Superior Court of Washington County of In re the Domestic Partnership of: No. Petitioner, and Findings of Fact and Conclusions of Law (Registered Domestic Partnership) (FNFCL) Respondent. I. Basis for Findings The findings are based on: [] [] [] agreement. an order of default entered on this date or dated _____________________________ . trial. The following people attended: [] [] [] [] [] Petitioner. Petitioner’s Lawyer. Respondent. Respondent’s Lawyer. Other: II. Findings of Fact Upon the basis of the court records, the court finds: 2.1 Residency of Petitioner The Petitioner [] [] [] is a resident of the state of Washington. is not a resident of the state of Washington. is a member of the armed forces and has been stationed in this state for at least 90 days. Fndngs of Fact and Concl of Law (FNFCL) – Page 1 of 11 WPF DR 04.0305 Mandatory (6/2008) – CR 52; RCW 26.09.030; .070(3) American LegalNet, Inc. www.FormsWorkflow.com 2.2 Notice to the Respondent The respondent [] [] 2.3 appeared, responded or joined in the petition. was served in the following manner: Basis of Personal Jurisdiction Over the Respondent [] [] There are no facts to establish personal jurisdiction over the respondent. The facts below establish personal jurisdiction over the respondent. [] [] [] [] 2.4 The respondent is currently residing in Washington. The parties lived in Washington during their domestic partnership and the petitioner continues to reside, or be a member of the armed forces stationed, in this state. The parties may have conceived a child while within Washington. Other: Date of Registration of Domestic Partnership and Parties’ Residence The parties registered their domestic partnership on (date) ___________________ . On that date, the parties resided at (city and state only) ___________________________________________. 2.5 Status of the Parties Petitioner and respondent separated on (date) ___________________________________. 2.6 Status of Domestic Partnership [] [] [] The domestic partnership is irretrievably broken and at least 90 days have elapsed since the date the petition was filed and since the date the summons was served or the respondent joined. The petitioner wishes to be legally separated. The petitioner is petitioning for a declaration concerning the invalidity of the domestic partnership. The court finds the following facts concerning the validity of the domestic partnership: Fndngs of Fact and Concl of Law (FNFCL) – Page 2 of 11 WPF DR 04.0305 Mandatory (6/2008) – CR 52; RCW 26.09.030; .070(3) American LegalNet, Inc. www.FormsWorkflow.com 2.7 Separation Contract or Domestic Partnership Agreement [] [] There is no written separation contract or domestic partnership agreement. A written separation contract or domestic partnership agreement was executed on (date) __________________________________ and is incorporated herein. [] [] [] 2.8 The separation contract or domestic partnership agreement should be approved. The separation contract or domestic partnership agreement should not be approved because: Other: Community Property [] [] [] The parties do not have real or personal community property. The parties have real or personal community property as set forth in Exhibit ____. This exhibit is attached or filed and incorporated by reference as part of these findings. The parties have real or personal community property as set forth in the separation contract or domestic partnership agreement referenced above. The parties have the following real or personal community property: [] Other: [] 2.9 Separate Property [] [] [] [] [] The petitioner has no real or personal separate property. The respondent has no real or personal separate property. The parties have separate property as set forth in the separation contract or domestic partnership agreement referenced above. The petitioner has real or personal separate property as set forth in Exhibit ____. This exhibit is attached or filed and incorporated by reference as part of these findings. The respondent has real or personal separate property as set forth in Exhibit _____. This exhibit is attached or filed and incorporated by reference as part of these findings. Fndngs of Fact and Concl of Law (FNFCL) – Page 3 of 11 WPF DR 04.0305 Mandatory (6/2008) – CR 52; RCW 26.09.030; .070(3) American LegalNet, Inc. www.FormsWorkflow.com [] [] The respondent has the following real or personal separate property: [] 2.10 The petitioner has the following real or personal separate property: Other: Community Liabilities [] [] [] [] There are no known community liabilities. The parties have incurred community liabilities as set forth in Exhibit _____. This exhibit is attached or filed and incorporated by reference as part of these findings. The parties have community liabilities as set forth in the separation contract or domestic partnership agreement referenced above. The parties have incurred the following community liabilities: Creditor [] 2.11 Amount Other: Separate Liabilities [] [] [] [] The petitioner has no known separate liabilities. The respondent has no known separate liabilities. The petitioner has incurred separate liabilities as set forth in Exhibit ____. This exhibit is attached or filed and incorporated by reference as part of these findings. The parties have separate liabilities as set forth in the separation contract or domestic partnership agreement referenced above. Fndngs of Fact and Concl of Law (FNFCL) – Page 4 of 11 WPF DR 04.0305 Mandatory (6/2008) – CR 52; RCW 26.09.030; .070(3) American LegalNet, Inc. www.FormsWorkflow.com [] [] The respondent has incurred separate liabilities as set forth in Exhibit ____. This exhibit is attached or filed and incorporated by reference as part of these findings. The petitioner has incurred the following separate liabilities: Creditor [] The respondent has incurred the following separate liabilities: Creditor [] 2.12 Amount Amount Other: Maintenance [] [] [] [] Maintenance should be ordered because: [] 2.13 Maintenance was not requested. Maintenance shall be paid as set forth in the separation contract or domestic partnership agreement referenced above. Maintenance should not be ordered because: Other: Continuing Restraining Order [] [] Does not apply. A continuing restraining order against the [ ] petitioner [ ] respondent [ ] both parties is necessary because: Fndngs of Fact and Concl of Law (FNFCL) – Page 5 of 11 WPF DR 04.0305 Mandatory (6/2008) – CR 52; RCW 26.09.030; .070(3) American LegalNet, Inc. www.FormsWorkflow.com [] 2.14 Protection Order [] [] 2.15 Does not apply. The [ ] domestic violence [ ] antiharassment Order for Protection signed by the court on this date or dated _________________________, is approved and incorporated as part of these findings. Fees and Costs [] [] [] [] 2.16 Other: There is no award of fees or costs. Attorney fees, other professional fees and costs shall be paid as set forth in the separation contract or domestic partnership agreement referenced above. The [ ] petitioner [ ] respondent has the need for the payment of fees and costs and the other domestic partner has the ability to pay these fees and costs. The [ ] petitioner [ ] respondent has incurred reasonable attorney fees and costs in the amount of $____________________. Other: Pregnancy [] [] [] 2.17 No party is pregnant. The domestic partner (name), __________________________, is pregnant. Other: Dependent Children [] [] The parties have no dependent children of this domestic partnership. The [ ] petitioner [ ] respondent has alleged that he or she is the de facto parent of these children: Name of Child_____________________________________ Age ______________ Name of Child_____________________________________ Age ______________ The court finds the following: [] [] [] The [ ] petitioner [ ] respondent consented to and fostered the parent-like relationship; The [ ] petitioner [ ] respondent and the child lived together in the same household; The [ ] petitioner [ ] respondent assumed the obligations of parenthood without expectation of financial compensation; Fndngs of Fact and Concl of Law (FNFCL) – Page 6 of 11 WPF DR 04.0305 Mandatory (6/2008) – CR 52; RCW 26.09.030; .070(3) American LegalNet, Inc. www.FormsWorkflow.com [] [] [] [] The [ ] petitioner [ ] respondent has been in a parental role for a length of time sufficient to have established with the child a bonded, dependent relationship, parental in nature; and The [ ] petitioner [ ] respondent has fully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in the child’s life. Other: The children listed below are dependent upon both domestic partners (include children of de facto parent above): Name of Child_____________________________________ Age ______________ Name of Child_____________________________________ Age ______________ Name of Child_____________________________________ Age ______________ Name of Child_____________________________________ Age ______________ Name of Child_____________________________________ Age ______________ Name of Child_____________________________________ Age ______________ [] 2.18 Other: Jurisdiction Over the Children [] [] [] Does not apply because there are no dependent children. This court does not have jurisdiction over the children. This court has jurisdiction over the children for the reasons set forth below. [] This court has exclusive continuing jurisdiction. The court has previously made a child custody, parenting plan, residential schedule or visitation determination in this matter and retains jurisdiction under RCW 26.27.211. [] This state is the home state of the children because: [] [] [] [] the children lived in Washington with a parent or a person acting as a parent for at least six consecutive months immediately preceding the commencement of this proceeding. the children are less than six months old and have lived in Washington with a parent or a person acting as parent since birth. any absences from Washington have been only temporary. Washington was the home state of the children within six months before the commencement of this proceeding and the children are absent from Fndngs of Fact and Concl of Law (FNFCL) – Page 7 of 11 WPF DR 04.0305 Mandatory (6/2008) – CR 52; RCW 26.09.030; .070(3) American LegalNet, Inc. www.FormsWorkflow.com the state but a parent or person acting as a parent continued to live in this state. [] The children and the parents or the children and at least one parent or person acting as a parent have significant connection with the state other than mere physical presence, and substantial evidence is available in this state concerning the children’s care, protection, training, and personal relationships, and [] [] the children have no home state elsewhere. the children’s home state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under RCW 6.27.261 or .271. [] All courts in the children’s home state have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the children under RCW 26.27.261 or .271. [] No other state has jurisdiction. [] This court has temporary emergency jurisdiction over this proceeding because the children are present in this state and the children have been abandoned or it is necessary in an emergency to protect the children because the children, or a sibling or parent of the children are subjected to or threatened with abuse. RCW 26.27.231. [] [] [] 2.19 There is a previous custody determination that is entitled to be enforced under this chapter or a child custody proceeding has been commenced in a court of a state having jurisdiction under RCW 26.27.201 through 26.27.221. The requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction over the children shall last until (date) _______________________________. There is no previous custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an action is not filed in (potential home state) _____________________ by the time the child has been in Washington for six months, (date) ___________________, then Washington's jurisdiction will be final and continuing. Other: Parenting Plan [] [] Does not apply. The parenting plan signed by the court on this date or dated _______________________, is approved and incorporated as part of these findings. Fndngs of Fact and Concl of Law (FNFCL) – Page 8 of 11 WPF DR 04.0305 Mandatory (6/2008) – CR 52; RCW 26.09.030; .070(3) American LegalNet, Inc. www.FormsWorkflow.com [] [] 2.20 Child Support [] [] [] 2.21 This parenting plan is the result of an agreement of the parties. Other: Does not apply. There are children in need of support and child support should be set pursuant to the Washington State child support statutes. The Order of Child Support signed by the court on this date or dated _______________________________, and the child support worksheet, which has been approved by the court, are incorporated by reference in these findings. Other: Other III. Conclusions of Law The court makes the following conclusions of law from the foregoing findings of fact: 3.1 Jurisdiction [] [] 3.2 Granting a Decree [] [] 3.3 The court has jurisdiction to enter a decree in this matter. Other: The parties should be granted a decree. Other: De Facto Parent [] Does not apply. Fndngs of Fact and Concl of Law (FNFCL) – Page 9 of 11 WPF DR 04.0305 Mandatory (6/2008) – CR 52; RCW 26.09.030; .070(3) American LegalNet, Inc. www.FormsWorkflow.com [] The [ ] petitioner [ ] respondent [ ] is [ ] is not the de facto parent of these children: Name of Child_____________________________________ Age ______________ Name of Child_____________________________________ Age ______________ 3.4 Pregnancy [] [] 3.5 Does not apply. The domestic partner (name), __________________________, is pregnant. Disposition The court should determine the status of the parties’ domestic partnership, make provision for a parenting plan for any minor children of the domestic partnership, make provision for the support of any minor child of the domestic partnership entitled to support, consider or approve provision for maintenance of either domestic partner, make provision for the disposition of property and liabilities of the parties, make provision for the allocation of the children as federal tax exemptions, make provision for any necessary continuing restraining orders, and make provision for the change of name of any party. The distribution of property and liabilities as set forth in the decree is fair and equitable. 3.6 Continuing Restraining Order [] [] 3.7 Protection Order [] [] 3.8 Does not apply. A [ ] domestic violence [ ] antiharassment Order for Protection should be entered. Attorney Fees and Costs [] [] 3.9 Does not apply. A continuing restraining order should be entered. Does not apply. Attorney fees, other professional fees and costs should be paid. Other Dated: ____________________________________ _______________________________________ Judge/Commissioner Fndngs of Fact and Concl of Law (FNFCL) – Page 10 of 11 WPF DR 04.0305 Mandatory (6/2008) – CR 52; RCW 26.09.030; .070(3) American LegalNet, Inc. www.FormsWorkflow.com Presented by: Approved for entry: Notice of presentation waived: _________________________________________ Signature of Party or Lawyer/WSBA No. _______________________________________ Signature of Party or Lawyer/WSBA No. _________________________________________ Print or Type Name Date _______________________________________ Print or Type Name Date Fndngs of Fact and Concl of Law (FNFCL) – Page 11 of 11 WPF DR 04.0305 Mandatory (6/2008) – CR 52; RCW 26.09.030; .070(3) American LegalNet, Inc. www.FormsWorkflow.com