KITSAP COUNTY LOCAL COURT RULES

Rule 93.04

Rule 94.04

RULE 93.04 DISPOSITION OF REPORTS - ADOPTIONS

(a) Eligibility. Adoptions will not be granted without a showing of good cause if the adoptive parents have been married less than one (1) year, or without a showing of compelling circumstances if the child has been placed in the adoptive home for less than ninety (90) days.

RULE 94.04 FAMILY LAW ACTIONS

(a) Domestic Relations.

(1) Ex Parte Restraining Orders. Personal appearance of a party is required if a party requests an ex parte order seeking to restrain one party from the family home or contact with the other party or children.

(2) Temporary Orders. The following shall apply to all contested hearings in which temporary relief is sought:

(A) Responsive Affidavits. Responsive affidavits shall be served and filed no later than 12:00 noon the day before the hearing.

(B) Reply Affidavits. Reply affidavit shall be provided to opposing counsel/party no later than 5:00 p.m. the day before the hearing. Reply affidavits may be filed no later than the day of the hearing. Reply affidavits shall be limited to a maximum of three (3) double spaced pages and shall be in strict reply to the responsive affidavit.

(C) Exhibits and Worksheets. Mandatory financial declarations and support worksheets as required by RCW 26.09 shall be filed whenever financial matters are at issue. [See KCLCR 77(k)(5).]

(3) Child Support. The Washington State Child Support Schedule as adopted by the legislature shall be applied by the court and counsel in all matters involving child support, temporary or permanent.

(4) Final Hearing on Contested Matters. In all final hearings or trials in domestic relations matters, each party shall file and serve on the opposing party and the court by 9:00 a.m. the day of trial, a written Domestic Relations Information Form. The Domestic Relations Information Form shall be in the form set forth on Exhibit E attached to these rules. Mandatory financial declarations and support worksheets as required by RCW 26.09 shall be filed whenever financial matters are at issue.

(5) Noncontested Marriage Dissolutions Delivery of Decree to Other Party. In default dissolution cases, at the time of entry of the decree, the moving party or counsel shall immediately deliver to or mail to the other party, at their address if known, or to their counsel, a conformed copy of the decree, with the date of filing indicated on each copy so delivered or mailed.

(6) Mandatory Settlement Conferences. [See KCLCR 16(c)(1).]

(7) Appointment of Optional Guardian Ad Litem, Attorney for Child, and Custody Investigator in Child Custody Matters.

(A) Guardian Ad Litem. (Title 26)

(i) Optional Guardian Ad Litem. In any domestic relations matter the court may, upon its own motion, or motion of either party, appoint a guardian ad litem to represent the interests of any child, or children, of the parties. If any decree illegitimizes a child or may result in a child becoming illegitimate, the court may require that a guardian ad litem be appointed for the child.

Appointment. The guardian ad litem shall be appointed from the court-approved registry for Title 26. Said person shall have such powers, as granted by the court, to ascertain what is in the best interests of the child or children, and to take whatever steps the court deems appropriate to effectuate a result consistent with the best interests of the child or children.

(ii) Duties of Guardian Ad Litem. The court may direct the guardian ad litem to report to the court, either orally or in writing. The guardian ad litem has the right to attend and participate at trial or any other proceeding, and shall be given all other rights accorded a party, including notice. The guardian ad litem may be called as a witness at trial by either party, or the court.

(B) Attorney for Child. In any domestic relations matter the court may, upon its own motion, or motion of either party, appoint an attorney for any children of the parties. The attorney shall be an advocate for the children and shall represent the position of the children in the action. The attorney shall have the rights of any other attorney in the action. The attorney shall not be expected to submit a report to the court, nor normally be called as a witness at trial. [See RCW 26.09.110.]

(C) Custody Investigator. The court may, upon its own motion, or motion of either party, appoint a custody investigator in matters involving a dispute over custody of a child. [See RCW 26.09.220.]  A custody investigator shall make appropriate investigation and report to the court. Upon motion of any party, or the court, the custody investigator shall appear at trial and be subject to examination by the parties and the court.