Fill and Sign the Use This Form in Non Parent Custody Cases Only

RCW 26. 10.110, .115 Mandatory Form (07/201 9) FL Non -Parent 423 Motion for Temporary 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 (parents and any guardian or custodian) : No. Motion for Temporary Non -Parent Custody Order [ ] and Restraining Order (MTNPO) Motion for Temporary Non -Parent Custody Order [ ] and Restraining Order Use this form in non -parent custody cases only. For other cases, use FL Divorce 223, FL Parentage 323, or FL Modify 623, depending on the type of case . 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 Rules and forms are online at www.cou rts.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 lawyers; AND  Go to the hearing. The court may not allow you to testify at the motion hearing. Read your county’s Local Court Rules, 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 Local Court Rules require a different form. Contact 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 requests. You may file other written proof supporting your side, and propose your own Residential Schedule or Child Support Worksheets . RCW 26. 10.110, .115 Mandatory Form (07/201 9) FL Non -Parent 423 Motion for Temporary Non -Parent Custody Order p. 2 of 7 1. My name is: . I ask the court for temporary orders approving the requests listed below. 2. Children I want the children under 18 listed below to be included in the court’s orders: Child’s name Age Child’s name Age 1. 4. 2. 5. 3. 6. 3. Adequate Cause [ ] The court found there was adequate cause to allow this case to move forward on (date): . [ ] The court has not yet decided whether there is adequate cause to allow this cas e to move forward. [ ] An adequate cause hearing is scheduled for (date): . [ ] No adequate cause hearing has been scheduled. 4. Indian Children (An Indian child is a child who is a member of an Indian tribe, or who is the biological child of an I ndian tribe member and eligible for membership. You must try to find out if any child in this case is an Indian child. If so, the federal and state Indian Child Welfare Acts will apply to your case. ) [ ] None of the children are Indian children. I ask t he court to find that the federal and state Indian Child Welfare Acts do not apply to this case. [ ] The children are or may be Indian children. Jurisdiction – The court has jurisdiction over the Indian children because they are: [ ] not domiciled or living on an Indian reservation, and are not wards of a tribal court. [ ] domiciled or living on an Indian reservation, and (check all that apply): [ ] The children’s tribe agrees to Washington State’s concurrent jurisdiction. [ ] The children’s trib e decided not to use its exclusive jurisdiction (expressly declined). (RCW 13.38.060) [ ] Washington State should claim emergency jurisdiction for children temporarily located off the reservation to protect the children from immediate physical damage or harm. (RCW 13.38.140) Notice to tribes – Petitioner (check one): [ ] provided or is providing [ ] did not provide the required Indian Child Welfare Act Notice (form FL Non -Parent 402) and a copy of the Petition to the children’s tribe/s, the paren ts and any Indian custodian. 5. Active duty military (The federal Servicemembers Civil Relief Act covers:  Army, Navy, Air Force, Marine Corps, and Coast Guard members on active duty; RCW 26. 10.110, .115 Mandatory Form (07/201 9) FL Non -Parent 423 Motion for Temporary Non -Parent Custody Order p. 3 of 7  National Guard or Reserve members under a call to active service fo r 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 those service members listed above who are either stationed in or residents of Washington state, and their depend ents, except for the commissioned corps of the Public Health Service and NOAA. ) [ ] None of the other parties are covered by the state or federal 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 responding or coming to the hearing on this motion. I ask the court to approve temporary orders even if the covered per son asks for a stay or doesn’t respond. It would be very unfair (a manifest injustice) not to make temporary orders now because: 6. Care and safety of children (check all that apply) [ ] No request. [ ] Give me custody of the children. [ ] Approve my proposed Residential Schedule (form FL Non -Parent 405). [ ] Order (name/s): not to take the children out of Washington State. [ ] Appoint a person to investigate and report to the court about what is in the children’s best interest, and order who will pay this person’s fees. This person should be a/n (check one): [ ] Guardian ad Litem (GAL) or Evaluator/Investigator as chosen by the court. [ ] Guardian ad Litem (GAL). [ ] Evaluator/Investigator. [ ] (Name): [ ] Other: 7. Suppor t, insurance and taxes [ ] No request. [ ] Order child support according to the Washington state child support schedule. [ ] Order (name/s): to provide and keep health insurance for the children. [ ] Order (name/s): to pay children’s uninsured medical, day care, or other necessary expenses (check one): [ ] as listed on the proposed Child Support Order . [ ] as follows (specify): RCW 26. 10.110, .115 Mandatory Form (07/201 9) FL Non -Parent 423 Motion for Temporary Non -Parent Custody Order p. 4 of 7 [ ] Order that (name/s): may claim the children as dependents on tax forms. [ ] Other: 8. Fees and co sts [ ] No request. [ ] Order (name/s): to: [ ] Pay my lawyer’s fees for this case. Amount: $ Make payments to (name) : [ ] Pay other professional fees and costs for this case. Amount: $ to (name): for (purpose): 9. Restraining Order [ ] No request. [ ] The Court already signed a Restraining Order on (date): in this case. [ ] I am not asking the court to make any changes to this Restraining Order . [ ] I ask the Court to remove (terminate) this Restraining Order . [ ] I ask the Cou rt to change this Restraining Order as follows (specify): [ ] I ask the Court for a Restraining Order (form FL All Family 150) that orders (name/s): to obey the restraints and orders checked below. (Check all that apply; also check the “and Res training Order” boxes in the form titles on page 1): [ ] Do not disturb – Do not disturb my peace or the peace of any child listed in 2. [ ] Stay away – Do not go onto the grounds of or enter my home, workplace, or school, and the daycare or school of any child listed in 2. [ ] Also, do not knowingly 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  Do not assault, harass, stalk or molest me or any child listed in 2; and  Do not use, try to use, or threaten to use physical force against me or 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. RCW 26. 10.110, .115 Mandatory Form (07/201 9) FL Non -Parent 423 Motion for Temporary Non -Parent Custody Order p. 5 of 7 [ ] Prohibit weapons and order surrender  Do not access, possess , or obtain any firearms, other dangerous weapons, or concealed pistol license s un til the Order ends, and  Immediately s urrender any firearms, other dangerous weapons, and any concealed pistol license s that he/she possesses t o (check one): [ ] the police chief or sheriff. [ ] his/her lawyer. [ ] other person (name): . [ ] Other: 10. Other temporary orders [ ] No request. [ ] (Specify):  Reasons for my requests 11. Why are you asking the court for the orders you checked above? (Explain):  If you need additional space use the Declaration form FL All Family 13 5.  If you are asking for child support, also fill out the Child Support Worksheets . If you have received public assistance for any child in this case, also fill out the Public Assistance Declaration , form FL All Family 132. Child support is based upon th e income of both parents, not the income of the non -parent custodian.  For parents – If you are asking for any order involving money (including child support), also fill out the Financial Declaration , form FL All Family 131, and file the required financia l records.  For non -parents – If you are asking for any order involving money (other than child support), also fill out the Financial Declaration , form FL All Family 131.  If you are asking to prohibit weapons or order surrender, give your reasons at the end of this section.  If you are asking to change an earlier temporary order, give the date of the earlier order and explain how circumstances have changed. RCW 26. 10.110, .115 Mandatory Form (07/201 9) FL Non -Parent 423 Motion for Temporary Non -Parent Custody Order p. 6 of 7 [ ] Reasons for “Prohibit weap ons and order surrender” request (check all that apply): [ ] (Name): has used, displayed, or threatened to use a firearm or other dangerous weapon in a felony. (Describe): [ ] (Name): previously committed an offense making him or her inelig ible to possess a firearm under RCW 9.41.040. (Describe): RCW 26. 10.110, .115 Mandatory Form (07/201 9) FL Non -Parent 423 Motion for Temporary Non -Parent Custody Order p. 7 of 7 [ ] (Name): ’s possession of firearm presents a serious and imminent threat (harm that may happen immediately) to public health or safety, or to the health or safety of any individual. (D escribe): Person asking for this order 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 asking for this order signs here Print name here 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 Note You and the other party/ies may agree to accept legal papers by email under Civil Rule 5 and local court rules. (If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may use the Notice of Address Change form (FL All Family 120). You must also update your Confidential Information form (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! Documents 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 ot her documents.