December 2000

SUMMARY OF CHANGES TO DOMESTIC RELATIONS FORMS

Use this sheet to track changes made in Fall 2000 to the forms.

All Washington State mandatory domestic relations pattern forms were modified to comply with the General Rule 14 margin requirements that go into effect April 1, 2001. Please discard all domestic relations forms and replace them with the forms in this packet. You may use the revised forms now and must use them by the GR 14 implementation date.

In addition to the margin changes, some of the forms were also modified in Fall, 2000 as follows:

CHAPTERS 26.09, 26.10 and 26.26 RCW

NOTE: Please contact the County Clerk for information regarding filing fees associated with the Child Relocation Act forms.

WPF DRPSCU 07.0500 Notice of Intended Relocation of Children

Page 1, paragraph 1.1 three more lines for children's names were added.

Page 3, section IV. INFORMATION REGARDING PROPOSED RELOCATION IF KNOWS, the parenthetical phrase after the information table was changed from:

(Some of this information may be withheld because of fear of harm to a person or child. Ch. 21, L 00, § 8.)

To:

(Some or all of this information may be withheld if the relocating person is a participant in the Washington State Address Confidentiality Program or if there is an existing court order that allows some or all of this information to be kept confidential. A relocating person also may seek an ex parte court order allowing information to be withheld upon a showing that providing the information would create unreasonable risk to a person's or a child's health and safety. RCW 26.09.460.)

The reference in the footer to Ch. 21, L 2000, was changed to RCW 26.09.440.
WPF DRPSCU 07.0550 Motion/Declaration for Ex Parte Order to Waive Requirements for Notice of Intended Relocation of Children

The reference to Ch. 21, L 2000, in the text of the motion and in the footer was changed to RCW 26.09.460.

In paragraph 2.1, Reasons for Waiver of Notice Requirements, the following two check box options were added to the left-hand column as the first and fourth options:

[ ] all relocation notice requirements
[ ] other:
WPF DRPSCU 07.0555 Order Waiving Notice Requirements for Relocation of Children

The reference to Ch. 21, L 2000, in section I. BASIS and in the footer was changed to RCW 26.09.460.

In paragraph 3.1, the following check box option was added to the left-hand column as the first option:

[ ] all relocation notice requirements

WPF DRPSCU 07.0600 Return of Service (Notice of Intended Relocation of Children)

The reference to Ch. 21, L 2000, § 6, in paragraph 4 and in the footer was changed to RCW 26.09.440(1)(a).

WPF DRPSCU 07.0700 Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential Schedule

This is a new form for use when objecting to a proposed relocation of a child or to the relocating party's proposed new parenting plan/residential schedule.

This petition replaces the Objection to Relocation/Motion for Modification of Custody Decree/Parenting Plan/Residential Schedule.


WPF DRPSCU 07.0720

Summons (Objection to Relocation/Modification of Custody Decree/Parenting Plan/Residential Schedule (SM)

This is a new Summons for use with WPF DRPSCU 07.0700.

WPF DRPSCU 07.0730 Response (Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential Schedule) (RSP)

This is a new Response for use with WPF DRPSCU 07.0700.

WPF DRPSCU 07.0760 Return of Service (Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential Schedule) (RTS)

This is a new Return of Service for use with WPF DRPSCU 07.0700.

WPF DRPSCU 07.0800 Motion/Declaration for an Ex Parte Order Allowing Change of Children's Principal Residence (Relocation) (MTAF)

This form was renumbered. Its previous number was WPF DRPSCU 07.0810.

In section I. MOTION, after the introductory phrase "Based upon the declaration below, the following phrase was inserted:

"and pursuant to RCW 26.09.480(2),"

The phrase "pursuant to Ch. 21, L 2000, § 10(2)," at the end of the sentence was deleted.

The reference to Ch. 21, L 2000, in the footer was updated to RCW 26.09.480(2).

WPF DRPSCU 07.0830 Ex Parte Order Re: Change of Children's Principal Residence (Relocation) (ORDYMT or ORGRRE)

This form was renumbered. Its previous number was WPF DRPSCU 07.0855.

The reference to Ch. 21, L 2000, § 10(2), in section I. BASIS and the reference to Ch. 21, L 2000, in the footer were changed to RCW 26.09.480(2).

In paragraph 2.1, the reference to Ch. 21, L 2000, §§ 6 - 8, was changed to RCW 26.09.440 through 26.09.460.

WPF DRPSCU 07.0850 Motion/Declaration for Temporary Order Restraining Relocation of Children (MTAF)

This form was renumbered. Its previous number was WPF DRPSCU 07.0800.

In section I. MOTION, the reference to Ch. 21, L 2000, § 12(5), [10(20)], was changed to RCW 26.09.510(1). In the second line, a check box was inserted after "order" and before "restraining" and the word "or" was replaced with a check box.

In paragraph 2.2, the second check box option was changed from:

[ ] was not provided in a timely manner as follows:

to
[ ] was not provided at least 60 days before the intended move.

And a third check box option was added:

[ ] was provided late or not at all and there are no reasonable circumstances that justify failure to provide notice on time.

The reference to Ch. 21, L 2000, in the footer was changed to RCW 26.09.510(1).
WPF DRPSCU 07.0870 Motion/Declaration for Temporary Order Permitting Relocation of Children (MTAF)

This is a new form for use by a relocating party to ask the court for a temporary order permitting relocation of the children pending the final hearing. This form is based upon RCW 26.09.510(2).

WPF DRPSCU 07.0890 Temporary Order Re: Relocation of Children

This form was renumbered. Its previous number was WPF DRPSCU 07.0850.

WPF DRPSCU 07.0890 is for use with forms WPF DRPSCU 07.0850 and 07.0870.

Section I. BASIS was changed to:

[ ] A motion for a temporary order [ ] restraining relocation of children [ ] ordering the return of the children was filed pursuant to RCW 26.09.510(1).

[ ] A motion for a temporary order authorizing the intended relocation of the child pending final hearing was filed pursuant to RCW 26.09.510(2).

Paragraph 2.1 was changed to:

2.1 Notice of intended relocation of the children.

[ ] The required notice of intended relocation of the children was provided in a timely manner.

[ ] The required notice of intended relocation of the children was not provided in a timely manner and the nonrelocating party [ ] was [ ] was not substantially prejudiced.

[ ] The relocating party did not comply with the notice requirements. Circumstances warrant issuance of an order authorizing the relocation and issuing a revised parenting plan/residential schedule.

Paragraph 2.3 was changed to:

2.3 After examining the evidence presented at the hearing for temporary orders in which the parties had adequate opportunity to prepare and be heard:

[ ] there is a likelihood that on final hearing the court will not approve the intended relocation of the children.

[ ] no circumstances exist sufficient to warrant a relocation of the children prior to a final determination at trial.

[ ] there is a likelihood that on final hearing the court will approve the intended relocation of the children.

Section III. Order was changed to:

IT IS ORDERED that:

[ ] The motion for temporary order restraining relocation of the children is [ ] granted [ ] denied.
[ ] The motion for temporary order ordering the return of the children is [ ] granted [ ] denied.
[ ] The motion for temporary order permitting relocation of the children is [ ] granted [ ] denied.

IT IS FURTHER ORDERED that:

[ ] The relocating party is restrained from moving the children pending the final hearing.
[ ] The relocating party is ordered to return the children.
[ ] The relocating party is permitted to change the children's principal residence.
[ ] The custody decree/parenting plan/residential schedule signed by the court and entered on
_______________________ [Date] shall remain in effect.
[ ] The parties shall comply with the temporary parenting plan/residential schedule signed by the court on ________________ [Date].
[ ] Other:
WPF DRPSCU 07.0900 Order On Objection to Relocation/Modification of Custody Decree/Parenting Plan/Residential Schedule (Relocation)

The reference to Ch. 21, L 2000, in the footer was updated to RCW 26.09.520.

On page 1, section I. BASIS, the following check box was inserted as the third check box:

[ ] An order of default entered on __________ [Date].

A new paragraph 2.1 ADEQUATE CAUSE was added:

2.1 ADEQUATE CAUSE.

The relocation of a child was pursued. There was no need for adequate cause for hearing this petition for modification.

The remaining paragraphs were renumbered.

Previous paragraph 2.3 MODIFICATION PURSUANT TO RCW 26.09.260(6) was deleted and replaced with new paragraph 2.4:

2.4 FINDINGS REGARDING OBJECTION TO RELOCATING PARTY'S PROPOSED PARENTING PLAN/RESIDENTIAL SCHEDULE.

[ ] The petition for modification should be denied. The relocating party's proposed parenting plan should be approved.
[ ] The petition for modification should be granted. The objecting party's request for an adjustment of the residential aspects of the relocating party's proposed parenting plan should be granted. The adjustment does not include a change in the residence in which the child resides the majority of the time.
[ ] The petition for modification should be granted. The objecting party's request for a modification of the relocating party's proposed parenting plan/residential schedule, including a change in the residence in which the child resides the majority of the time, should be granted.

Paragraph 3.2, MODIFICATION OF PARENTING PLAN was changed to:

3.2 MODIFICATION OF PARENTING PLAN:

[ ] The petition for modification is denied. The relocating party's parenting plan/residential schedule signed by the court and entered on ___________________ [Date] is approved and incorporated as part of this order. This decree or parenting plan/residential schedule supersedes all previous decrees or parenting plans/residential schedules.

[ ] The petition for modification is granted.
[ ] The custody decree/parenting plan/residential schedule signed by the court and entered on
_______________________________ [Date] shall remain in effect.

[ ] The objecting party's parenting plan/residential schedule signed by the court and entered on ____________ [Date] is approved and incorporated as part of this order. This decree or parenting plan/residential schedule supersedes all previous decrees or parenting plans/residential schedules.

Paragraph 3.3, Other was changed to:

3.3 IT IS FURTHER ORDERED:

[ ] Child support shall be modified in accordance with the objecting party's parenting plan/residential schedule approved by the court. The order of child support signed by the court and entered on ____________________ [Date] is approved and incorporated as part of this order. This order of child support supersedes all previous child support orders.

[ ] The Order of Child Support signed by the court and entered on ________________ [Date] in _____________________ County shall remain in effect.

[ ] Other:
WPF DRPSCU 07.0950 Motion/Declaration for Ex Parte Order Modifying Parenting Plan/Residential Schedule (Relocation)

The reference to Ch. 21, L 2000, § 12, in section I. MOTION and the reference to Ch. 21, L 2000, in the footer were updated to RCW 26.09.500.

In section I. MOTION, the phrase "permitting the relocation of the children and" was inserted after "moves the court for an order" and before "modifying the parenting plan "

In paragraph 2.2, "Proof of service of" was replaced with "The Return of Service for."

In paragraph 2.4, the phrase "permitting the relocation of the children and" was inserted after "I request the court to enter an order" and before "modifying the parenting plan "

WPF DRPSCU 07.0955 Ex Parte Order Modifying Parenting Plan/Residential Schedule (Relocation)

The reference to Ch. 21, L 2000, § 12, in section I. MOTION and the reference to Ch. 21, L 2000, in the footer were updated to RCW 26.09.500.

In section I. BASIS, the phrase "permitting the relocation of the children and" was inserted after "A motion for an ex parte order" and before "modifying the parenting plan "

In paragraph 2.1, "Notice of Intent to Relocate" was replaced with "Notice of Intended Relocation of Children."

In paragraph 2.2, "Proof of Service" was replaced with "Return of Service." Also in this paragraph the reference to Section 6 - 8 was updated to RCW 26.09.440 through 26.09.460.

In section III. ORDER, the phrase "permitting the relocation of the children and" was inserted after "The motion for ex parte order" and before "modifying the parenting plan "

WPF DRPSCU 07.1000 Attachment A: Summary of RCW 26.09.430. - .480, Regarding Relocation of a Child

The reference to Ch. 26, Laws 2000, §§ 5 - 10, in the document title was updated to RCW 26.09.430 - .480.

In the first paragraph, the reference to Ch. 21, Laws 2000, was updated to RCW 26.09.430 through 26.09.480.

In the third paragraph, the reference to Ch. 21, Laws 2000, § 6, was updated to RCW 26.09.440, and the form number was corrected to DRPSCU 07.0500.

In the eleventh paragraph, the form number and name were undated to WPF DRPSCU 07.0700, (Objection to Relocation/petition for Modification of Custody Decree/Parenting Plan/Residential Schedule.)


CHAPTER 26.09 RCW

WPF DR 01.0200 Summons

Page 2, the Washington State Supreme Court's form homepage was updated to: http://www.courts.wa.gov/forms.

WPF DR 01.0270 Summons by Publication

Page 2, the Washington State Supreme Court's form homepage was updated to: http://www.courts.wa.gov/forms.

WPF DR 01.0290 Summons by Mail

Page 2, the Washington State Supreme Court's form homepage was updated to: http://www.courts.wa.gov/forms.

WPF DR 01.0400 Parenting Plan

On page 2, the following informational paragraph was inserted after the heading "II. BASIS FOR RESTRICTIONS" and before paragraph 2.1:

Under certain circumstances, as outlined below, the court may limit or prohibit a parent's contact with the child(ren) and the right to make decisions for the child(ren).

On page 3, the following informational paragraph was inserted after the heading "III. RESIDENTIAL SCHEDULE" and before paragraph 3.1:

The residential schedule must set forth where the child(ren) shall reside each day of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions, and what contact the child(ren) shall have with each parent. Parents are encouraged to create a residential schedule that meets the developmental needs of the child(ren) and individual needs of their family. Paragraphs 3.1 through 3.9 are one way to write your residential schedule. If you do not use these paragraphs, write in your own schedule in Paragraph 3.13.

On page 7, paragraph 3.14, SUMMARY OF RCW 26.09.430 - .480, REGARDING RELOCATION OF A CHILD. References to Laws of Washington were replaced with citations to the Revised Code of Washington. See information regarding DRPSCU 07.1000.

On page 9, the following informational paragraph was inserted after the heading "V. DISPUTE RESOLUTION":

The purpose of this dispute resolution process is to resolve disagreements about carrying out this parenting plan. This dispute resolution process may, and under some local court rules or the provisions of this plan must, be used before filing a petition to modify the plan or a motion for contempt for failing to follow the plan.

On page 10, the last check box option in Section V, was changed from:

[ ] No dispute resolution process, except court action, shall be ordered, because [ ] a limiting factor under RCW 26.09.191 applies or [ ] one parent is unable to afford the cost of the proposed dispute resolution process.

To:

[ ] No dispute resolution process, except court action is ordered.

WPF DR 01.0500 Order of Child Support

Page 5, paragraph 3.8, REASONS WHY REQUEST FOR DEVIATION WAS DENIED, the following check box option was inserted as the first option:

[ ] Does not apply. A deviation was ordered.

WPF DR 05.0200 Order on Show Cause Re: Contempt/Judgment

On page 5, paragraph 3.10, SUMMARY OF RCW 26.09.430 - .480, REGARDING RELOCATION OF A CHILD. References to Laws of Washington were replaced with citations to the Revised Code of Washington. See information regarding DRPSCU 07.1000.

WPF DR 06.0200 Summons for Support Modification

Page 1, the Washington State Supreme Court's form homepage was updated to: http://www.courts.wa.gov/forms.

WPF DR 07.0100 Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule (PTMD)

Statutory citations in the following paragraph titles were updated to:

Page 5, paragraph 2.9 ADJUSTMENTS TO RESIDENTIAL PROVISIONS PURSUANT TO RCW 26.09.260(5),(8).

Page 6, paragraph 2.10, ADJUSTMENTS TO NONRESIDENTIAL PRPOVISIONS PURSUANT TO RCW 26.09.260(10).

WPF DR 07.0120 Summons (Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule) (SM)

Page 2, the Washington State Supreme Court's form homepage was updated to: http://www.courts.wa.gov/forms.

WPF DR 07.0400 Order Re: Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule (ORMDD)

Statutory citations in the following paragraph titles were updated to:

Page 3, paragraph 2.3 ADJUSTMENTS TO RESIDENTIAL PROVISIONS PURSUANT TO RCW 26.09.260(5), (8).

Page 4, paragraph 2.4, ADJUSTMENTS TO NONRESIDENTIAL PROVISIONS PURSUANT TO RCW 26.09.260(10).
Statutory citations in the following paragraph titles were updated to:


CHAPTER 26.10 RCW

All WPF CU Forms NOTE: The captions on all nonparental custody forms were modified by adding a line for "Children" above the line for "Petitioner," by adding (DOB) to the left margin on the same line with "Children," by adding additional space above "Respondent(s)" and adding the "(s)" to the end of "Respondent."
WPF CU 01.0200 Summons for Nonparental Custody Proceeding

Page 2, the Washington State Supreme Court's form homepage was updated to: http://www.courts.wa.gov/forms.

WPF CU 01.0450 Residential Schedule

On page 2, the following informational paragraph was inserted after the heading "II. BASIS FOR RESTRICTIONS" and before paragraph 2.1:

Under certain circumstances, as outlined below, the court may limit or prohibit a parent's contact with the child(ren) and the right to make decisions for the child(ren).

On page 7, paragraph 3.13, SUMMARY OF RCW 26.09.430 - .480, REGARDING RELOCATION OF A CHILD. References to Laws of Washington were replaced with citations to the Revised Code of Washington. See information regarding DRPSCU 07.1000.
WPF CU 01.0500 Order of Child Support

Page 5, paragraph 3.8, REASONS WHY REQUEST FOR DEVIATION WAS DENIED, the following check box option was inserted as the first option:

[ ] Does not apply. A deviation was ordered.

WPF CU 02.0200 Nonparental Custody Decree

On page 4, paragraph 3.7, SUMMARY OF RCW 26.09.430 - .480, REGARDING RELOCATION OF A CHILD. References to Laws of Washington were replaced with citations to the Revised Code of Washington. See information regarding DRPSCU 07.1000.

WPF CU 03.0200 Temporary Custody Order (Nonparental Custody)

On page 4, paragraph 3.6, SUMMARY OF RCW 26.09.430 - .480, REGARDING RELOCATION OF A CHILD. References to Laws of Washington were replaced with citations to the Revised Code of Washington. See information regarding DRPSCU 07.1000.

WPF CU 03.0310 Summons for Visitation Proceeding

Page 2, the Washington State Supreme Court's form homepage was updated to: http://www.courts.wa.gov/forms.

WPF CU 03.0350 Visitation Decree

On page 2, paragraph 3.4, SUMMARY OF RCW 26.09.430 - .480, REGARDING RELOCATION OF A CHILD. References to Laws of Washington were replaced with citations to the Revised Code of Washington. See information regarding DRPSCU 07.1000.


CHAPTER 26.26 RCW

All WPF PS Forms NOTE: The captions on all parentage forms were modified by adding a line for "Child(ren)" above the line for "Petitioner" and by adding (DOB), for the children's birth dates, at the left margin on the same line as "Child(ren).
WPF PS 01.0160 Summons (Parentage)

Page 2, the Washington State Supreme Court's form homepage was updated to: http://www.courts.wa.gov/forms.

WPF PS 01.0190 Summons by Publication (Parentage)

Page 2, the Washington State Supreme Court's form homepage was updated to:http://www.courts.wa.gov/forms.

WPF PS 01.0290 Summons by Mail (Parentage)

Page 2, the Washington State Supreme Court's form homepage was updated to: http://www.courts.wa.gov/forms.

WPF PS 01.0400 Parenting Plan

On page 2, the following informational paragraph was inserted after the heading "II. BASIS FOR RESTRICTIONS" and before paragraph 2.1:

Under certain circumstances, as outlined below, the court may limit or prohibit a parent's contact with the child(ren) and the right to make decisions for the child(ren).

On page 3, the following informational paragraph was inserted after the heading "III. RESIDENTIAL SCHEDULE" and before paragraph 3.1:

The residential schedule must set forth where the child(ren) shall reside each day of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions, and what contact the child(ren) shall have with each parent. Parents are encouraged to create a residential schedule that meets the developmental needs of the child(ren) and individual needs of their family. Paragraphs 3.1 through 3.9 are one way to write your residential schedule. If you do not use these paragraphs, write in your own schedule in Paragraph 3.13.

On page 7, paragraph 3.14, SUMMARY OF RCW 26.09.430 - .480, REGARDING RELOCATION OF A CHILD. References to Laws of Washington were replaced with citations to the Revised Code of Washington. See information regarding DRPSCU 07.1000.

On page 9, the following informational paragraph was inserted after the heading "V. DISPUTE RESOLUTION":

The purpose of this dispute resolution process is to resolve disagreements about carrying out this parenting plan. This dispute resolution process may, and under some local court rules or the provisions of this plan must, be used before filing a petition to modify the plan or a motion for contempt for failing to follow the plan.

On page 9, the last check box option in Section V, was changed from:

[ ] No dispute resolution process, except court action, shall be ordered, because [ ] a limiting factor under RCW 26.09.191 applies or [ ] one parent is unable to afford the cost of the proposed dispute resolution process.

To:

[ ] No dispute resolution process, except court action is ordered.

WPF PS 01.0450 Residential Schedule

On page 2, the following informational paragraph was inserted after the heading "II. BASIS FOR RESTRICTIONS" and before paragraph 2.1:

Under certain circumstances, as outlined below, the court may limit or prohibit a parent's contact with the child(ren) and the right to make decisions for the child(ren).

On page 3, the following informational paragraph was inserted after the heading "III. RESIDENTIAL SCHEDULE" and before paragraph 3.1:

The residential schedule must set forth where the child(ren) shall reside each day of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions, and what contact the child(ren) shall have with each parent. Parents are encouraged to create a residential schedule that meets the developmental needs of the child(ren) and individual needs of their family. Paragraphs 3.1 through 3.9 are one way to write your residential schedule. If you do not use these paragraphs, write in your own schedule in Paragraph 3.13.

On page 7, paragraph 3.14, SUMMARY OF RCW 26.09.430 - .480, REGARDING RELOCATION OF A CHILD. References to Laws of Washington were replaced with citations to the Revised Code of Washington. See information regarding DRPSCU 07.1000.
WPF PS 01.0500 Order of Child Support

Page 5, paragraph 3.8, REASONS WHY REQUEST FOR DEVIATION WAS DENIED, the following check box option was inserted as the first option:

[ ] Does not apply. A deviation was ordered.


WPF PS 04.0200

Judgment and Order Determining Parentage and Granting Additional Relief

On page 7, paragraph 3.13, SUMMARY OF RCW 26.09.430 - .480, REGARDING RELOCATION OF A CHILD. References to Laws of Washington were replaced with citations to the Revised Code of Washington. See information regarding DRPSCU 07.1000.

WPF PS 05.0200 Order on Show Cause Re Contempt/Judgment

On page 5, paragraph 3.9, SUMMARY OF RCW 26.09.430 - .480, REGARDING RELOCATION OF A CHILD. References to Laws of Washington were replaced with citations to the Revised Code of Washington. See information regarding DRPSCU 07.1000.


Download This Information

Download a Word 6.0 version of the December 2000 Summary of Changes to Domestic Relations Forms.
 

Privacy and Disclaimer NoticesSitemap

© Copyright 2024. Washington State Administrative Office of the Courts.

S5