TEMPORARY ORDERS

Question 1

Know what evidence should be presented under RCW 26.09.194 for obtaining a temporary parenting plan.

Answer 1

a) The name, address, and length of residence with the person or persons with whom the child has lived for the preceding twelve months;
(b) The performance by each parent during the last twelve months of the parenting functions relating to the daily needs of the child;
(c) The parents’ work and child-care schedules for the preceding twelve months;
(d) The parents’ current work and child-care schedules; and
(e) Any of the circumstances set forth in RCW 26.09.191 that are likely to pose a serious risk to the child and that warrant limitation on the award to a parent of temporary residence or time with the child pending entry of a permanent parenting plan.

Question 2

Know what types of temporary orders can be obtained in a domestic relations action.

Answer 2

1. Temporary restraining order
2. Temporary order (may address spousal support, TROs, temp division of property and debts)
3. Temporary Order of Child Support
4. Temporary Parenting Plan

Question 3

EX PARTE AND TEMPORARY ORDERS

Know the INITIAL procedure for entering a temporary parenting plan.

Answer 3

Motion and Declaration
Note Calendar
Proposed Parenting Plan
Temporary Parenting Plan (order)
Child Support Worksheets
Child Support Order / Proposed

Question 4

EX PARTE AND TEMPORARY ORDERS

Know the INITIAL procedure for entering a temporary MODIFICATION OF parenting plan.

Answer 4

Modification

Show Cause / Order
Petition for Modification
Summons
Civil Case Cover Sheet
Declaration

Question 5

Know what evidence should be presented under RCW 26.09.194 for obtaining a temporary parenting plan.

Answer 5

(a) The name, address, and length of residence with the person or persons with whom the child has lived for the preceding twelve months;
(b) The performance by each parent during the last twelve months of the parenting functions relating to the daily needs of the child;
(c) The parents’ work and child-care schedules for the preceding twelve months;
(d) The parents’ current work and child-care schedules; and
(e) Any of the circumstances set forth in RCW 26.09.191 that are likely to pose a serious risk to the child and that warrant limitation on the award to a parent of temporary residence or time with the child pending entry of a permanent parenting plan.

Question 6

Know when it is appropriate to go in ex parte for an immediate order rather than providing notice and setting a hearing on a motion for temporary orders.

Answer 6

Ex parte relief may be obtained without notice to the other party under RCW 26.09.060(5) “only if [the court] finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.”

A party would typically seek ex parte relief to preserve

• marital assets from the threat of removal or dissipation,
• to restrain removal of the children from the jurisdiction,
• or to obtain physical restraints (e.g., prohibiting disturbance of the peace, or specified restraints on conduct, such as a no-contact restraint).

***Because the standard for ex parte relief requires a showing of irreparable injury, practitioners should limit requests for relief to those circumstances in which a clear showing can be made.

Question 7

Know the duration of a temporary order.

Answer 7

T.O. shall expire by its terms within such time after entry, not to exceed 14 days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered of record.

Question 8

Know a party’s options when s/he has been served with an ex parte order without having received notice of the ex parte hearing.

Answer 8

In case a temporary restraining order is granted without notice,

the motion for a preliminary injunction shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character,

and when the motion comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for a preliminary injunction

and if the party does not do so, the court shall dissolve the temporary restraining order.

On 2 days’ notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification and in that event, the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

Question 9

Know if and what notice a party is required to provide to the other party when seeking an ex parte restraining order.

Answer 9

The type of notice would be discretionary with the court but could include a telephonic notice for an expedited hearing,

generally in the ex parte or presiding departments. If orders have previously been entered in the case and there is counsel of record for the opposing party, notice should be given to counsel.

Ex parte relief may be obtained without notice to the other party under RCW 26.09.060(5)

“only if [the court] finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.”