Resources - Family Court

Page Contents

This page is meant to be a dashboard for parties while on their cases. Many links will take you out of our website, if you are taken to an error page, google the title of the link and city/state/county to find the webpage. The information contained in this website does not constitute legal advice and is meant for general informational purposes only, does not create an attorney client relationship, please contact a licensed Washington State family law attorney for legal advice.

  1. Washington State Custody Laws,

  2. Accessing filed documents by County,

  3. Instructions created by the court relevant to all of Washington State

  4. Trial Instructions and Forms,

  5. Tips from PAYES,

  6. Tips from Attorney Firms,

  7. Recommended Professionals and Tips Regarding Professionals and Evaluations

  8. Documents Available by Public Records,

  9. Sources Worth Citing in Cases

  10. Courtroom Etiquette Dos and Don’ts.

    This is for informational purposes only, this is not legal advice, for legal advice you should contact an attorney.

  1. Washington State Custody Laws

1. WASHINGTON STATE LAWS: The statutes that govern custody disputes are listed in RCW 26.09 and RCW 7.105, we recommend reading at least the titles of all the statutes, the most important statutes should be read in full. Here is our list of the most important statutes based on our perceived impact in parenting plans are: RCW 26.09.191 (Parenting Plan Considerations when DV is a factor), RCW 26.09.187 (Additional Parenting Plans Considerations), RCW 7.105.010 (Definition of DV), RCW 26.09.002 (Best Interest) and RCW 26.09.260 (modifications)

2. ALL WASHINGTON STATE CASELAW: The Appellate Case Law of the State of Washington (When searching case law use the: Proximity Search Guide. These tips, aka search operators, will help you find better results in this search engine.)

3. PAYES’S SELECTED CASELAW: PAYES list of most helpful Caselaw (updated February 16, 2024).

4. FVAP AND LV’S SELECTED DOMESTIC VIOLENCE CASELAW: Domestic Violence Protection Order Case Law in Washington State. (Updated September 2021).

5. LAWS OUTSIDE OF WASHINGTON: Idaho Law w/ Case Law

2. Accessing filed documents by County [more counties to be added soon]

Forms: All Counties of Washington State

Link to All Trial Court Forms.

Link to Appellate Court Forms and Rules.

King County

Efile Online. If you have questions about e-
filing call 206-477-3000, or email eServices@kingcounty.gov.

Looking up Ex Parte hearing schedule: King County Superior Court’s Ex Parte Calendar Activity.

Looking up filed documents: King County Superior Court’s Records Access Portal.

Email or call clerk: DJA.CustomerServiceEmail@kingcounty.gov or 206-477-0845

Pierce County

Efile Online. Pro Se (Without an attorney) Linx Account. With this account, you can E-File documents, schedule hearings, and view documents in your case.

Court Rules:

Note: there are statewide court rules (CR) applicable to all counties in Washington, and local court rules (LCR, sometimes LAR), additional rules specific to each county.

Statewide Superior Court Rules

All Counties Local Superior Court Rules (Quick link: Clark County, King County, Pierce County, Snohomish County). Tip: use the “find” function: Mac: use <command> “f” PC with <ctrl> “f”)

All Other Counties:

Accessing Court Documents (some counties may have more direct access, this a general list of contact information to request access).

Docket Filings (looking up all documents, dates of hearings, etc.)

3. Instructions created by the court relevant to all of Washington State.

How to file Almost any Motion. kingcounty.gov webpage with links to instructions on how to file 35+ different types of motions including how to :ask for an order, respond to other party’s filings, ask the judge to reconsider their decision, ask a judge to review a commissioner’s decision, ask/respond to a contempt motion and much more. Need to respond or request something of the court?

How To Change Your Court Date Document. 4 pages. Produced by King County Court. This comes with step by step instructions, links to forms and this instruction template could be used for other motions. Need more time, need a continuance?

How to File an Emergency Violence Protection Order in King County Document. 3 pages with links to court forms. Is your ex abusive?

How to Subpoena Witnesses and Documents Document. 4 pages of instructions with court forms attached. Need help getting your evidence for trial/hearings?

How to Submit Civil and Family Law Motions Video. 1 hour. Produced by King County Law Library. Want to learn to file your own motions?

Abusive Use of Litigation. Summary of Statute. You can stop your ex from filing AuoL (abusive use of litigation, see full statute RCW 26.51), but also, as pro se you want to be careful not to be labeled with abusive or “frivolous” litigation, as pro se parties often litigate in error. While you can only be labeled with AuoL if you are founded to have committed domestic violence (RCW 26.51.020 (2)(a)(i)), this has not stopped the courts from sanctioning naive pro se domestic violence victims with attorney fees for litigating in error, or “frivolous litigation.”

King County’s Family Law 101 Pro Se Litigants Powerpoint PDF. ~100 page PDF of slides. King County requires pro se litigants to review that assists in representing yourself throughout the process in family court, originally a powerpoint.

How to File for Contempt. Instructions from Northwest Justice Project on how to file for contempt. Is the other parent violating the parenting plan?

Avoiding the “Parental Alienation” Trap. Shockingly, Washington State actually contains a provision for parental alienation, its proxy is Abusive Use of Conflict (RCW 26.09.191(3)(e)), and many judges have awarded custody to abusers based on this. This document is our collection of incidents parents were involved in which the court used to tag them with Abusive Use of Conflict and remove partial or total custody.

4. Trial Instructions and Forms.

Is my trial an informal or formal trial? Informal trials are normally only held when both parties are pro se and both parties have to consent to an informal trial. More information here about what is an informal vs. formal trial.

All Trials: Submit documents by their deadline according to the trial schedule your court gave you, keep in mind discovery is “the formal process of exchanging information” and discovery can take 1-2 months (sometimes 6 months for public records) prior to deadlines that are several months before your trial, so you should initiate discovery at least 4-6 months before trial. How to Lay A Record for Appeal By FVAP.

Informal Trial: Here is an example of an Informal Trial Schedule. Download Informal Trial Instructions and Forms. Procedure and Rules of Evidence for Informal Trials.

Formal Trial: Formal Trial Preparation Instructions. Evidence: Washington State Court Rules of Evidence, Judge’s Bench Guide for Rules of Evidence for Formal Trials, and ER 803 Hearsay Exceptions. Research objections and how to make them, there may be better guides, however here is one: 17 Fundamental Mock Trial Objections and How to Make Them. Tips for Objecting and Responding to Objections in Trial. Admitting Evidence at Trial: Process to Admit Evidence by womenslaw.org and How to Introduce Court Exhibits into Evidence at Trial.

5. Tips from PAYES

  1. Do not get a guardian ad litem, if possible ask for a family court services evaluator instead who is done after their initial investigation. A Guardian Ad Litem is the equivalent of a third party to the case.

  2. If Domestic Violence or any other dangerous circumstance is a factor in your case file for a Domestic Violence Protection Order before you file for divorce or separation.

  3. In your documents, declarations, exhibits, etc., keep it simple, you see your life as a movie, your judge or commissioner is reading your life like a book, make everything you present clear, simple, concise and thorough.

  4. If safe to do so, begin documenting as soon as you feel you might separate or enter into a custody dispute. The sooner you start gathering documentation the better. Additionally: 1. Be as organized as possible, 2. Store your documents in a safe place, and 3. Organize by date.

  5. See our page Breaking Free page for more resources accessing representation, including getting your ex to pay attorney fees in advance of incurring them.

6. Tips from Attorney Firms

Writing Declarations: How To Draft Declarations Washington State, by Genesis Law (PDF)

Writing Briefs: How to Write A Kick-ass Motion.

Filing Motions: How To File Motions, by Genesis Law (PDF)

Filing for DVPO: Hearing Guidelines for DVPOs by Legal Voice

Browse Attorney Written Appellate Briefs: Appellate Briefs for Washington State. (Excellent tool for looking at examples of professional legal arguments, keep in mind this is appellate brief form, not trial brief form. Trial briefs are not so readily available, whereas appellant briefs are naturally public records. Tip: to find family law matters look for cases where petitioner and respondent have the same name or where cases are named “In custody of…”)

Guides for Sale from Litigation Survival School

Also see above #4, Trial Instructions and Forms.

7. Recommended Professionals and Tips Regarding Professionals and Evaluations

For recommendations for private investigators, DV experts, psychological evaluators, parenting evaluators, etc., please contact Payes directly]

8. Courtroom Etiquette Dos and Don’ts

The following is just my list after observing many hearings and gathering the best tips online for etiquette dos and don’ts when pro se at a hearing or at trial. Courtroom etiquette can say a lot about a person. Sometimes judges will base who they believe to be the more ethical or credible party based on their etiquette.

  1. Do not interrupt the judge, other court professionals, or the other party. The judge will give you a turn to speak. It’s recommended you have something you can jot down notes, so when its your turn to speak you can remember. The exception to this rule is objecting in a trial, and those rules are in section 4 Trial Instructions and Forms above.

  2. Dress nicely. If its a Zoom, put a professional top on and make your background look nice. If its in person, put a professional top and bottom on, and come looking organized.

  3. Address the judge with respect. “Your Honor,” “please,” “if I may…” “thank you,” and refer to the other party’s attorney as “council.”

  4. Omit unnecessary details. Sometimes irrelevant facts are necessary to set the scene for an event, but other times irrelevant facts distract the judge from the relevant facts.

  5. Use discretion when making arguments that aren’t related to the law and the issue being decided. Bringing up irrelevant arguments why the other party is a bad person isn’t always going to get you what you want. These arguments may support your portrayal of their character, or discredit their credibility so that the judge will believe your other assertions, but proving they are a bad person is not sufficient and cannot be the basis for a DVPO.

  6. Only answer the question, don’t give additional information. Do not use the judge or opposing party asking you a question as an opportunity to insert more arguments in your support, only answer their question, and use your reply or rebuttal for your argument.

  7. Stick to objective statements, not subjective or “value judgements.” Give the judge the facts, don’t tell the judge what their opinion should be. “She threw a cup at me” is enough, you don’t need to go on with “that should be enough to grant a DVPO,” or “that tells you what type of person she is.”

  8. Don’t ask the judge for legal advice. Even though judges are taught to accomodate pro se, when pro se litigants start asking what to do next, or how to file x, it comes off as a victim cry for help and makes you look entitled (both narcissistic personality disorder traits). There is always someone else at the courthouse who can answer a question about finding a file, order or court date who is not the judge. And most other questions, are best reserved for anyone except your judge.

The information contained in this website does not constitute legal advice and is meant for general informational purposes only, does not create an attorney client relationship, please contact a licensed Washington State family law attorney for legal advice.