What to Expect at Washington Family Law Hearings and Trial

Temporary orders while the case is pending

A parent who wants a temporary order about parenting files and serves a proposed temporary parenting plan by motion, and the other parent, if contesting it, files and serves a responsive proposed plan. The motion is supported by an affidavit or declaration covering at least who the child has lived with for the past twelve months, each parent’s performance of daily parenting functions, both parents’ past and current work and child care schedules, and any RCW 26.09.191 or 26.09.192 circumstances likely to pose a serious risk to the child (RCW 26.09.194(1)). The statewide Information for Temporary Parenting Plan (FL All Family 139) (revised 07/2025) collects that information.

In making the temporary plan, the court gives particular consideration to the relative strength, nature, and stability of the child’s relationship with each parent, and to which arrangement will cause the least disruption to the child’s emotional stability while the case is pending, and also considers the factors used for the permanent plan (RCW 26.09.197). A temporary order includes a schedule, a temporary residence for the child, any allocation of decision-making, temporary support, and restraining orders if applicable (RCW 26.09.194(2)).

The statewide forms are the Motion for Temporary Family Law Order for each case type: FL Divorce 223 (revised 07/2025), FL Parentage 323 (revised 07/2025), and FL Modify 623 (revised 07/2025). These are noticed motions heard after the other party is served. For orders needed before that, see the emergency relief guide.

How motion hearings work

The statewide motion forms give the basic instructions:

• The person filing the motion schedules the hearing, using the Notice of Hearing (FL All Family 185) (revised 05/2016) unless local rules require a different form.
• Papers must be filed and served by the deadline in your county’s local court rules, or the state court rules if there is no local rule. Some counties also require a copy for the judge or commissioner.
• The court may not allow you to testify at the motion hearing, so your declarations and exhibits need to tell the story. Bring proposed orders.
• The person receiving the motion can respond with a Declaration (FL All Family 135) and other written proof, and may propose a competing parenting plan or worksheets.

Parties may ask to participate by telephone or interactive videoconference, and the court may allow it in its discretion (RCW 26.09.013(4)). Parties and witnesses who need interpreters are to be given access to qualified interpreters (RCW 26.09.013(1)).

Commissioners and revision

All acts and proceedings of court commissioners in family court are subject to revision by the superior court (RCW 26.12.215). A party who wants a judge to revise a commissioner’s ruling files a written motion with the clerk within ten days after the commissioner’s order or judgment is entered. Revision is decided on the record of the case and the commissioner’s findings and conclusions. If no revision is sought in time, the commissioner’s orders become the orders of the superior court (RCW 2.24.050).

Getting to trial

1. Proposed plans. Each party’s proposed permanent parenting plan is due by the earlier of 30 days after a notice for trial or 180 days after the case began, in chapter 26.09 cases other than modifications (RCW 26.09.181(1)(a)).
2. Settlement conference. Where court rules provide for a mandatory settlement conference, the parents must attend (RCW 26.09.181(5)).
3. Reports. A guardian ad litem’s report is filed at least sixty days before trial (RCW 26.12.175(1)(b)), and an investigator’s report is provided at least ten days before the hearing unless the court shortens the time for good cause (RCW 26.09.220(3)).
4. Priority. Trial dates for chapter 26.09 actions involving minor children receive priority (RCW 26.09.181(6)).

Two kinds of trial

Divorce and legal separation cases are tried without a jury (RCW 26.09.010(1)), and the court adjudicates parentage without a jury (RCW 26.26A.490). In a traditional trial, both parties can call witnesses and cross-examine, and the Rules of Evidence apply.

In an informal family law trial under GR 40, which requires both parties’ consent and the court’s approval, each party speaks to the court under oath, there is no cross-examination unless the court allows it, each party may submit up to five lay declarations (20 pages total), expert reports are received as exhibits, and the Rules of Evidence do not apply. Parties must affirm that they waive the right to appeal the court’s use of the informal process and its admission of evidence under it, though a party can still appeal the final judgment (GR 40(3)(a)). The statewide Family Law Informal Trial Selection (FL All Family 184) (revised 02/2023) says it must be filed 30 days before the trial date, or the trial setting if no trial date is scheduled, and that if the other party does not agree, the trial is a traditional trial.

After the decision

• Timing of final orders. In a chapter 26.09 case, the final order or decree may not be entered sooner than 90 days after filing and service, except for decrees of legal separation (RCW 26.09.181(7)).
• Reconsideration. A motion for reconsideration or a new trial must be filed no later than 10 days after entry of the judgment, order, or other decision (CR 59(b)).
• Appeal. A notice of appeal generally must be filed in the trial court within 30 days after entry of the decision, with exceptions listed in the rule, including a later deadline after certain timely post-trial motions (RAP 5.2(a)).

Primary sources

Laws, rules and forms change. Check the current version at the source before you file.

• RCW 26.09.194, proposed temporary parenting plan
• RCW 26.09.197, temporary parenting plan criteria
• RCW 26.09.013, remote participation and interpreters
• RCW 26.09.010, civil practice and no jury
• RCW 26.09.181, procedure for permanent parenting plan
• RCW 26.09.220, investigation and report
• RCW 26.12.175, guardian ad litem
• RCW 26.12.215, revision by the superior court
• RCW 2.24.050, revision by court
• RCW 26.26A.490, parentage adjudicated without jury
• GR 40, informal family law trials
• CR 59, new trial and reconsideration
• RAP 5.2, time allowed to file notice of appeal
• Information for Temporary Parenting Plan, FL All Family 139
• Family Law Informal Trial Selection, FL All Family 184