Fill and Sign the Final Non Parent Custody Order Form

RCW 26. 10 .040 , .170 Mandatory Form (07/201 9) FL Non -Parent 431 Fina l Non -Parent Custody Order p. 1 of 7 Superior Court of Washington, County of In re custody of : Children : Petitioner /s (person /s who started this case) : Respondents (parent s and any guardian or custodian ): No. Final Non -Parent Custody Order (DCC) [ ] Clerk’s action required: 1, 7, 9, 10 Final Non -Parent Custody Order 1. Money Judgment Summary [ ] No money judgment is ordered . [ ] Summarize any money judgment from section 7 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 (GAL) fees $ $ Court costs $ $ Other fees and expenses (specify): $ $ Yearly Interest Rate : ____% (12% unless otherwise listed) Lawyer (name): represents (name): Lawyer (name): represents (name): RCW 26. 10 .040 , .170 Mandatory Form (07/201 9) FL Non -Parent 431 Fina l Non -Parent Custody Order p. 2 of 7  The court has made Findings and Conclusions in this case and now Orders: 2. Custody The Petitioners are granted custody of the following children : 3. Peti tioner’s Authority The Petitioner/s have the right to make decisions and determine the children’s upbringing, including their education, health care, and religious training . [ ] There are no limits on the Petitioner’s authority over the children’s upbri nging or decision -making for the children . [ ] Petitioner’s authority is limited as follows: [ ] (Specify limitation ): [ ] (Agency): shall exercise continuing supervision over the case to assure that the custodian is following the custodial o r visitation terms of the order . The agency shall: [ ] Other: 4. Respondent’s Visitation Respondent (name): shall have (check one): [ ] visitation as listed in the Residential Schedule signed by the court and filed separately today or on (da te): . [ ] no visitation with the children . Th e following reasons for limiting visitation apply and are severe enough to justify no visitation (check all that apply ): [ ] Abandonment – s/he intentionally abandoned a child listed in 2 for an extended time. [ ] Neglect – s/he substantially refused to perform his/her parenting duties for a child listed in 2. [ ] Child Abuse – s/he (or someone living in that parent’s home) abused or threatened to abuse a child. The abuse was (check all that apply): [ ] physical [ ] sexual [ ] repeated emotional abuse. [ ] Domestic Violence – s/he (or someone living in that parent’s home) has a history of domestic violence as defined in RCW 26.50.010. [ ] Assault – s/he (or someone living in that parent’s home) has assaulted or sexually assaulted someone causing grievous physical harm or fear of such harm. Child’s Name Age Child’s Name Age 1. 2. 3. 4. 5. 6. RCW 26. 10 .040 , .170 Mandatory Form (07/201 9) FL Non -Parent 431 Fina l Non -Parent Custody Order p. 3 of 7 [ ] Sex Offense – [ ] s/he has been convicted of a sex offense as an adult. [ ] someone living in his/her home has been convicted as an adult or a djudicated as a juvenile of a sex offense. [ ] Other Reason (specify): 5. Other Respondent’s Visitation [ ] There is no other Respondent. [ ] Respondent (name): shall have (check one): [ ] visitation as listed in the Residential Schedule sig ned by the court and filed separately today or on (date): . [ ] no visitation with the children. Th e following reasons for limiting visitation apply and are severe enough to justify no visitation (check all that apply ): [ ] Abandonment – s/he intent ionally abandoned a child listed in 2 for an extended time. [ ] Neglect – s/he substantially refused to perform his/her parenting duties for a child listed in 2. [ ] Child Abuse – s/he (or someone living in that parent’s home) abused or threatened to a buse a child. The abuse was (check all that apply): [ ] physical [ ] sexual [ ] repeated emotional abuse. [ ] Domestic Violence – s/he (or someone living in that parent’s home) has a history of domestic violence as defined in RCW 26.50.010(1 ). [ ] Assault – s/he (or someone living in that parent’s home) has assaulted or sexually assaulted someone causing grievous physical harm or fear of such harm. [ ] Sex Offense – [ ] s/he has been convicted of a sex offense as an adult. [ ] someone li ving in his/her home has been convicted as an adult or adjudicated as a juvenile of a sex offense. [ ] Other Reason (specify): 6. Support , insurance and tax es [ ] The court is not issuing an order about support, insurance , or taxes at this time . [ ] Child Support – The court (check one): [ ] signed the final Child Support Order and Worksheets filed separately today or on (date): . [ ] is not issuing a child support order . T here is an administrative child support order(s) established by DSH S Division of Child Support (DCS) . RCW 26. 10 .040 , .170 Mandatory Form (07/201 9) FL Non -Parent 431 Fina l Non -Parent Custody Order p. 4 of 7 DCS child support orders do not cover tax issues or post -secondary (college or vocational school) support. [ ] Health Insurance or other expenses – The parents must pay for health insurance, uninsured medical, day car e, or other necessary expenses (check one): [ ] as listed on the final Child Support Order . [ ] as follows (specify): [ ] 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 (check one): [ ] as listed on the Child Support Order . [ ] Petitioners may claim the children. [ ] other (specify): Important! Although the personal tax exemptions are currently suspended unde r federal law through tax year 2025, other tax benefits may flow from claiming a child as dependen t. [ ] Other (specify): 7. Money Judgment for fees and costs (summarized on page 1) [ ] No money judgment is ordered . [ ] The court orders a money j udgment for fees and costs 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 (GAL) fees $ $ [ ] Court costs $ $ [ ] Other fees and expenses (specify): $ $ The interest rate is 12% unless another amount is listed below. [ ] The interest rate is % because (explain): 8. 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. RCW 26. 10 .040 , .170 Mandatory Form (07/201 9) FL Non -Parent 431 Fina l Non -Parent Custody Order p. 5 of 7 [ ] Renewed/Changed – The existing Order for Prote ction 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: 9. Res training 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 . [ ] Check t his box if the court previously signed a temporary Restraining Order and is not signing a final Restraining Order in this case . Also c heck the “Clerk’s action required” box in the caption on page 1. Name of law enforcement agency where the Protected Perso n 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. 10 . Guardian ad L item [ ] Does not apply. [ ] The guardian ad litem (GAL) is discharged from this case. [ ] Other (specify): 11 . Other Orders The Warnings below are required by law and are made part of this order. [ ] Other (specify): Ordered. Date Judge or Commissioner Petitioner and Respondent /s 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 RCW 26. 10 .040 , .170 Mandatory Form (07/201 9) FL Non -Parent 431 Fina l Non -Parent Custody Order p. 6 of 7 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 not ice to me [ ] may be signed by the court without notice to me Other Petitioner or lawyer signs here + WSBA # Other Respondent or lawyer signs here + WSBA # Print Name Date Print Name Date Warnings about Moving with the Children (Relocation) ! Notice Anyone with majority or substantially equal residential time (at least 45 percent) who wants to move with the children must notify every other person who has court -ordered time with the children . Move to a different school district If the move is t o a different school district, the custodian must complete the form Notice of Intent to Move with Children (FL Relocate 701 ) and deliver it at least 60 days before the intended move. Exceptions:  If the custodian could not reasonably have known enough inf ormation to complete the form in time to give 60 days’ notice, the custodian must give notice within 5 days after learning the information.  If the custodian is relocating to a domestic violence shelter or moving to avoid a clear, immediate and unreasonabl e risk to health or safety, notice may be delayed 21 days .  If information is protected under a court order or the address confidentiality program, it may be withheld from the notice.  A custodian who believes that giving notice would put her/himself or a ch ild at unreasonable risk of harm, may ask the court for permission to leave things out of the notice or to be allowed to move without giving notice. Use form Motion to Limit Notice of Intent to Move with Children (Ex Parte) (FL Relocate 702 ). The Notice o f Intent to Move with Children can be delivered by having someone personally serve the other party or by any form of mail that requires a return receipt. If the custodian wants to change the Parenting Plan because of the move, s/he must deliver a propose d Parenting Plan together with the Notice . Move within the same school district If the move is within the same school district, the custodian still has to let the other parent know. However, the notice does not have to be served personally or by mail wi th a return receipt. Notice to the other party can be made in any reasonable way. No specific form is required. Warning! If you do not notify… A custodian who does not give the required notice may be found in contempt of court. If that happens the cour t can impose sanctions. Sanctions can include requiring the custodian to bring the children back if the move has already happened, and ordering the custodian to pay the other side’s costs and lawyer’s fees. Right to object A person who has court -ordered time with the children can object to a move to a different school district and/or to the custodian’s proposed Parenting Plan . If the move is within the same school district, the other party doesn’t have the right to object to the move, but s/he may ask t o change the Parenting Plan if there are adequate reasons under the modification law (RCW 26.09.260). An objection is made by filing the Objection about Moving with Children and Petition about Changing a Parenting/Custody Order (Relocation) (form FL Reloca te 721 ). File your Objection with the court and serv e a copy on the custodian and anyone else who has court -ordered time with the children. Service of the Objection must be by personal service or by mailing a copy to each person by any form of mail that requires a return receipt. The Objection must be RCW 26. 10 .040 , .170 Mandatory Form (07/201 9) FL Non -Parent 431 Fina l Non -Parent Custody Order p. 7 of 7 filed and served no later than 30 days after the Notice of Intent to Move with Children was received. Right to move During the 30 days after the Notice was served, the custodian may not move to a differen t school district with the children unless s/he has a court order allowing the move. After the 30 days, if no Objection is filed, the custodian may move with the children without getting a court order allowing the move. After the 30 days, if an Objection has been filed , the custodian may move with the children pending the final hearing on the Objection unless :  The other party gets a court order saying the children cannot move, or  The other party has scheduled a hearing to take place no more than 15 day s after the date the Objection was served on the custodian. (However, the custodian may ask the court for an order allowing the move even though a hearing is pending if the custodian believes that s/he or a child is at unreasonable risk of harm.) The cour t may make a different decision about the move at a final hearing on the Objection . Parenting Plan after move If the custodian served a proposed Parenting Plan with the Notice , and if no Objection is filed within 30 days after the Notice was served (or if the parties agree):  Both parties may follow that proposed plan without being held in contempt of the Parenting Plan that was in place before the move. However, the proposed plan cannot be enforced by contempt unless it has been approved by a court.  Eith er party may ask the court to approve the proposed plan . Use form Ex Parte Motion for Final Order Changing Parenting Plan – No Objection to Moving with Children (FL Relocate 706 ). Forms You can find forms about moving with children at:  The Washington Sta te Courts’ website: www.courts.wa.gov/forms ,  The Administrative Office of the Courts – call: (360) 705 -5328,  Washington LawHelp: www.washingtonlawhelp.org , or  The Superior Court Clerk’s office or county law library (for a fee). (This is a summary of the l aw. The complete law is in RCW 26.09.430 through 26.09.480.) Warning! Violation of this order may be punishable by contempt of court and may be a criminal offense .