Understanding Emergency Motions in Washington Family Law Cases

In most divorce and parenting cases, the legal process takes time. Filing a Motion for a parenting schedule or financial support can take anywhere from a couple weeks to a couple months. But sometimes urgent issues arise that cannot wait weeks or months for a hearing. An emergency motion is a request asking the court to act quickly to protect a child or preserve a party’s rights.

Emergency motions are not routine, they’re reserved for situations where immediate action is necessary, and the Court won’t agree to accept an emergency order where no immediate need exists.

When Can You File an Emergency Motion?

A few examples where Courts may grant emergency relief in family law cases may include:

• Domestic violence or abuse
  
  
• Serious safety risks to a child
  
  
• A parent threatening to flee with the child
  
  
• Urgent financial matters, such as preventing the sale or hiding of marital assets
  
  
• Violations of existing court orders that create immediate harm

Each county has its own rules, but judges generally require specific facts and supporting evidence before granting emergency relief.

What Can the Court Do in Response?

Depending on the circumstances, the Court may issue:

• Temporary Restraining Orders (TROs) to prevent one party from taking
  
  
• Protection Orders, such as a Domestic Violence Protection Order (DVPO), providing immediate safety measures.

These orders are usually temporary until a full hearing can be held, often within a couple of weeks.

What You Need to File an Emergency Motion

If you are considering filing an emergency motion, you’ll often need to prepare:

• A sworn declaration explaining the urgent circumstances
  
  
• Supporting documentation, such as police reports, medical records, or text messages
  
  
• A proposed order for the judge to review

Because courts are cautious about granting emergency relief, it’s important to present clear, credible evidence.

When an Emergency Motion Isn’t Appropriate

Not every dispute qualifies as an emergency. For example, disagreements about weekend parenting time or routine expenses are not emergencies, even if they feel urgent to you. Filing unnecessarily may harm your credibility with the court.

Work with an Experienced Attorney

If you believe your situation requires immediate legal action, consulting with a family law attorney is the best first step. At Magnuson Lowell, P.S., we help clients evaluate whether an emergency motion is appropriate and prepare strong evidence to support their case.

We offer free telephone case evaluations - 425-800-0572. Contact us right away if you believe your family law matter requires urgent court intervention.

Divorce mediation can be one of the most effective ways to resolve disputes without the time, cost, and stress of trial. But to get the most out of the process, preparation matters. Below is a checklist of do’s and don’ts to help you approach mediation with the right mindset and strategy.

Do’s

Do gather your financial documents.
Your attorney will likely request organized records of income, expenses, assets, and debts. The mediator and your spouse will need accurate numbers to work from.

Do think about your priorities.
Decide what matters most to you (custody schedule, keeping the house, retirement accounts, etc.) and what you are willing to compromise on.

Do stay calm and respectful.
Mediation is about finding solutions. Remaining courteous helps keep discussions productive and shows the mediator you are focused on resolution, not conflict.

Do listen carefully.
Even if you disagree, pay attention to your spouse’s perspective. Understanding their concerns can open the door to creative compromises.

Do consult with your attorney.
Your mediator cannot give you legal advice. Talk with your lawyer before and during mediation to make sure your rights are protected, and you understand the agreements being discussed.

Do be honest.
Hiding information or exaggerating positions will only stall progress and may damage your credibility if the case later goes to court.

Don’ts

Don’t come unprepared.
Showing up without the right financial information or an idea of your goals will waste time and money.

Don’t make mediation a battleground.
This isn’t about “winning” every issue. Approaching mediation like a trial can cause the process to break down.

Don’t dig in your heels on every point.
Flexibility is the key to settlement. If you refuse to budge, mediation is unlikely to succeed.

Don’t ignore the mediator.
The mediator is a neutral professional trained to help you find middle ground. Respect their process and opinions, even if it feels slow at times.

Don’t sign anything you don’t understand.
Always review agreements carefully and, if possible, with your attorney before finalizing.

Mediation can help separating couples save time, money, and emotional energy compared to contested litigation and trial. By following your attorney’s advice, being prepared, and remaining courteous, you’ll set yourself up for a smoother, more productive mediation session and a stronger chance of resolving your divorce fairly. Call the law offices of Magnuson Lowell PS 425-800-0572 today for a free case evaluation.

A Guardian ad Litem (GAL) is appointed by the court to act as a neutral investigator in family law cases involving children. Their job is to gather information and make recommendations to the judge about what is in the child’s best interests. In Washington, GALs often play a major role in custody and parenting plan disputes, so how you interact with them can have a direct impact on your case.

First Impressions Matter

From the very first meeting, the GAL will be observing your demeanor, communication style, and how you talk about your child and the other parent. Remember:

• Be on time to scheduled meetings and observations.
  
  
• Dress neatly and present yourself respectfully.
  
  
• Show that you are prepared and organized.

Be Honest and Transparent

The GAL’s investigation will likely include interviews, home visits, and review of records. If you withhold information or try to hide facts, it will almost always come out later.

• Answer questions directly and truthfully.
  
  
• If there are negative aspects to your history, address them openly and explain what you’ve done to address them.
  
  
• Don’t exaggerate or speculate. Stick to facts you know are accurate.

Focus on the Child, Not the Conflict

The GAL’s job is not to take sides; it’s to evaluate what will best serve the child’s interests.

• Speak about your child’s needs, strengths, and routines.
  
  
• Avoid making personal attacks on the other parent. Instead, express concerns factually and with examples.
  
  
• Demonstrate that you can put your child’s well-being ahead of personal grievances.

Provide Useful Documentation

A GAL’s recommendations are based on evidence. You can help by providing:

• School records, report cards, and attendance reports
  
  
• Medical or therapy records
  
  
• Parenting calendars or communication logs
  
  
• Evidence of your involvement in the child’s life (photos, activity schedules, etc.)

Organize your materials before submitting them to the GAL. Overwhelming them with irrelevant documents can be counterproductive. Ask the GAL if there is specific information and documentation they might find useful.

Cooperate Fully with the Process

• Return calls and emails promptly.
  
  
• Be available for scheduled interviews and home visits.
  
  
• Follow any specific requests from the GAL without delay.
  
  
• Never attempt to coach your child on what to say.

Expect Balanced Investigation

A GAL will speak to both parents, review each home environment, and may interview third parties like teachers, doctors, or counselors. Their recommendations are not final decisions but carry significant weight in the court’s ruling.

Why Legal Guidance Matters

Your attorney can help you prepare for GAL meetings, organize your documentation, and ensure your interactions are constructive. Since a GAL’s report can heavily influence the judge, taking this process seriously is essential.

At Magnuson Lowell, P.S., we guide our clients through every stage of working with a Guardian ad Litem. If you’re in a custody dispute in Washington, call us for a free telephone case evaluation 425-800-0573 so we can help you protect your rights and present your best case to the GAL.