Fill and Sign the Motion for Temporary Order Preventing Form

RCW 26.09. 480(2), . 510(1) Form (07/201 9) FL Relocate 725 Motion for Temporary Order Preventing Move with Children p. 1 of 4 Superior Court of Washington, County of In re: Petitioner/s (as listed on the parenting/custody order) : And Respondent/s (as listed on the parenting/ custody order) : No. Motion for Temporary Order Preventing Move with Children (Relocation) (MT PM ) Motion for Temporary Order Preventing Move with Children (Relocation) To both parties: Deadline! Your papers must be filed and served by the deadline in your county’s Local Court Rules, or by the State Court Rules if there is no local rule. Court Rule s and forms are located online at www.courts.wa.gov . If you want the court to consider your side, you must :  File your original documents with the Superior Court Clerk; AND  Give the Judge/ Commissioner a copy of your papers (if required by your county’s Local Court Rules); AND  Have a copy of your papers served on all other parties or their lawyer s; AND  Go to the hearing. The court may not allow you to testify at the motion hearing. Read your county’s Local Court Rule s, if any. Bring proposed orders to the hearing. To the person filing this motion: You must schedule a hearing on this motion. You may use the Notice of Hearing (form FL All Family 185) unless your county’s L ocal Court R ule s require a different form. Co ntact the court for scheduling information. To the person receiving this motion: If you do not agree with the requests in this motion, file a statement (using form FL All Family 135, Declaration) explaining why the court should not approve those reques ts. You may file other written proof supporting your side. RCW 26.09. 480(2), . 510(1) Form (07/201 9) FL Relocate 725 Motion for Temporary Order Preventing Move with Children p. 2 of 4 1. My name is . 2. I have a court order giving me a legal right to spend time with the following children: Child’s name Age Child’s name Age 1. 4. 2. 5. 3. 6. 3. The relocating person (name): _ (check one): [ ] plans to move with the children on (date): . [ ] has already moved with the children on (date): . 4. Objection I have filed (or am filing with this motion ) an Objection about Moving with Children an d Petition about Changing a Parenting/Custody Order (Relocation) (form FL Relocate 721 ). 5. Request I ask the Court to order the relocating person to (check all that apply): [ ] not move with the children. [ ] return the children . Warning to the pers on who intends to move! If the hearing on this motion is scheduled to be held within 15 days of the day you are served with the Objection about Moving , you must not move with the children before the hearing unless the special circumstances described in R CW 26.09.460(3) apply. RCW 26.09.460(3) says: “If a person intending to relocate the child is relocating to avoid a clear, immediate, and unreasonable risk to the health or safety of a person or the child, notice may be delayed for twenty -one days.”  Re asons for request 6. No proper notice [ ] Does not apply. [ ] I have not received a Notice of Intent to Move with Children from the relocating person . [ ] I received a Notice of Intent to Move with Children from the relocating person on (date): . This is late notice because I received it after the legal deadline and without good legal reasons to justify delay . (See RCW 26.09.440.) I was substantially prejudiced by the late notice or lack of notice. (Explain how getting late notice or no notice put you in an unfair position ): RCW 26.09. 480(2), . 510(1) Form (07/201 9) FL Relocate 725 Motion for Temporary Order Preventing Move with Children p. 3 of 4 [ ] The Notice is improper because the children live with me most of the time and the Child Relocation Act does not apply. 7. Move happened without agreement, court order or proper notice [ ] Does not apply. [ ] The relocating person already moved with the children and:  I did not agree to the move;  There was no court order allowing the move; and  The relocating person did not give proper notice of the move. 8. Move unlikely to be approved [ ] Does not apply. [ ] The court is unlikely to approve the planned move at trial . My reasons for believing this are based on the factors in RCW 26.09.520 as explained in my Objection . The children (check one): [ ] spend substantially equal time with each parent (45 p ercent or more). It is not in the children’s best interest s to move. [ ] live with the relocating person most of the time . Even though t he law presumes that the move will be allowed , I can show that the move would cause more harm to the children than goo d to the children and the relocating person who wants to move . [ ] The Notice is improper because the children live with me most of the time and the Relocation Act does not apply. 9. No reason to move now [ ] Does not apply. [ ] Whether or not the move will be approved at trial, the circumstances do not justify allowing the move before the court makes a final decision. Explain: 10. Active duty m ilitary (The federal Servicemembers Civil Relief Act covers:  Army, Navy, Air Force, Marine Corps , and Coast Guard members on active duty;  National Guard or Reserve members under a call to active service for more than 30 days in a row; and  commissioned corps of the Public Health Service and NOAA. The state Service Members’ Civil Relief Act covers tho se service members listed above who are either stationed in or residents of Washington state, and their dependents, except for the commissioned corps of the Public Health Service and NOAA.) RCW 26.09. 480(2), . 510(1) Form (07/201 9) FL Relocate 725 Motion for Temporary Order Preventing Move with Children p. 4 of 4 [ ] None of the other parties are covered by the state or feder al Service Members ’ Civil Relief Acts. [ ] (Name): is covered by the [ ] state [ ] federal Service Members ’ Civil Relief Act. [ ] For persons covered only by the state act – Military duty may keep the service member or dependent from respond ing or coming to the hearing on this motion. I ask the court to approve temporary orders even if the covered person asks for a stay or doesn’t respond. It would be very unfair (a manifest injustice) not to make temporary orders now because : 11. Other information (if any) Person filing this motion 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: Person filing this motion sign s here Print name I agree to accept legal papers for this case at (check one): [ ] my lawyer’s address, listed below. [ ] the following address (this does not have to be your home address): street address or PO box city stat e zip (Optional) email: (If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may use the Notice of Address Change form ( FL All Family 120 ). You must also update your Confidential Information For m ( FL All Family 001 ) if this case involves parentage or child support .) Lawyer (if any) fills out below: Lawyer signs here Print name and WSBA No. Date Lawyer’s street address or PO box city state zip Email (if applicable): Warning! Docume nts filed with the court are available for anyone to see unless they are sealed. Financial, medical, and confidential reports, as described in General Rule 22, must be sealed so they can only be seen by the court, the other party, and the lawyers in your case. Seal those documents by filing them separately, using a Sealed cover sheet (form FL All Family 011, 012, or 013). You may ask for an order to seal other documents.