, friends,
teachers, counselors, or other people who have directly seen, heard or otherwise witnessed
important events that impact your situation.
You can attach relevant documents to anyone’s Declaration, such as copies of bills, school
records, medical or treatment records, police records, and so on, as long as the attachments
follow the court’s format rules. (See section 5, above.) You will call the papers that you attach
to your declaration Exhibits. You will either number them (1,2,3) or letter them (A,B,C). If the
declarant 5 refers to private health or financial information in a declaration or wants to put it in
the declaration, do not attach the exhibit directly. Read Section 5 for more information about
sealed cover sheets.
 By presenting a declaration from a witness, you may be giving up the right
to keep confidential other information that witness may have about you or
the child.
Filling out the Declaration form
Caption.
Fill out the caption. Make as many copies of this form as you will need before anyone adds
other information. This way, you will have blank forms with just the caption on them. You may
give a copy to each witness to fill out and have one for you to use, where needed.
On the right side of the caption, after the words “declaration of,” write in the witness’s name.
This declaration is made by.
Write in the name, age and the relationship to the parties in the case (examples: “Maria
Garcia” “29,” “petitioner’s friend,” mother’s counselor,” “child’s daycare provider”) in the
blanks.
5
A declarant is the person who writes and signs a declaration.
Ex Parte Order for Relocation Cases - 13
Blank Lines
On the blank lines, after the words “I declare,” the person writing the declaration should type
or print neatly in black ink the information that s/he wants to tell the judge. (A few courts
require all declarations to be typed.) Follow the suggestions in the paragraphs above.
Signature Line
Have the witness date and sign at the signature line. Print his/her name and the city and state
where s/he signed the declaration. Declarations do not have to be notarized. The witness is
swearing the statements are true under the penalty of perjury.
C.
Ex Parte Order Waiving Notice Requirements for Relocation of
Children – WPF DRPSCU 07.0555
Caption. Fill in the caption.
Section I. Basis
Read this paragraph.
Section II. Findings.
If the other parent is on active duty in the military, check the box. If the other party is not on
active duty in the military, write in “Does Not Apply.”
Section III. Order.
Paragraph 3.1. Check the boxes for all of the information you want to keep out of the notice to
the other parent. Check the first box if you want to be excused from providing any notice at all.
Paragraph 3.2. Other.
Leave this blank in case the judge needs to add anything unique to your situation.
Signature. Do not write the date or time or write on the judge’s signature line. Under
“Presented by,” sign your name. Print your name on the blank below that.
D.
Motion/Declaration for an Ex Parte Order Allowing Change of
Children’s Principal Residence (Relocation) - WPF DRPSCU
07.0800
Caption. Fill in the caption.
Section I. Basis
Read this paragraph.
Section II. Declaration.
Paragraph 2.1. Read this.
Ex Parte Order for Relocation Cases - 14
Paragraph 2.2. Read this.
Paragraph 2.3. Write in the blank space all the reasons you need an emergency order letting
you move with the child before the thirty-day objection period is up.
 Example: The other parent was arrested for aggravated assault against
you. You fear for your health and safety if you stay in your current location.
 Another example: You are about to lose your housing. You cannot wait the
full thirty days to move. The other party probably will not object.
Paragraph 2.4. If the other parent is not on active duty in the military, skip this paragraph.
If the other parent is on active military duty, check the box. In the blank, explain why you need
to get this court order before the other parent can return.
Paragraph 2.5. Other. Use this to make any special requests unique to your situation.
Signature. Fill in the date and location and sign in the appropriate spaces. Print your name. If
you attach extra pages, ALSO add your signature, the date and location, and the wording “I
declare under penalty of perjury under the laws of the State of Washington that the foregoing
is true and correct” at the end of your statement.
Section III. Efforts to Give the Other Party Notice. Write in the blank what you will do to
contact the other parent or his/her lawyer before you go to get your ex parte order signed. If
you are not going to try to give the other parent notice before you get your ex parte order
signed, write that in the blank. Write the reasons why the court should give you ex parte
permission to move. Example: the other parent has made a real and serious threat to hurt you.
Signature. Date and sign the form. Print your name in the blank below your signature.
E.
Ex Parte Order Re: Change of Children’s Principal Residence
(Relocation) - WPF DRPSCU 07.0830
Caption. Fill in the caption.
Section I. Basis
Read this paragraph.
Section II. Findings.
2.1 If you served the Notice of Relocation on the other parent with a proposed parenting
plan, check the first box.
Check the second box if you did not serve a proposed parenting plan with the Notice of
Relocation AND you want to modify the parenting plan. Use the “other” box below to write in
what should happen with your parenting plan.
Ex Parte Order for Relocation Cases - 15
 If you did not serve a Notice of Relocation on the other parent, stop here.
YOU CANNOT USE THIS MOTION.
2.2
Check the box that applies.
2.3
If the other parent is on active duty in the military, check the box. If the other party is
not on active duty in the military, skip this paragraph.
2.4
Leave this blank in case the judge needs to add anything unique to your situation. If you
did not serve a proposed parenting plan but you do want or need your parenting plan to
change, write in here what you want to happen to your current parenting plan.
Section III. Order.
Paragraph 3.1. Check the second box.
Paragraph 3.2. Leave this blank in case the judge needs to add anything unique to your
situation.
Signature. Do not write the date or time or write on the judge’s signature line. Under
“Presented by,” sign your name. Print your name on the blank below that.
F.
Motion/Declaration for Ex Parte Order Modifying Parenting
Plan/Residential Schedule (Relocation) - WPF DRPSCU 07.0950
Caption. Fill in the caption.
Section I. Motion. Sign and print your name, and fill in the date you signed.
Section II. Declaration.
Paragraph 2.1. Read this.
Paragraph 2.2. Read this.
Paragraph 2.3. Check the box that fits your situation.
 If the statements in Paragraphs 2.1 and 2.2 are not true for you, then you
cannot file this motion.
Paragraph 2.4. Read this.
Paragraph 2.5.
In 2.5.1:
Write in the name of the other parent. If the other parent is not in the military, check the first
box in “A.” Skip to paragraph 2.6.
Ex Parte Order for Relocation Cases - 16
If the other parent is in the military, check the box in “A” that applies. Then check the box in
“B” that applies.
 STOP HERE if you cannot check either box. Talk to a family law attorney.
If the other parent has a lawyer, check the first box in “C.” If the court has appointed the other
parent a lawyer, check the second box in “C.” If the court is delaying the proceedings, check
the third box in “C” and the box next to “has.” If the court is not delaying the proceedings,
check the box next to “has not.”
In 2.5.2:
In “A,” fill out the other parent’s name in the blank.
If the other parent is not the dependent of someone on active military duty, check the first
box. Go to “B.”
If the other parent is the dependent of someone on active military duty 6, check the second
box. Skip “B.” Go to “C.”
If you do not know if the other parent is the dependent of someone on active military duty,
check the third box. Go to “B.”
In “B,” check the first box if it applies. Otherwise, check the second box. Write in how you know
that the other parent is not the dependent of someone on active military duty.
Check the first box of “C” if you checked the second box in “A.” Then check all the other boxes
underneath that apply.
2.5 Other. Use this to make any special requests unique to your situation.
Signature. Date and sign the form. Print your name in the blank below your signature.
G.
Ex Parte Order Modifying Parenting Plan/Residential Schedule
(Relocation) - WPF DRPSCU 07.0955
Caption. Fill in the caption.
Section I. Basis
Read this paragraph.
Section II. Findings.
Paragraph 2.1. Read this.
6
“Active military duty” includes a reservist who has been called up, and all branches of the military.
Ex Parte Order for Relocation Cases - 17
Paragraph 2.2. Read this.
Paragraph 2.3. Check the box that applies.
 If 2.1 and 2.2 are not true, you cannot use this motion.
Paragraph 2.4:
2.4.1: Check the box that applies.
2.4.2: Check the box that applies.
Section III. Order.
Check the second box. Check “other” if any special requests were included in the motion.
Signature. Do not write the date or time or write on the judge’s signature line. Under
“Presented by,” sign your name. Print your name on the blank below that.
Ex Parte Order for Relocation Cases - 18
Section 7: Instructions for Filing and Serving Papers
After you have filled out the forms, file them with the court. This section explains how to do so.
Before filing and serving your papers, make sure you have completed all the forms you need,
including any local forms.
A.
Filing your Motion with the Court and Asking the Judge to Sign
Your Order
 Make at least two copies of every paper, including the proposed order. One copy is for the
other parent. One is for you. If there is more than one other party to your case, make extra
copies.
 Organize your forms into three full sets: one set of originals and two sets of copies.
Compare each set with the checklists of forms in this packet to make sure each set has the
appropriate forms.
 Call the Superior Court clerk's office or family law facilitator to find out where you go to
get your Ex Parte Order signed, and during what hours or on what specific days to do that.
 Notify the other parent (or their lawyer) if you are giving them notice of the ex parte order.
Please refer back to the section on your specific Motion for more information.
 Go to the courthouse courtroom number at the time the clerk’s office gave you. Look for
a clerk or bailiff so you can sign in (usually someone sitting at a desk near the judge). Give
the clerk the set of the originals of your papers. Sit down to wait for your turn. When your
case is called, tell the court that you are there. When told to come forward, tell the court
that you want an Ex Parte Order. The court may ask you why you need the ex parte order
and, if you did not notify the other party, why the other party should not be notified before
signing it. Try to write out a list of the things you plan to say at the hearing beforehand.
Take it with you when you talk with the judge. You will have only five or ten minutes to
explain why you need the order. The judge may make changes to your order, and then may
sign it. The judge should then give you all of your papers back, including the signed order.
Do not make any changes to the Ex Parte Order the judge signed. Do not leave the
courthouse with the original order.
 Go to the court clerk’s office to file your papers.
o Make copies of the signed Ex Parte Order showing the judge’s signature. You will
pay for certified copies. Many clerk’s offices do not take personal checks.
o Ask the clerk to file the originals of all of your papers (Motion, declarations, Ex
Parte Order).
o Ask the clerk to stamp your copies of the papers you filed (motion, declarations,
and so on.) to show the date that you filed the originals of your other forms and
to show the judge’s signature on any order(s) s/he signed. Take the stamped
copies back from the clerk. The clerk will keep the originals.
Ex Parte Order for Relocation Cases - 19
B.
Preparing to Serve Your Ex Parte Order and Related Papers
After the judge has signed your ex parte order:
You do not have to do this, but you should mail a copy of your signed Order to the other parent
(and any other parties to the case).
How to copy and organize your papers for mailing to the other parent:
Make any extra copies of the papers you will need:
_____ one set for you
_____ one set for each other party (1 x ____ number of other parties =) Make sure the Ex
Parte Order shows the date the order was filed in court and the judge’s signature.
Organize the papers:
•
Organize the forms into sets. Each set should have a copy of each form you have filled
out.
•
Compare each set with the checklists in this packet to be sure you have the forms you
need.
•
Put one certified copy of the Ex Parte Order in the set for the other parent and keep the
other copy with you at all times.
•
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.
1.
Instructions for personal service in Washington
•
You must properly follow the rules when you are having the other parties personally
served. Do not serve the documents on the other parties yourself. Find a person who is
over age 18 to serve the papers for you.
•
Consider hiring a professional process server. If you can afford it, think about hiring a
professional process server or the sheriff to serve the papers for you. It usually costs
$30-$80. Using a professional process server may be best. The sheriff may not be willing
to try more than once to serve the other party who may not be at home when the
sheriff tries to serve them. Process servers are listed in the yellow pages of the
telephone book.
•
Ask an adult friend to be your process server. If you cannot afford a process server or
the sheriff, any adult over age 18, who is not a party in the case and who has no mental
disability making them incompetent, may serve the papers for you. That person must
understand how important it is to serve the papers and fill out the return of service
form correctly. If you do not serve the other parties properly, then your court orders
could be set aside, even years later.
Ex Parte Order for Relocation Cases - 20
Give your server (the sheriff, a process server, or the adult friend who has agreed to serve the
papers for you) the envelope of papers you prepared for service on the other party, together
with the other party’s home and work address, a physical description of the other party, and
any other information that will help the server locate the other party for service.
Give your server a Return of Service form to fill out and return to you once service is complete.
(Some process servers have their own Return of Service form that they will fill out and give to
you instead.)
2.
Instructions for the Return of Service form – WPF DRPSCU
01.0250
Your server will need to complete a separate Return of Service for each party s/he serves. After
your server has completed service and signed the Return of Service form(s), file it with the
court.
Caption.
Fill out the caption.
Paragraph 2.
Write the name of the party being served in the blank. Read the list of forms and check the box
to the left of each form served on that party. Sometimes you must fill in a blank to better
describe a form. (Example: if you check the box after “declaration,” write in the name of the
person who wrote the declaration.) If you had the other party served with any forms that are
not listed, check the box marked “other.” Then write in the names of those other forms. List
ALL the forms that were served on the other party. If you leave a form off your list, you will
have no proof that the other party received it.
Paragraph 3.
The server should fill in the date, time (show a.m. or p.m.) and address where the papers were
served.
Paragraph 4.
If the server gave the papers directly to the other party, check the first box. If the server did
abode service 7, check the second box. Fill in the name of the person to whom the papers were
given.
Paragraph 5.
If your server did not include this form, skip this paragraph.
Paragraph 6.
In the “Other” section, your server may write extra information. Example: if your server tries
several times to serve the other party but s/he is never home or cannot be found, the server
should write the dates and times and descriptions of each time the server tried to serve the
If you do not know what “abode service” means, look back at the explanation for abode service in the
instructions for personal service section
7
Ex Parte Order for Relocation Cases - 21
other party. Or, if the server gave the papers to an adult living with the other party who would
not give his/her name, the server should write what the person who received the papers looks
like.
Signature.
The server should write the city and state where s/he signed the form, write in the date, and
sign where it says “Signature.” Then s/he should print or type his/her name where it says “Print
or Type Name.”
Usually only professional servers will use the box for fees and mileage.
3.
Filing Your Proof of Service
Gather your original signed Return(s) of Service. Have one for each of the other parties. Make
one copy of each original. Take the originals and the copies to the court clerk’s office. Give the
originals to the clerk. Ask the clerk to stamp the date of filing on your copies. Keep the copies
in a safe place. Take them with you to your hearing(s). You may need them to prove to the
judge that you served the other party.
 The safety restraints may not take effect until the other party is personally
served with the order.
Ex Parte Order for Relocation Cases - 22
Section 8: Checklists of Forms According to Your Specific Needs
A.
If you want to file a Motion for an Ex Parte Order Waiving the
Notice Requirements for Moving with Children:
□ Motion and Declaration for Ex Parte Order to Waive Requirements for Notice of
Intended Relocation of Children
□ Ex Parte Order Waiving Notice Requirements for Relocation of Children
□ Return of Service (Notice of Intended Relocation of Children)
You might also include:
□ Declaration(s)
□ Financial Documents
If you are filing confidential information, you will need one or more of the following sealed
records cover sheets:
□ Sealed Financial Source Documents Form
□ Sealed Personal Health Care Records (Cover Sheet)
□ Sealed Confidential Reports (Cover Sheet)
B.
□
If you want to file a Motion for an Ex Parte Order Granting You
Permission to Move during the objection period:
Motion/Declaration for an Ex Parte Order Allowing Change of Children’s Principal
Residence
□ Ex Parte Order Re: Change of Children’s Principal Residence (Relocation)
You might also include:
□ Declaration(s)
□ Financial Documents
If you are filing confidential information, you will need one or more of the following sealed
records cover sheets:
□ Sealed Financial Source Documents Form
□ Sealed Personal Health Care Records (Cover Sheet)
□ Sealed Confidential Reports (Cover Sheet)
Ex Parte Order for Relocation Cases - 23
C.
If you want to file an Ex Parte Motion for an Order Granting
Permission to Move and Modifying your Parenting Plan:
□ Motion/Declaration for Ex Parte Order Modifying Parenting Plan/Residential Schedule
(Relocation)
□ Ex Parte Order Modifying Parenting Plan/Residential Schedule (Relocation)
□ Parenting Plan or Residential Schedule
Ex Parte Order for Relocation Cases - 24
Section 9: Blank Forms
The rest of this packet has blank forms for you to fill out. Make a copy of each form that you
need so that you have an extra in case your first draft needs lots of changes. You may need
forms from other packets, and you may not need all the forms in this packet. Or you may
download court forms in Microsoft Word format at http://www.courts.wa.gov/forms.
Ex Parte Order for Relocation Cases - 25
Superior Court of Washington
County of
In re:
No.
Child(ren),
Motion/Declaration for Ex Parte
Order to Waive Requirements
for Notice of Intended
Relocation of Children
(MTAF)
Petitioner(s),
and
Respondent(s).
I. Motion
Based upon the declaration below, the undersigned moves the court for an order waiving notice
requirements for intended relocation pursuant to RCW 26.09.460.
Dated:
Signature of Moving Party or Lawyer/WSBA No.
Print or Type Name
II. Declaration
2.1
Reasons for Waiver of Notice Requirements:
I believe that the health or safety of a person or of a child would be unreasonably put at risk by
notice or disclosure of certain information in the notice. That information is:
[ ] all relocation notice requirements
[ ] new residential address
[ ] new home telephone number
[ ] other:
[ ] new mailing address
[ ] name and address of the children’s new school and day
care facility
Mtn/Decl Ex Parte Ord Waive NTC Reqs (MTAF) - Page 1 of 3
WPF DRPSCU 07.0550 (6/2006) - RCW 26.09.460
2.2
Describe the unreasonable risk to health and safety that notice of this information may cause:
2.3
[]
Service member or dependent of service member:
If the nonmoving party is not present and:
a) is on active duty and is a National Guard member or Reservist residing in Washington, or
b) is a dependent of a National Guard member or Reservist residing in Washington on active duty,
list the reasons why this temporary order should be granted despite the absence of the other party:
2.4
Other:
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and
correct.
Signed at ________________________, [City] ___________ [State] on ____________________ [Date].
Signature of Moving Party
Print or Type Name
Mtn/Decl Ex Parte Ord Waive NTC Reqs (MTAF) - Page 2 of 3
WPF DRPSCU 07.0550 (6/2006) - RCW 26.09.460
III. Efforts to Give Other Party Notice
The following efforts have been made to give the other party or other party’s lawyer notice. If no efforts
have been made, the following reasons exist why notice should not be required:
Dated:
Signature of Moving Party or Lawyer/WSBA No.
Print or Type Name
Mtn/Decl Ex Parte Ord Waive NTC Reqs (MTAF) - Page 3 of 3
WPF DRPSCU 07.0550 (6/2006) - RCW 26.09.460
Superior Court of Washington
County of
In re:
Petitioner(s),
and
Respondent(s).
No.
Declaration of
_________________________
[Name]
(Optional Use)
(DCLR)
This declaration is made by:
Name:
___________________________________________
Age:
___________________________________________
Relationship to the parties in this action: __________________________________________________
I Declare:
Declaration (DCLR) - Page 1 of ____
WPF DRPSCU 01.0100 (6/2006)
(Attach Additional Pages if Necessary and Number Them.)
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and
correct.
Signed at _______________________, [City] ____________ [State] on ____________________ [Date].
Signature of Declarant
Print or Type Name
Do not attach financial records, personal health care records or confidential
reports to this declaration. Such records should be served on the other party and
filed with the court using one of these cover sheets:
1) Sealed Financial Source Documents (WPF DRPSCU 09.0220) for financial records
2) Sealed Personal Health Care Records (WPF DRPSCU 09.0260) for health records
3) Sealed Confidential Report (WPF DRPSCU 09.270) for confidential reports
If filed separately using a cover sheet, the records will be sealed to protect your
privacy (although they will be available to all parties in the case, their attorneys,
court personnel and certain state agencies and boards.) See GR 22(C)(2).
Declaration (DCLR) - Page 2 of ____
WPF DRPSCU 01.0100 (6/2006)
Superior Court of Washington
County of
In re:
No.
Child(ren),
Petitioner(s),
and
Ex Parte Order Waiving Notice
Requirements for Relocation of
Children
(ORWVRQR)
Respondent(s).
I. Basis
A motion for order to waive notice requirements for relocation of children has been filed pursuant to
RCW 26.09.460.
II. Findings
The health or safety of a person or a child would be unreasonably put at risk by notice or the disclosure
of certain information in the notice.
[]
Further, the court finds that the nonmoving party is absent and a) is on active duty as a National
Guard member or Reservist residing in Washington, or b) is a dependent of a National Guard
member or Reservist residing in Washington on active duty. Despite the service member’s or
dependent’s absence, failure to enter the temporary orders below would result in manifest injustice
to the other interested parties.
Ex Parte Ord Waiving Notice Requirements (ORWVRQR) - Page 1 of 2
WPF DRPSCU 07.0555 (6/2006) - RCW 26.09.460
III. Order
It is Ordered:
3.1
The following requirements for the notice of intended relocation of children are waived:
[ ] all relocation notice requirements
[ ] new residential address
[ ] new home telephone number
[ ] other:
3.2
[ ] new mailing address
[ ] name and address of the children’s new school and day
care facility
Other:
Dated:
Judge/Commissioner
Presented by:
Signature of Moving Party or Lawyer/WSBA No.
Print or Type Name
Date
Ex Parte Ord Waiving Notice Requirements (ORWVRQR) - Page 2 of 2
WPF DRPSCU 07.0555 (6/2006) - RCW 26.09.460
Superior Court of Washington
County of
In re:
No.
Child(ren),
Petitioner(s),
and
Motion/Declaration for an Ex
Parte Order Allowing Change of
Children’s Principal Residence
(Relocation)
(MTAF)
Respondent(s).
I. Motion
Based upon the declaration below, and pursuant to RCW 26.09.480(2), the undersigned moves the court
for an order allowing the party to change the children’s principal residence during the period in which the
nonrelocating party may object.
Dated:
Signature of Moving Party or Lawyer/WSBA No.
Print or Type Name
II. Declaration
2.1
The Notice of Intent to Relocate has been filed or is being filed with this motion.
Mtn/Decl for an Ex Parte Ord Allowing Chng of Res (MTAF) - Page 1 of 3
WPF DRPSCU 07.0800 (6/2006) - RCW 26.09.480(2)
2.2
Proof of Service of the Notice of Intent to Relocate has been filed or is being filed with this
motion.
2.3
I request authorization to change the principal residence of the children during the period for
objection for the following reasons:
2.4
[]
Service member or dependent of service member:
If the nonmoving party is not present and:
a) is on active duty and is a National Guard member or Reservist residing in Washington, or
b) is a dependent of a National Guard member or Reservist residing in Washington on active duty,
list the reasons why this temporary order should be granted despite the absence of the other party:
2.5
Other:
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and
correct.
Signed at ________________________, [City] ______________ [State] on _______________ [Date].
Signature of Moving Party
Print or Type Name
Mtn/Decl for an Ex Parte Ord Allowing Chng of Res (MTAF) - Page 2 of 3
WPF DRPSCU 07.0800 (6/2006) - RCW 26.09.480(2)
III. Efforts to Give Other Party Notice
The following efforts have been made to give the other party or other party’s lawyer notice. If no efforts
have been made, the following reasons exist why notice should not be required:
Dated:
Signature of Moving Party or Lawyer/WSBA No.
Print or Type Name
Mtn/Decl for an Ex Parte Ord Allowing Chng of Res (MTAF) - Page 3 of 3
WPF DRPSCU 07.0800 (6/2006) - RCW 26.09.480(2)
Superior Court of Washington
County of
In re:
No.
Child(ren),
Petitioner(s),
and
Ex Parte Order re: Change of
Children’s Principal Residence
(Relocation)
(ORDYMT or ORGRRE)
Respondent(s).
I. Basis
A motion for an ex parte order allowing change of children’s principal residence was filed pursuant to
RCW 26.09.480(2).
II. Findings
2.1
The Notice of Intended Relocation of Children, [ ] without [ ] with the proposed new Parenting
Plan/Residential Schedule, was served in compliance with RCW 26.09.440 through 26.09.460
and the Proof of Service was filed in this case.
2.2
The nonrelocating party [ ] has [ ] has not scheduled a hearing to prevent the relocation of the
children within 15 days after receipt of the Notice of Intended Relocation of Children.
2.3
[]
Further, the court finds that the nonmoving party is absent and a) is on active duty as a
National Guard member or Reservist residing in Washington, or b) is a dependent of a
National Guard member or Reservist residing in Washington on active duty. Despite the
service member’s or dependent’s absence, failure to enter the temporary orders below
would result in manifest injustice to the other interested parties.
Ord re Chnge of Children’s Prnipl Res (ORDYMT or ORGRRE) - Page 1 of 2
WPF DRPSCU 07.0830 (6/2006) - RCW 26.09.480(2)
2.4
Other
III. Order
It is Ordered:
[]
[]
The motion for an ex parte order allowing change of children’s principal residence is denied.
The motion for an ex parte order allowing change of children’s principal residence is granted.
[]
Other:
Dated:
Judge/Commissioner
Presented by:
Signature of Moving Party or Lawyer/WSBA No.
Print or Type Name
Ord re Chnge of Children’s Prnipl Res (ORDYMT or ORGRRE) - Page 2 of 2
WPF DRPSCU 07.0830 (6/2006) - RCW 26.09.480(2)
Superior Court of Washington
County of
In re:
No.
Child(ren),
Motion/Declaration for Ex Parte
Order Modifying Parenting
Plan/Residential Schedule
(Relocation)
(MTAF)
Petitioner(s),
and
Respondent(s).
I. Motion
Based upon the declaration below, the undersigned moves the court for an order permitting the relocation
of the children and modifying the parenting plan/residential schedule in conformity with the proposed
residential schedule specified in the Notice of Intended Relocation of Children, pursuant to RCW
26.09.500.
Dated:
Signature of Moving Party or Lawyer/WSBA No.
Print Name
II. Declaration
Mtn/Decl for Ex Parte Ord Mod P Plan/Res Schd (Relocation) (MTAF) - Page 1 of 3
WPF DRPSCU 07.0950 Mandatory (7/2007) - RCW 26.09.500
2.1
A true and correct copy of the Notice of Intended Relocation of Children, with the proposed new
Parenting Plan/Residential Schedule is attached or is filed in this case.
2.2
The Return of Service for the Notice of Intended Relocation of Children is filed in this case.
2.3
[ ] No objection to the relocation was filed within the 30-day period for objection.
[ ] Proof that no objection will be filed is attached or is filed in this case.
2.4
I request the court to enter an order permitting the relocation of the children and modifying the
parenting plan/residential schedule in conformity with the parenting plan/residential schedule
attached to the Notice of Intended Relocation of Children.
2.5
Servicemembers Civil Relief Act Statement
2.5.1
A. Service member status --- _________________________________ [Name of
nonmoving party]:
[ ] is not a service member;
[ ] is on active duty in the U.S. armed forces (excluding National Guard and
reserves);
[ ] is on active duty and is a National Guard member or a Reservist residing in
Washington;
[ ] is not on active duty in the U.S. armed forces (excluding National Guard and
reserves);
[ ] is not on active duty and is a National Guard member or a Reservist residing in
Washington;
[ ] I am unable to determine whether the nonmoving party is or is not on active duty
in the U.S. armed forces;
[ ] I am unable to determine whether the nonmoving party is or is not on active duty
as a National Guard member or a Reservist residing in Washington.
B. Factual basis:
[ ] See the attached Defense Man Power Data Center Report obtained from
https://www.dmdc.osd.mil/scra/owa/home.
[ ] Other factual basis:
C. [ ] As indicated above, the nonmoving party is on active duty and (check all that
apply):
[ ] The nonmoving party is represented by an attorney.
[ ] The court has appointed an attorney to represent the nonmoving party.
[ ] A stay of these proceedings [ ] has [ ] has not been entered by the court.
Mtn/Decl for Ex Parte Ord Mod P Plan/Res Schd (Relocation) (MTAF) - Page 2 of 3
WPF DRPSCU 07.0950 Mandatory (7/2007) - RCW 26.09.500
2.5.2
A. Dependent of a service member status --- ____________________________ [Name
of nonmoving party]:
[ ] is not a dependent of a resident of Washington who is on active duty and is a
National Guard member or a Reservist;
[ ] is a dependent of a resident of Washington who is on active duty and is a
National Guard member or a Reservist;
[ ] I am unable to determine whether the nonmoving party is a dependent of a
resident of Washington who is on active duty and is a National Guard member or
a Reservist.
B. Factual basis:
[ ] The nonmoving party failed to respond to a notice to him or her as a dependent
of a person in Military Service that was [ ] served on [ ] mailed by first class
mail on ________________________________________ [Date], therefore he or
she should be presumed not a dependent of a resident of Washington who is on
active duty and is a National Guard member or a Reservist.
[ ] Other factual basis:
C. [ ] As indicated above, the nonmoving party is a dependent of a resident of
Washington who is on active duty and is a National Guard member or a
Reservist and (check all that apply):
[ ] The nonmoving party is represented by an attorney.
[ ] The court has appointed an attorney to represent the nonmoving party.
[ ] A stay of these proceedings [ ] has [ ] has not been entered by the court.
2.6
Other
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and
correct.
Signed at __________________________, [City]
[State] on _________________ [Date].
Signature of Moving Party or Lawyer/WSBA No.
Print Name
Mtn/Decl for Ex Parte Ord Mod P Plan/Res Schd (Relocation) (MTAF) - Page 3 of 3
WPF DRPSCU 07.0950 Mandatory (7/2007) - RCW 26.09.500
Superior Court of Washington
County of
In re:
No.
Child(ren),
Petitioner(s),
and
Ex Parte Order Modifying
Parenting Plan/Residential
Schedule
(Relocation)
(ORMDPP)
Respondent(s).
I. Basis
A motion for an ex parte order permitting the relocation of the children and modifying the parenting
plan/residential schedule in conformity with the proposed residential schedule specified in the Notice of
Intended Relocation of Children was filed pursuant to RCW 26.09.500.
II. Findings
2.1
The Notice of Intended Relocation of Children, with proposed new parenting plan/residential
schedule was filed in this case.
2.2
The Notice of Intended Relocation of Children, with the proposed new parenting plan/residential
schedule, was served in compliance with RCW 26.09.440 through 26.09.460 and the Return of
Service was filed in this case.
2.3
[ ] No objection to the relocation was filed within the 30-day period for objection.
[ ] The record contains proof that no objection will be filed.
2.4
Servicemembers Civil Relief Act Statement
2.4.1
Service member status --- It appears the nonmoving party:
Ex Parte Ord Mod P Plan/Res Schdl (Relocation)(ORMDPP) - Page 1 of 2
WPF DRPSCU 07.0955 Mandatory (7/2007) - RCW 26.09.500
[ ] is not a service member;
[ ] is on active duty in the U.S. armed forces (excluding National Guard and reserves);
[ ] is on active duty and is a National Guard member or a Reservist residing in
Washington;
[ ] is not on active duty in the U.S. armed forces (excluding National Guard and
reserves);
[ ] is not on active duty and is a National Guard member or a Reservist residing in
Washington.
2.4.2
Dependent of a service member status --- It appears the nonmoving party:
[ ] is not a dependent of a resident of Washington who is on active duty and is a
National Guard member or a Reservist;
[ ] is a dependent of a resident of Washington who is on active duty and is a National
Guard member or a Reservist;
[ ] is presumed not a dependent of a resident of Washington who is on active duty and is
a National Guard member or a Reservist.
III. Order
It is Ordered:
[]
The motion is denied.
[]
The motion for ex parte order permitting the relocation of the children and modifying the
parenting plan/residential schedule in conformity with the parenting plan/residential schedule
attached to the Notice of Intended Relocation of Children is granted. The parenting
plan/residential schedule signed by the court and entered on __________________ [Date] is
approved and incorporated as part of this order. This parenting plan/residential schedule
supersedes all previous decrees or parenting plans/residential schedules.
[]
Other:
Dated:
Judge/Commissioner
Presented by:
Signature of Moving Party or Lawyer/WSBA No.
Print Name
Date
Ex Parte Ord Mod P Plan/Res Schdl (Relocation)(ORMDPP) - Page 2 of 2
WPF DRPSCU 07.0955 Mandatory (7/2007) - RCW 26.09.500
Getting an Ex Parte Order to Move with Your Children 11/12
EVALUATION FORM
Your comments are appreciated and will help to make this packet more useful to others. Please
take a moment to complete this form and return it to:
LeeAnn Friedman
Northwest Justice Project
500 W. 8th, Suite 275
Vancouver, WA 98660
1.
Where did you get this packet?
2.
What is your primary language?
3.
Are you a *low-income person? [ ] yes
[ ] no
[*$1800 per month for household of 1; $2400 for 2; $3000 for 3; $3675 for 4; $4300 for 5]
4.
What is the last grade you completed in school?
5.
Did you read the instructions? [ ] yes
6.
Did you also need the help of an agency, court facilitator, or advocate to complete your
case?
[ ] yes
[ ] no
[ ] no
6a. If yes, what agency or individual helped you?
7.
Did you use the legal forms? [ ] yes
[ ] no
8.
Did you find anything difficult to understand? [ ] yes
8a. If yes, please tell us what.
9.
Did you find any mistakes? [ ] yes [ ] no
10.
Today’s Date: ________________________
11.
Other Comments or Suggestions:
[ ] no