Form FL Non-Parent423 "Motion for Temporary Non-parent Custody Order and Restraining Order" - Washington

What Is Form FL Non-Parent423?

This is a legal form that was released by the Washington Superior Court - a government authority operating within Washington. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on March 1, 2020;
  • The latest edition provided by the Washington Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of Form FL Non-Parent423 by clicking the link below or browse more documents and templates provided by the Washington Superior Court.

ADVERTISEMENT
ADVERTISEMENT

Download Form FL Non-Parent423 "Motion for Temporary Non-parent Custody Order and Restraining Order" - Washington

423 times
Rate (4.8 / 5) 24 votes
Superior Court of Washington, County of _______________
In re custody of:
Children:
No.
Motion for Temporary Non-Parent
Custody Order (MTTO)
Petitioner/s (person/s who started this case):
[ ] and Restraining Order (MTNPO)
Respondents (parents and any guardian or custodian):
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.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 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.
RCW 26.10.070, 110, .115, .200
Motion for Temporary
Mandatory Form (03/2020)
Non-Parent Custody Order
FL Non-Parent 423
p. 1 of 7
Superior Court of Washington, County of _______________
In re custody of:
Children:
No.
Motion for Temporary Non-Parent
Custody Order (MTTO)
Petitioner/s (person/s who started this case):
[ ] and Restraining Order (MTNPO)
Respondents (parents and any guardian or custodian):
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.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 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.
RCW 26.10.070, 110, .115, .200
Motion for Temporary
Mandatory Form (03/2020)
Non-Parent Custody Order
FL Non-Parent 423
p. 1 of 7
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.
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 case to
move forward.
[ ] An adequate cause hearing is scheduled for (date):
.
Warning! The court cannot approve temporary non-parent custody orders before deciding adequate cause.
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 Indian 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 the 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 tribe 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)
RCW 26.10.070, 110, .115, .200
Motion for Temporary
Mandatory Form (03/2020)
Non-Parent Custody Order
FL Non-Parent 423
p. 2 of 7
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 parents 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;
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 those 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.)
[ ] None of the other parties are covered by the state or federal Servicemembers Civil
Relief Acts.
[ ] (Name):
is covered by the [ ] state [ ] federal Servicemembers 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 person 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. Lawyer for Children.
[ ] No request.
[ ] Request an appointment of a lawyer to represent the interests of a minor or dependent
.
child with respect to custody, support, and visitation
RCW 26.10.070, 110, .115, .200
Motion for Temporary
Mandatory Form (03/2020)
Non-Parent Custody Order
FL Non-Parent 423
p. 3 of 7
8.
Support, 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):
[ ] Order that (name/s):
may claim
the children as dependents on tax forms.
[ ] Other:
9.
Fees and costs
[ ] 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):
10. 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 Court 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 Restraining Order” box 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.
RCW 26.10.070, 110, .115, .200
Motion for Temporary
Mandatory Form (03/2020)
Non-Parent Custody Order
FL Non-Parent 423
p. 4 of 7
[ ] 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.
[ ] Prohibit weapons and order surrender
Do not access, possess, or obtain any firearms, other dangerous weapons, or
concealed pistol licenses until the Order ends, and
Immediately surrender any firearms, other dangerous weapons, and any
concealed pistol licenses that he/she possesses to (check one):
the police
[ ]
chief or sheriff.
his/her lawyer.
other person (name):
.
[ ]
[ ]
[ ] Other:
11. Other temporary orders
[ ] No request.
[ ] (Specify):
 Reasons for my requests
12. 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 135.
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 the 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 financial
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 26.10.070, 110, .115, .200
Motion for Temporary
Mandatory Form (03/2020)
Non-Parent Custody Order
FL Non-Parent 423
p. 5 of 7
Page of 7