The law changed in 2021 from being non-parental custody matters to being placed under guardianship and named as minor guardianship.

If you currently have an order for non-parental custody, this is still enforceable. What has changed is how you would go about modifying or terminating it. I won't be going into that here, today is about how to proceed under the new law in getting an order for a child in your custody.

This law is designated in particular for children who are not able to reside with their parents for one reason or another, or a safety issue has arisen suddenly that requires the child to be protected from a parent(s).

If you or someone you know is caring for a child or needs to protect the child from the parents, then this is the action you will likely need to take, dependent on the facts. This action gives you the ability to handle school, medical, and other issues as well as set a parenting plan and receive child support if needed.

Often people will proceed with this action because they are not able to add the child to their insurance, or they can't get a passport and are planning to travel. Some are just having issues with the school or medical providers accepting you as the contact person, despite knowing there is no parent involvement. Contact me to determine whether this action is appropriate for you or if there is a different method that might be a better solution to the situation.

Not all courts will have a case schedule to follow, but you will receive one when you file in bigger counties such as King or Pierce. This case schedule is imperative to follow to ensure your case is on track and you don't miss a court appearance or deadline. Failure to appear could result in dismissal of your case requiring work to attempt to open it back up or a new filing fee to re-file.

A case schedule will vary from court to court. When you initially file in Pierce for example you will receive a notice for assignment to set trial date, meaning on the day of that appearance the court will issue the date for trial about 9 mos out and then provide a full case schedule.

King County on the other hand issues the case schedule upon filing a petition, except for modifications for a parenting plan which can be delayed.

The opposing party must be served with these notices in addition to documents you file.

A case schedule is intended to keep the case moving and on track and will include things such as deadline for adequate cause hearings, discovery deadlines (see my discovery explanation posted previously), deadline for ADR (mediation/arbitration), status conferences/pre-trial conferences, trial preparation deadlines, etc.

​The courts that issue these tend to have hundreds if not thousands going to trial each month and need a method to ensure everyone remains on the same page and the case is being tracked.

#Divorce #ParentingPlan #ChildSupport #FamilyLaw #Washington

It depends on the county, but some will require you to attend mediation in particularly if children are involved. The courts have been inundated and on overload since the COVID pandemic, which has pushed them to send cases to mediation before appearing for trial.

Completing mediation early allows for continued negotiations if there are some agreements, but not completely.

There are county available mediators or you can hire a private mediator. It will depend on your individual case which will be best. If you are mostly in agreement, you might want to use the county provided mediators. If your case is contentious it would be best to hire a private mediator.

Many private mediators being booked out for months and unfortunately many wait too long to proceed with going to mediation, requiring trial to be continued, which may or may not be granted. 

The fee tends to be shared 50/50 unless otherwise ordered or agreed and can last from 4-8 hours (some may go longer if parties are on the verge of a complete agreement on all issues).

Mediation is the best method if at all possible if you are not able to negotiate an agreement. While it is costly, it is still cheaper than trial if you are represented by an attorney. It also aims to work toward meeting both parties needs and wants. Trial on the other hand will be decided by the judge based on the evidence before them and does not tend to yield the results parties are expecting. 

In both mediation and trial there is preparation required, however there is less preparation for a mediation than there is trial, also a cost that is more manageable for mediation than trial.

If at all possible work toward an agreement through mediation before proceeding to trial.

#mediation#trial

If you are needing protection most often you will request a Domestic Violence Protection Order (DVPO).

There are other types of protection that are a lesser degree such as Stalking/Harassment.

You can obtain these in District or Superior Court.

Most courts have someone dedicated to assisting clients in getting the initial temporary order after completing the Petition which can help in getting the order same day and cost you nothing but dedicating your time to focusing on providing the information that has caused you to pursue a protection order. The court will set a final hearing when they issue the temporary order and this is when you might want to seek assistance in getting additional documentation filed to support your Petition. 

If you have been served a protection order, you will want to see about getting assistance to file documents refuting the allegations prior to the hearing.

A restraining order is similar, except that it is only available in family law matters if there is a current case pending. If the case has been completed then you would want to get a protection order or speak to a LLLT or attorney about what your options are dependent on the issues. If you are in immediate need then you would want to proceed with a Petition for a temporary protection order and then proceed with reaching out to a legal professional for advice on how it may affect your family law matter.

The orders tend to provide options such as do not disturb, don't enter certain places/distances, not to harass, stalk, etc. and may require the person to surrender weapons.

FYI- King County has provided a new method to obtain protection orders-go to this link and follow the instructions should you need to submit one. There is an emergency exit button should you need to exit at any time...

https://dja-prd-ecexap1.kingcounty.gov/?q=node/531
​
​#protection orders #restraining orders #WAprotectionorders #domesticviolenceawareness

If you have reviewed your case schedule that was issued when you filed your Petition, you will see there is a cutoff date for discovery.

If you are in agreement with the other party, this should not be an issue. If you are trying to work toward an agreement, then you might need to provide one another information in an ability to have all you need to make an informed decision.

If you and the other party are not in agreement and it doesn't appear you are going to be able to work toward an agreement, then discovery might be an important factor in pushing the case forward.

Interrogatories/Request for Production
The most common discovery tool utilized is requesting interrogatories (questions requiring answers) and production (documents requested). These are required to be answered, even if a party objects it still has to be answered. Failure to do so could result in appearing in court for them to order them to be completed and requiring fees to be paid to the other party that could be in the thousands. 

Each county has a limit on the number of questions that can be asked. This is utilized to get information that may not be known, but may materially affect the case if it is not provided.

This could be something as simple as another person living in the home to the date the person asserts when they separated from the other party.

This is also to learn whether or not there are financial accounts that are unknown to one party including bank accounts, retirement, etc.

This is a method to find out where a person may reside or work, salary, length of employment, etc.

This is also a method to find out what they may be asking for property or why they are asking for the parenting plan they are.

Requests for documents could be loan documents, credit card statements, bank statements, paystubs, tax documents, etc.

Request for Admissions
This would be asking yes or no questions that have to be answered. Failure to answer results in them being admitted.

Depositions
Depositions are another method, although used much less in family law due to cost and time constraints. This would be essentially a practice run of going to trial. All questions would have to be answered under oath and there would be a transcriptionist present.

Even if there is an objection, the question has to be answered.


These tools can help to have a complete picture of all of the issues that need resolved, but they can also be used at trial. If there are contradictory statements in what was provided in discovery as opposed to what a party states at trial. This could affect that party's credibility with the court and impact the court's ruling.

#Discovery#Trial

First, I want to note that if you are not married, even if you are getting along think about getting a parenting plan. A parenting plan is intended to eliminate issues, should you not agree. This means as long as you are in agreement, you can still do as you are, it is when you are not in agreement that the parenting plan protects all parties.

Meaning there is an order to enforce and something to follow. Failure to obtain a parenting plan while in agreement could result in battling in court later. It could also result in a parent taking a child and there is no ability to do anything about it legally because there is no order in place.

The parenting plan addresses a lot of issues, all in an effort to ensure the child has time with both parents and in a safe, consistent, and stable manner.

The components include-
.191 Restrictions - Issues that may need to be addressed

Limitations- Whether supervised visitation is necessary or evaluations, parenting classes, or counseling.

Dispute Resolution - Mediation, Arbitration or court in the even you cannot agree on an issue related to the child.

Decision Making - This should generally be that the parents make joint decisions, unless .191 factors exist or other extenuating circumstances.

The daily schedule- This can be created in a number of ways, previously it was often one parent would have every other weekend and some still draft plans this way. The best plan will be the least disruptive and consistent, but still allow each parent reasonable time with the child. If you are both within the school district a 50/50 plan would be ideal with an exchange once a week, either from school or each other's homes. Other plans can be Thursday to Sunday or Friday to Monday, or Friday to Sunday with a mid week visit for either a couple hours or overnight.

Long distance can be more challenging, but in addition to doing time during breaks, a parent could be permitted time where the child resides during the school year.

Next is summer, which could be an every other week schedule when you are unable to do it during the school schedule, or each parent could have a number of weeks.

Holidays can often be done in a simple manner with only a couple requiring more thought on what would be acceptable.

Transportation is the last and also pretty clear.

The remaining information is the relocation act that applies to the primary parent or in 50/50 both parents that is required to be followed for any move outside of the school district.

Finally there are other provisions that may be added. 

One last thing to determine is whether a parenting application is necessary to communicate, calendar, provide receipts/documents, etc. The two most commonly used are Our Family Wizard and Talking Parents.

#Custody#Parenting#ParentingPlan

Child support is often needed long before someone decides to file an action for divorce or parenting plan. Many are just not ready to file court documents or even if they are ready, it would still take time to get before the court and even then if all the information hasn't been provided to the court it could delay getting a child support order in place.

Department of Child Support (DCS) is usually the best method to go about getting a child support order in place. Why?
There are a few reasons for this;
The case will move forward, although it may take time;
If the person paying is out of state they still have the ability to enter an administrative child support order and collect on it, working with the state the party resides in;
If the person chooses not to respond, they still have the ability to move forward and determine that person's income as long as it is reported;
They will enforce and collect on the order.

While there are certain circumstances that this may still be an issue, child support will accrue until it can be collected. If a person does not pay their child support and DCS is collecting, they can lien property, suspend a person's license, or have them put in jail.

They also have the ability to take tax refunds, funds received from unemployment, and other funds provided by government agencies.

This is often less stress than trying to have it addressed in court, if you do have it addressed through court, you should have DCS collect so they can keep track of payments. This can be a benefit to both sides so there is no confusion about what is owed and there is no discussions necessary between the parties. You can contact DCS if there is a concern or issue, avoid discussions with the other party for you sanity and your children's sake.

#ChildSupport

Most often people are able to figure out how to get their case started and have served the other party, then they are left with when can we get this case done?

This will depend on the county you are filing in-
King and Pierce County issue case schedules that outline tasks to complete prior to the trial date
Others may require you to schedule a trial.

In all courts, no divorce can be completed before 91 days has passed.

If you are not in agreement with the other party, while the case is pending, you should be requesting temporary orders.
What you will be requesting will depend on what type of case you have filed.

There are several issues in a divorce that wouldn't be at issue in a parenting plan case.

Each require their own particular documents tailored specific to your situation. If you have a case pending that doesn't appear to be going anywhere, contact me to determine next steps.

'Til next time...

#Temporary#Court#Orders#Parenting#SpousalMaintenance#Alimony

I volunteer services every week and this is the biggest reason many have not even started, so let me just give you a small step to moving forward.

The first thing you have to determine is what county do you, the other party, and the children reside in. The case should be filed in the county the children reside in and if there are no children, then you can file in the county you reside in, although if you own property in the county the other party resides, I would suggest filing in that county. You will be filing in Superior Court for your appropriate county.

There are different methods for filing dependent on your county. Some examples are as follows;
In King County has the ability for you to set up your account and file documents online.
In Pierce County you have to contact the LINX coordinator to get an account set up to file documents online.
In Kitsap County you have to file in person.

You will have to check with the county you are filing in on how you are able to file and whether you are required to appear in person for court hearings or whether the court is operating through Zoom or another application.

Once you have determined your county and potentially have an account set up, it's time to determine documents you will need. All of the documents are available at https://www.courts.wa.gov/forms/?fa=forms.static&staticID=14

You won't necessarily need all of the documents under the Family Law title, but they are all there and are mandatory forms, so you are required to use them and the most up to date available forms will be there.

The court filing fee will be between $260-314 plus court fees. This is the initial fee that is required to be paid once you have uploaded your documents or taken them to the court house for filing. For in person, get a cashier's check or money order. The fee is the same in all Washington courts, no matter which county you file in.

If you need to request a waiver, go to the court house and request the waiver forms from the law library or clerk and complete, appear in Ex Parte and if approved, you will then be able to file your documents.

Most Every Case requires the following to get started;
-Confidential Information Form
-Petition
-Summons (when parties are not in agreement)

The type of Petition or Summons needed will depend on the type of case you are filing i.e.
Divorce
Establishing a Parenting Plan/Child Support

This is just to start the case, contact me if you need assistance. I will advise, draft, and file your documents for you.

Stay tuned for more information and guidance...

​#Petition#Divorce#Parenting#ChildSupport#Court#Familylaw