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Amending (Changing) Your Petition or Parenting Plan
Should I use this?
Yes, if

You are the petitioner in a family law case AND

You decide you want to change something in your Petition or Proposed Parenting
Plan after you have filed and served them AND

The respondent does not agree with everything in your petition OR you have not
received any response from the respondent
 The “respondent” is the person you served with the petition and other court
papers.
In most cases, you can amend your petition or parenting plan. You should do so as soon
as possible so it does not delay your case.
 If you and the respondent agree on all the issues in your case, you probably do
not need to amend your petition. Instead, you should ask your local court clerk
or the Family Law Facilitator for the forms to finish your case by agreement.
What if the respondent has not filed a response to my petition?
You may amend your petition by

Filling out a new petition AND

Filing it AND

Serving it on the respondent
What if I want to amend my proposed parenting plan?
If the respondent has not filed a proposed parenting plan: you may amend your proposed
parenting plan by filling out a new one, filing it, and serving it on the respondent. You
should then file and serve the petition and/or proposed parenting plan. Note:

You should write the word “Amended” above the title of each form you
change. (Example: if you amend your parenting plan, the amended one
should now say Amended Parenting Plan.)
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
You do not need to pay a new filing fee or get a new order waiving the filing
fee if you have already done this.

If you got an order allowing you to serve the respondent by certified mail or
publication, you may serve your amended petition the same way you served
your first petition. You do not need a new court order.
If the respondent has already filed a response to your proposed parenting plan: You may
amend yours only with the court’s permission or written agreement from the opposing
party.
What if the respondent has already filed a response to my petition?
You will either need to get the respondent’s signed written agreement to amend your
petition or the court’s permission to file an amended petition. The court should give you
permission. The court rules say leave to amend “shall be freely given as justice so requires.”
CR 15(a).
Instructions for the Motion for Order Allowing Leave to Amend Pleading
Caption. Fill in the caption.
If you want to change your petition, check the first box. If you want to change your
proposed parenting plan, check the second box. If you want to change another pleading
(court form), check the third box and write the name of the form in the blank space.
Signature. Date and sign the motion.
Declaration. If you want to amend your proposed parenting plan, check the second box. If
you want to amend another form, check the third box and write in the name of the form. In
the next blank, write the date you filed your petition. In the next blank, write the date the
respondent was served. In the space provided, write briefly why you want to change your
petition.
Signature. Print the date and place (city and state) where you are signing the form. Sign it.
Print your name.
Instructions for Order Granting Leave to Amend Pleading
Caption. Fill in the caption.
If you want to change your petition, check the first box. If you want to change your
proposed parenting plan, check the second box. If you want to change another pleading
(court form), check the third box and write the name of the form in the blank space.
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Signature. Do not date the form or sign in the judge’s space. You should sign the form
on the petitioner line and print or type your name below your signature. If the respondent
agrees it is okay for you to amend your petition, ask him/her to sign on the respondent line
and print or type his/her name.
How do I schedule my motion?
You will need to get a copy of your county’s note for motion (also sometimes called a
calendar note). This form lets the court and other parties know the date, time, place, and
reason for your hearing. Many counties require you to use a special form. Ask your
Family Law Facilitator or court clerk whether your county uses a special Note for Motion
form.
How do I get a hearing date?
Check your local court rules (at the law library), or ask the Family Law Facilitator (if your
county has one) or court clerk when to schedule your hearing. Courts usually schedule
motions about family law matters in the family law department or on the family law
calendar. Some counties schedule family law hearings only on certain days. In many
counties, if the State is a party to your case (such as when the children have received public
assistance), you must schedule your hearing on a date the prosecutor is present for family
law motions.
How much notice do I give the other parent?
Check with your local court rules, or ask the Family Law Facilitator or court clerk how
many days’ notice to give. Under the Washington civil rules, you must give your motion
and other legal papers to the other parties and the court at least five court days (business
days that are not court holidays) before the hearing date. Civil Rule (CR) 6(d). Some
counties require more than five court days’ notice for family law hearings.
When you mail notice of the hearing, you must add three more days for mailing. If the
third day after you mail the papers is a weekend or holiday, you must add even more days
so the papers arrive on a business day that is not a legal holiday or weekend. CR 6(a) & (e);
CR 5(b)(2).
You should give more than the minimum number of days for notice of your hearing. If for
some reason the respondent does not get enough notice of your hearing, you will need to
reschedule your hearing – even if the respondent does not show up and object.
How do I serve my motion?
Make sure you serve your motion in time to give the other party enough notice
before the hearing date. For civil motions, that is usually five business days, plus three
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more days for mailing, before the hearing date. In your county, you may need to give more
notice. You must serve all the parties on time. This includes the respondent and any other
parties.
 Our packet called How to Serve Papers the State has forms and instructions for
serving the prosecuting attorney.
Copy and Organize Your Papers. Make one copy of every paper (including the orders)
for each of the other parties, and the judge if you need working papers. Make a set of the
papers for each of the other parties and the judge. Compare it to your checklist to make
sure that you included everything. (You do not need to give the other parties the Return of
Service). Keep a full set of copies for yourself. Put each of the other parties’ sets of papers
in an envelope, addressed to that party, with your return address.
 Our publication called What are Working Copies has more information on what
these are and how to make them.
Do not serve the papers yourself. When you have another party served, you cannot be
the one who mails the other party the legal papers. You need to get a friend or relative who
is 18 or older to mail the papers for you and sign the Return of Service.
Mail the papers Certified Mail, Return Receipt Requested. Take the person who is
serving the papers for you to the post office. Have that person send the other parties’
packets of forms for you. You may pay for the postage. You should not mail the forms
yourself. Have the server complete the Return of Service.
This is a divorce case. If I amend my petition, does the 90-Day waiting period
start over?
No. Your 90-day waiting period still starts on the date you filed and served the first
petition.
You must also wait for the respondent’s response deadline to pass. You must wait the
longer of ten days after you serve your Amended Petition, or the date the respondent was
supposed to respond to the first Petition that you filed. CR 15(a). Example: if the
respondent’s time for responding to your first Petition has expired, you must wait ten days
for the respondent to respond to the Amended Petition.
If the respondent still had 30 days to respond to your first Petition (for instance, if the
respondent was served out of state), you must wait the full 30 days for the respondent to
respond to your Amended Petition. This is true no matter how you had the respondent
served.
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What if I need legal help?

Apply online with CLEAR*Online - http://nwjustice.org/get-legal-help
or

Call CLEAR at 1-888-201-1014
CLEAR is Washington’s toll-free, centralized intake, advice and referral service for lowincome people seeking free legal assistance with civil legal problems.

Outside King County: Call 1-888-201-1014 weekdays from 9:15 a.m. until 12:15
p.m.

King County: Call 211 for information and referral to an appropriate legal services
provider Monday through Friday from 8:00 am – 6:00 pm. You may also call (206)
461-3200, or the toll-free number, 1-877-211-WASH (9274). You can also get
information on legal service providers in King County through 211’s website at
www.resourcehouse.com/win211/.

Persons 60 and Over: Persons 60 or over may call CLEAR*Sr at 1-888-387-7111,
regardless of income.
If you are deaf or hard of hearing, call 1-800-833-6384 to get a free relay operator. They
will then connect you with 211.
This publication provides general information concerning your rights and responsibilities. It is not intended as a
substitute for specific legal advice.
This information is current as of June 2015.
© 2015 Northwest Justice Project — 1-888-201-1014
(Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for non-commercial
purposes only.)
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SUPERIOR COURT OF WASHINGTON
COUNTY OF
In re:
NO.
Petitioner,
MOTION FOR ORDER ALLOWING
LEAVE TO AMEND PLEADING
and
No Mandatory Form Available
Respondent.
I. MOTION
Relief Requested.
Petitioner moves for an order allowing petitioner to file:
[ ]
an amended petition
[ ]
an amended proposed parenting plan
[ ]
other:
II. BASIS
Statement of Facts.
See petitioner’s Declaration, set forth below.
Evidence Relied Upon.
Declaration of petitioner and the record of this case.
MOTION FOR ORDER ALLOWING LEAVE TO AMEND PLEADING
Page 1 OF 2
III. AUTHORITY
Civil Rule 15(a); Caruso v. Local 690, 100 Wn.2d 343, 349 (1983).
DATED this ______ day of _____________________, 20__.
________________________________
Petitioner Pro Se
IV. DECLARATION
Petitioner declares:
I am the petitioner in this legal action. I filed the summons and petition [ ] and proposed
parenting plan [ ] and ______________________ on ________________________. The respondent was
served on __________________. The respondent has/has not filed a response to the petition. The
respondent has/has not filed a proposed parenting plan.
I am asking the court for leave to amend my pleadings for the following
reasons:______________________________________________________________________________
______________________________________________________________________.
I declare under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct.
DATED this ____ day of
, 20___ at _________________________________.
________________________________
Signature of Petitioner
________________________________
Printed name of Petitioner
MOTION FOR ORDER ALLOWING LEAVE TO AMEND PLEADING
Page 2 OF 2
SUPERIOR COURT OF WASHINGTON
COUNTY OF
In re:
NO.
Petitioner,
and
ORDER ALLOWING LEAVE TO
AMEND PLEADING
No Mandatory Form Available
Respondent.
THE COURT, having considered petitioner’s motion to allow leave to amend the [ ] petition [ ] proposed
parenting plan [ ] ______________, the court having reviewed the declarations submitted by the parties
and being fully advised;
HEREBY ORDERS THAT petitioner may file an amended [ ] petition [ ] proposed parenting plan [ ]
______________.
DATED this ___________________ day of _________, 20__.
__________________________________
JUDGE/ COMMISSIONER
Presented by:
Approved;
Notice of Presentation Waived
_____________________________
Petitioner Pro Se
_____________________________
Print or Type Name
_______________________________
Respondent
_______________________________
Print or Type Name
ORDER ALLOWING LEAVE TO AMEND PLEADING
Page 1 OF 1