Washington Emergency Custody Motion

Introduction

Key Things to Know

1. 1

   If a child is in immediate danger, call 911 now. A court filing takes time and cannot protect a child in the moment.

2. 2

   Washington has no custody-specific emergency statute. Ex parte relief is a temporary restraining order under CR 65(b) and, in a ch. 26.09 case, RCW 26.09.060(2),(5), requested on a Motion for Immediate Restraining Order (Ex Parte). The court decides whether to grant it.

3. 3

   In a ch. 26.09 case, the court may issue the order without notice "only if it 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."

4. 4

   Notice to the other parent is the default. CR 65(b) requires the applicant's attorney to certify in writing the efforts made to give notice and the reasons notice should not be required. The other parent may move to dissolve or modify on 2 days' notice or shorter notice the court prescribes.

5. 5

   A without-notice order expires within the time the court fixes, not to exceed 14 days, and can be extended for a like period for good cause. The follow-up motion is set at the earliest possible time.

6. 6

   Washington has statewide pattern forms, including FL Divorce 221 and 222, FL Parentage 321 and 322, and FL Modify 621 and 622, plus FL All Family 150 and 151. Pattern forms are mandatory under RCW 26.18.220, but failure to use them is not grounds to dismiss or refuse a filing.

7. 7

   For abuse concerns, ask about a protection order under ch. 7.105 RCW and report to DCYF intake (after hours 866-363-4276). For non-emergency changes, see the modifying child custody guide.

Washington Requirements for Emergency Custody Motion

• Ex Parte Restraining Order Authority

  Washington has no custody-specific emergency statute. Ex parte relief is a temporary restraining order under CR 65(b) and, in a ch. 26.09 case, RCW 26.09.060(2),(5).

• Irreparable Injury Finding

  In a ch. 26.09 case, the court may issue an order without notice only if it finds that irreparable injury could result if an order is not issued until the time for responding has elapsed (RCW 26.09.060(5)).

• Supporting Affidavit or Declaration

  CR 65(b) requires specific facts shown by affidavit or verified complaint that immediate and irreparable injury, loss, or damage will result before the adverse party can be heard.

• Written Certification of Notice Efforts

  CR 65(b) requires the applicant's attorney to certify in writing the efforts made to give notice and the reasons notice should not be required.

• 14-Day Limit on Without-Notice Orders

  A without-notice order expires within the time the court fixes, not to exceed 14 days, and may be extended for a like period for good cause or longer with consent (CR 65(b)).

• Motion to Dissolve on 2 Days' Notice

  The adverse party may move to dissolve or modify the order on 2 days' notice or shorter notice the court prescribes (CR 65(b)).

• Statewide Pattern Forms

  Washington has pattern forms for ex parte restraining orders, including FL Divorce 221 and 222, FL Parentage 321 and 322, and FL Modify 621 and 622. Using them is mandatory under RCW 26.18.220, but failure to use them is not grounds to dismiss or refuse a filing.

• Emergency Jurisdiction Under RCW 26.27.231

  A Washington court has temporary emergency jurisdiction if the child is present and abandoned, or emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with abuse.