Washington > Statewide > Domestic Relations > Nonparental Custody
Motion-Declaration For Ex Parte Restraining Order And For Order To Show Cause CU 03.0150 - Washington
| Motion-Declaration For Ex Parte Restraining Order And For Order To Show Cause Form. This is a Washington form and can be used in Nonparental Custody Domestic Relations Statewide . |
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SUPERIOR COURT OF WASHINGTON COUNTY OF In re the Custody of: NO. Child(ren), MOTION/DECLARATION FOR Petitioner(s), EX PARTE RESTRAINING ORDER and AND FOR ORDER TO SHOW CAUSE (NONPARENTAL CUSTODY) (MTAF) Respondent(s). I. MOTION Based upon the reasons set forth in the declaration below, the undersigned moves the court for a temporary order and order to show cause. 1.1 EX PARTE RESTRAINING ORDER. A temporary restraining order should be granted without written or oral notice to the other party or the other partys lawyer because immediate and irreparable injury, loss, or damage will result before the other party or the other partys lawyer can be heard in opposition. This order should restrain or enjoin: [ ] ______________________________ [Name] from molesting or disturbing the peace of __________________________________________________________ [Name(s)]. [ ] ______________________________ [Name] from going onto the grounds of or entering the home, work place or school of the other party, or the day care or school of the following named children: _______________________________________________. [ ] ____________________________________________ [Name] from knowingly coming within or knowingly remaining within __________________ (distance) of the home, work place or school of the other party or the day care or school of the following children: _______________________________________________________________________. [ ] ______________________________ [Name] from removing any of the children from the state of Washington. MTN/DECL FOR EX PARTE RESTRAINING ORD (MTAF) - Page 1 of 5 WPF CU 03.0150 (6/2004) - CR 65 (b); RCW 26.10.115 <<<<<<<<<********>>>>>>>>>>>>> 2 [ ] Other: ______________________________ [Name] should be required to appear and show cause why these restraints should not be continued in full force and effect pending final determination of this action. 1.2 OTHER EX PARTE RELIEF. [ ] Order that ______________________________ [Name] shall be the person with whom the children reside until the hearing. [ ] Other: 1.3 SURRENDER OF DEADLY WEAPONS. [ ] Does not apply. [ ] (IF THIS BOX IS CHECKED, CLEAR AND CONVINCING REASONS FOR THIS REQUEST MUST BE PRESENTED IN PARAGRAPH 2.3 BELOW.) The court should require ______________________________ [Name] to surrender any deadly weapon in his or her immediate possession or control or subject to his or her immediate possession or control to the sheriff of the county having jurisdiction of this proceeding, to his or her lawyer or to a person designated by the court. 1.4 OTHER TEMPORARY RELIEF. [ ] Does not apply. [ ] ______________________________ [Name] also be required to appear and show cause why the court should not enter a temporary order which: [ ] grants the petitioner custody of the following children: [ ] gives reasonable visitation to ______________________________ [Name]. [ ] orders child support as determined pursuant to the Washington State Support Schedule. [ ] orders him or her to pay temporary attorneys fees, other professional fees and costs in the amount of $_______________ to: [ ] Other: MTN/DECL FOR EX PARTE RESTRAINING ORD (MTAF) - Page 2 of 5 WPF CU 03.0150 (6/2004) - CR 65 (b); RCW 26.10.115 <<<<<<<<<********>>>>>>>>>>>>> 3 1.5 INDIAN CHILD WELFARE ACT. The moving party requests that the court enter an order finding that: Indian Child Status: [ ] The child(ren) are Indian child(ren) as defined by the Indian Child Welfare Act, 25 USC 1903, and notice of this action must be given in accordance with 25 U.S.C. 1912(a). [ ] None of the child(ren) are Indian child(ren) as defined by 25 U.S.C. 1903. Jurisdiction: [ ] The child(ren) are Indian child(ren) as defined by the Indian Child Welfare Act, 25 USC 1903, but are not domiciled or residing within the boundaries of an Indian reservation; and no Tribal Court has continuing jurisdiction over the child(ren); this court has jurisdiction under 25 USC 1911. [ ] The child(ren) are Indian child(ren) as defined by the Indian Child Welfare Act, 25 USC 1903, and are domiciled or residing within the boundaries of an Indian reservation; or a Tribal Court has continuing jurisdiction over the child(ren). 1.6 OTHER. Dated: Signature of Moving Party or Lawyer/WSBA No. Print or Type Name II. DECLARATION 2.1 INJURY TO BE PREVENTED. The ex parte restraining order requested in paragraph 1.1 above is to prevent the following injury (define the injury): 2.2 REASONS WHY THE INJURY MAY BE IRREPARABLE. This injury may be irreparable because: MTN/DECL FOR EX PARTE RESTRAINING ORD (MTAF) - Page 3 of 5 WPF CU 03.0150 (6/2004) - CR 65 (b); RCW 26.10.115 <<<<<<<<<********>>>>>>>>>>>>> 4 2.3 REASONS FOR OTHER EX PARTE RELIEF. [ ] Does not apply. [ ] It is necessary that the court issue the other ex parte relief requested in paragraph 1.2 above for the reason set forth below: 2.4 CLEAR AND CONVINCING REASONS WHY WEAPONS SHOULD BE SURRENDERED. [ ] Does not apply. [ ] _______________________________ [Name] should be required to surrender any deadly weapons as requested in paragraph 1.3 above because of following clear and convincing reasons: 2.5 REASONS FOR A TEMPORARY ORDER. [ ] Does not apply. MTN/DECL FOR EX PARTE RESTRAINING ORD (MTAF) - Page 4 of 5 WPF CU 03.0150 (6/2004) - CR 65 (b); RCW 26.10.115 <<<<<<<<<********>>>>>>>>>>>>> 5 [ ] It is necessary that the court issue a temporary order with the relief requested in paragraph 1.4 above for the following reasons: I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed at ________________________, [City] __________ [State] on ____________________ [Date]. Signature of Moving Party Print or Type Name DO NOT ATTACH FINANCIAL RECORDS TO THIS DECLARATION. FINANCIAL RECORDS SHOULD BE SERVED ON THE OTHER PARTY AND FILED WITH THE COURT SEPARATELY USING THE SEALED FINANCIAL SOURCE DOCUMENTS COVER SHEET (WPF DRPSCU 09.0220). IF FILED SEPARATELY USING THE COVER SHEET, THE RECORDS WILL BE SEALED TO PROTECT YOUR PRIVACY (ALTHOUGH THEY WILL BE AVAILABLE TO THE OTHER PARTIES IN THE CASE, THEIR ATTORNEYS, AND CERTAIN OTHER INTERESTED PERSONS. SEE GR 22 (C)(2)). III. EFFORTS TO GIVE OTHER PARTY NOTICE. The following efforts have been made to give the other party or other partys lawyer notice and the following reasons exist why notice should not be required: Dated: Signature of Moving Party or Lawyer/WSBA No. Print or Type Name MTN/DECL FOR EX PARTE RESTRAINING ORD (MTAF) - Page 5 of 5 WPF CU 03.0150
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