How to Write a Declaration for Family Court in Washington State (2025 Guide)

Your declaration is the most important document you will file in your family court case. It is your voice when you are not on the witness stand. Judges read them. Commissioners read them. The other attorney reads them looking for weaknesses. This guide tells you exactly what goes in one, what format Washington courts expect, and the mistakes that undermine credibility before a judge reads past the first paragraph.

What a declaration actually is

A declaration is a written statement of facts, signed under penalty of perjury, filed with the court. In Washington State family court, the official form is FL All Family 140, available free at courts.wa.gov/forms. You fill it out, sign it, and file it as your written evidence for a hearing or motion.

The judge reads your declaration before the hearing. In many hearings - especially motion hearings and temporary order hearings - the declaration IS your testimony. There may be no opportunity to speak beyond a few minutes. What you write is what the judge knows about your situation.

The format Washington courts expect

Washington family court declarations follow a specific structure. Deviate from it and judges notice - not in a good way.

Use FL All Family 140

Download the official form from courts.wa.gov/forms. The form has a header section for the case caption (your names, case number, court) and a large blank area for your statement. Fill out the header exactly - the case number must match your existing case, and the party names must appear exactly as they do on the original petition.

Number your paragraphs

Every paragraph gets a number. "1. I am the Petitioner in this matter. 2. The parties have two minor children..." This makes it easy for the judge and opposing counsel to reference specific statements. It also forces you to organize your thoughts clearly.

One fact per paragraph, stated plainly

Each paragraph should contain one clear factual statement. Not a paragraph of narrative - one fact, stated in plain language, past tense, first person.

The first version gives the judge a specific date, a specific violation, and tells them you have evidence. The second version gives the judge nothing to work with and damages your credibility.

What to include

Your declaration should cover the facts directly relevant to the relief you are requesting. If you are asking for a temporary order about residential time, cover the facts about residential time. If you are asking for a hearing about a parenting plan violation, cover the specific violations. Do not include everything that has ever happened in your case.

For parenting plan and custody matters

• Your relationship with the children - specific, concrete examples of caregiving
• The other parent's relationship with the children - be factual, not characterizing
• Any domestic violence, substance abuse, or safety concerns - with specific dates and incidents
• The children's current living situation, school, and routine
• Any significant change in circumstances if you are filing for modification
• What you are asking for and why it serves the children's best interests

For temporary orders

• Why the situation is urgent - what happens if the court does not act quickly
• The specific relief you need and how long you need it
• The factual basis for each thing you are asking for

What to avoid - the mistakes that hurt you with judges

These patterns appear in most pro se declarations and most of them damage credibility with judges more than they help.

Characterizing the other parent instead of describing their actions

"He is a narcissist." "She is manipulative." "He has always been controlling." These statements tell the judge your opinion. They do not give the judge facts to work with and they make you look like you are more focused on attacking the other parent than on your children's needs. Replace every characterization with a specific incident: what happened, when, where, who was present.

Repeating the same point multiple times

Once, stated clearly, with evidence, is enough. Repeating the same complaint in different paragraphs signals that you do not have much to say and are padding. Judges read hundreds of declarations. They notice.

Including information you cannot prove

If you cannot back it up with a document, a photograph, a text message, or your own direct observation, do not include it. Unverifiable allegations that the other party denies carry no weight and make you look less credible on the things you can prove.

Making legal arguments in your declaration

Your declaration is for facts. Legal arguments go in your motion or in oral argument. "Under RCW 26.09.187, the court must consider..." does not belong in a declaration. State the facts. Let your motion make the legal argument.

Writing it in one sitting the night before

Declarations written under deadline pressure are disorganized, longer than they need to be, and full of emotional language. Write a first draft, set it aside for 24 hours, read it as if you were the judge, and revise.

How long should it be

As long as it needs to be to cover the relevant facts - and no longer. Most effective declarations for motion hearings are 3-6 pages. Trial declarations can be longer. If you are writing more than 10 pages for a motion hearing, you are almost certainly including material that does not belong there.

Judges appreciate concision. A 4-page declaration that is organized, specific, and well-evidenced carries more weight than a 12-page declaration that includes everything that has happened since the marriage began.

Attaching exhibits

You can attach exhibits to your declaration - text messages, emails, photographs, school records, medical records, police reports. Label each exhibit with a letter (Exhibit A, Exhibit B) and reference them specifically in the body of your declaration: "On March 4, 2025, Respondent sent me a text message stating he would not return the children until 9 PM. See Exhibit A."

Do not attach everything you have. Attach the exhibits that directly support the specific facts you are asserting. A declaration with 47 exhibits overwhelms the reader and buries the important evidence.

The signature block

The declaration must end with the penalty-of-perjury certification exactly as it appears on FL All Family 140: "I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct." Sign it, date it, and include the city and state where you signed.

Getting help with your declaration

Writing an effective declaration requires understanding both what the court needs to hear and how to present it. Family Court Navigator prepares declarations as part of most of our document services - we draft based on your intake information and the specifics of your case, in the format Washington courts expect.