Solano — Rule 5 – Family Law

Source: https://solano.courts.ca.gov/system/files/general/rule_05_july_2026.pdf

Superior Court of California County of Solano

Rule 5 – Family Law PART ONE: Family Law Proceedings Generally

5.1 MATTERS ASSIGNED TO THE FAMILY LAW DIVISION; APPLICABILITY OF
RULE

a. ASSIGNMENT OF MATTERS TO THE FAMILY LAW DIVISION

All family law matters will be heard principally in the Family Law Division as
designated by the Presiding Judge and in such additional departments to which such
matters may, from time to time, otherwise be assigned for trial or hearing by the
Supervising Judge of the Family Law Division.

(Subd (a) adopted effective January 1, 2013.)

b. MATTERS TO WHICH RULE 5 APPLIES

Rule 5 applies to all family law matters, including:

(1) Proceedings under the Family Code for dissolution of marriage or registered
domestic partnership, nullity of marriage or registered domestic partnership,
legal separation, custody and support of minor children, termination of
parental rights, adoptions, the Uniform Parentage Act, the Uniform Child
Custody Jurisdiction and Enforcement Act, or the Uniform Interstate
Family Support Act;

(2) Local child support agency actions under the Family Code; and,

(3) Contempt proceedings relating to family law or local child support agency
actions.

Requests for protective orders under the Domestic Violence Prevention Act are
governed by Rule 16, not Rule 5. However, ancillary issues (such as support,
custody, and temporary possession of property) raised in such a request are
governed by Rule 5.

(Subd (b) amended effective July 1, 2014; adopted effective January 1, 2013.)

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PART ONE: Family Law Proceedings Generally

c. APPLICABILITY OF RULES TO PARTIES AND COUNSEL

Unless otherwise prohibited by law, Rule 5 applies to the parties, to the attorneys
of represented parties, and to minor’s counsel. References to a party’s counsel or
attorney includes a self-represented party.

(Subd (c) adopted effective January 1, 2013.)

(Rule 5.1 amended effective July 1, 2014; adopted effective January 1, 2013.)

5.2 DIRECT CALENDARING

a. ASSIGNMENT OF MATTER TO JUDICIAL OFFICER

When a family law case is filed, or received and filed as a transfer from another
jurisdiction, the Clerk of the Court shall assign the case to one judicial officer for
all purposes, as directed by and subject to the approval of the supervising judge of
the Family Law Division. The assignment shall be designed to fairly distribute the
workload among the judicial officers of the Family Law Division and best serve the
court.

(Subd (a) adopted effective January 1, 2013.)

b. NOTIFICATION OF ASSIGNED JUDICIAL OFFICER

The Clerk of the Court shall notify the parties of the initial assignment of the case
to a judicial officer at the time the petitioner’s initial pleading is filed.

(Subd (b) adopted effective January 1, 2013.)

c. NOTIFICATION OF REASSIGNMENT

Cases may be reassigned from time to time. Reassignments may be done on the
record at a hearing or by written notification from the court.

(Subd (c) adopted effective January 1, 2013.)

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(Rule 5.2 adopted effective January 1, 2013.)

5.3 PREPARATION AND FILING OF FORMS AND PLEADINGS

a. USE OF SOLANO COUNTY COURT CASE NUMBER

The case number shall have the following format on all pleadings and forms filed
with the court:

(1) SF012345: All family law cases filed prior to December 8, 1999
(excepting adoptions and Uniform Parentage Act cases).

(2) FFL012345: All family law cases filed on or after December 8, 1999
or whose case number is equal to or higher than
FFL050994 (excepting adoptions and Uniform
Parentage Act cases).

(3) SA001234: All adoption cases filed prior to December 8, 1999.

(4) FAD001234: All adoption cases filed on or after December 8, 1999, or
whose case number is equal to or higher than
FAD005778.

(5) SL012345: All Uniform Parentage Act cases filed prior to December
8, 1999, including cases with case numbers formatted as
“L012345”.

(6) FCS012345: All Uniform Parentage Act cases filed between
December 8, 1999, and September 30, 2002.

(7) FFL012345: All Uniform Parentage Act cases filed on or after
October 1, 2002, or whose case number is equal to or
higher than FFL069339.

(Subd (a) adopted effective January 1, 2013.)

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b. APPLICATIONS FOR ORDERS FOR PUBLICATION OF SUMMONS

A petitioner seeking an order for publication of summons pursuant to Code of Civil
Procedure section 415.50 may submit the request on either a local form made
available for that purpose or in a pleading that contains the same substantive
information required on the form.

(Subd (b) adopted effective January 1, 2013.)

c. FORMS AND DOCUMENTS TO BE INCLUDED WITH MOVING PAPERS

In addition to any forms required by the California Rules of Court, any Request for
Order or other moving papers served on the other party shall include a copy of the
court’s local form Meet and Confer Orders.

A party seeking to modify a prior order or judgment shall attach a copy of the prior
order or pertinent part of the prior judgment to his or her Request for Order. A
copy of the entire judgment need not be attached to the Request for Order. If
the Findings and Order After Hearing has not been filed, a copy of the minute order
shall be attached instead.

A party filing an Order to Show Cause and Affidavit for Contempt (Judicial Council
form FL-410) shall attach a copy of each order allegedly violated.

(Subd (c) adopted effective January 1, 2013.)

d. FILING OF NOTICES OF UNAVAILABILITY

The court shall not accept for filing a "Notice of Unavailability of Counsel" or other
document or pleading whose sole purpose is to advise the court and/or other
parties of an attorney's or party's unavailability. (Carl v. Superior Court of Orange
County (2007) 157 Cal.App.4th 73.)

(Subd (d) adopted effective January 1, 2013.)

(Rule 5.3 adopted effective January 1, 2013.)

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5.4 APPLICATIONS FOR EMERGENCY ORDERS (EX PARTE ORDERS)

a. APPLICABILITY

All parties shall comply with the provisions in Chapter 7 of Division 1 of Title 5 of
the California Rules of Court and with these local rules.

(Subd (a) amended effective July 1, 2014; adopted effective January 1, 2013.)

b. GENERAL STATEMENT REGARDING EMERGENCY ORDERS

Applications for emergency orders are appropriate only if needed to prevent an
immediate danger or irreparable harm to a party or to the children involved in the
matter, prevent immediate loss or damage to property subject to disposition in the
case, shorten time for hearing or service, or continue a hearing or trial.

(Subd (b) adopted effective July 1, 2014; previous subd (b) relettered as subd (c)
effective January 1, 2014.)

c. PROCEDURES FOR REQUESTING EMERGENCY ORDERS

All parties shall comply with the following procedures:

(1) The original Request for Order plus two copies and any other documents required by
statute or California Rules of Court plus two copies of each document shall be submitted
through the Family Law Division’s clerk’s office. Unless the moving party has a valid fee
waiver order on file or submits a fee waiver concurrently with the Request for Order, the
moving party is required to pay all the applicable fees set by law at the time the Request
for Order is submitted to the Family Law Division’s clerk’s office.

(2) The emergency order hearing will be set on a date two court days after the documents are
submitted to the Family Law Division’s clerk’s office. For submissions after received by
3:00 p.m., the emergency order hearing will be set on a date two court days after the
documents are submitted to the Family Law Division’s clerk’s office. For submissions
after 3:00 p.m., the emergency order hearing will be set on a date three days after the
documents are submitted to the Family Law Division’s clerk’s office.

(3) Before the emergency order hearing, the party shall file a declaration under penalty of
perjury indicating whether or not notice of the hearing was given in compliance with

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California Rules of Court, rule 5.165. The moving party may satisfy this requirement by
filing a completed Declaration Re Notice Upon Application For Emergency Orders
(Family Law) (local form 5006-FL), a completed Judicial Council form approved for this
purpose, or a declaration in compliance with California Rules of Court, rule 5.151(e)(2).

(Subd (c) amended effective July 1, 2022; adopted effective January 1, 2013;
previously amended July 1, 2014 and January 1, 2016.)

(Rule 5.4 amended effective January 1, 2017; adopted effective January 1, 2013, previously
amended July 1, 2014 and January 1, 2016.)

5.5 LAW AND MOTION HEARINGS (HEARINGS OTHER THAN CASE
MANAGEMENT CONFERENCES, STATUS CONFERENCES, SETTLEMENT
CONFERENCES, AND TRIALS)

a. SETTING AN INITIAL HEARING

When an initial hearing is set pursuant to a Request for Order or other paper seeking
relief, the matter shall be set on the assigned judicial officer’s law and motion
calendar. The clerk shall provide the time and date for all initial hearings. All
matters set on an initial hearing calendar are limited to 20 minutes of hearing time.

(Subd (a) adopted effective January 1, 2013.)

b. VACATING A SCHEDULED HEARING

(1) By the Moving Party

If the moving party’s Request for Order or other papers seeking relief have
not been served on the responding party, the moving party may take the
matter off calendar by giving notice to the court, which may be done by
telephone to the appropriate department. Notice does not need to be given
to the responding party.

If the pleadings have been served on the responding party but no responsive
pleadings have been filed, the moving party may take the matter off calendar
but must give notice to both the court and the responding party so as to avoid
unnecessary review by the court and appearances by the party. Notice to the court
may be given by telephone to the appropriate department.

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(Subd (1) adopted effective January 1, 2013.)

(2) By Stipulation

If responsive pleadings have been filed, the moving party may not take the
matter off calendar without written stipulation or written or oral
confirmation by the responding party. Confirmation may be by telephone
to the appropriate department.

If both parties agree no hearing is needed, both parties shall so inform the
department to which a matter has been assigned as soon as practicable.

A failure to appear without prior notification to the court may result in the
imposition of sanctions against one or both parties and/or attorneys, in the
court’s discretion.

(Subd (2) adopted effective January 1, 2013.)

(Subd (b) adopted effective January 1, 2013.)

c. REISSUANCE OF A REQUEST FOR ORDER

If the moving party did not serve the responding party before the date set for the
hearing, a new hearing date may be obtained from the calendar clerk and a Request
for Order may be reissued. The request to reissue the Request for Order must be
submitted to the court at least two court days before the scheduled hearing date;
otherwise, the party must appear at the hearing and request the reissuance in open
court.

If a moving party does not obtain a reissuance prior to the hearing and fails to appear
at the scheduled hearing to request a reissuance, the court may take the matter off
calendar.

If the moving party served the responding party but the service was untimely, the
moving party must attend the scheduled hearing. The responding party shall be
entitled to a continuance and the court may reissue the Request for Order. Any
temporary orders previously made may be extended upon a showing of good cause.

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(Subd (c) adopted effective January 1, 2013.)

d. DAY OF HEARING PROCEDURES

(1) Duty to Appear and to Advise Court of Settled Issues and Remaining
Contested Issues

All parties and their attorneys shall be punctual for all court appearances
and shall check in with the courtroom clerk or bailiff upon arrival.

The parties or the attorneys for the parties shall be prepared to advise the
court as to what issues have been settled by agreement and what issues
remain contested.

(Subd (1) adopted effective January 1, 2013.)

(2) Failure to Appear by Moving Party

If the moving party or attorney fails to appear when the matter is called, the
court may continue or remove the matter from the calendar at its discretion.
If the responding party appears, the court may award attorney fees and costs
to the appearing party if as a result of the moving party’s nonappearance
unnecessary fees are incurred.

If the responding party appears and has filed and served a responsive
pleading seeking appropriate affirmative relief, the court may continue the
matter or rule on the affirmative relief requested, at its discretion.

(Subd (2) adopted effective January 1, 2013.)

(Subd (d) adopted effective January 1, 2013.)

e. TELEPHONIC APPEARANCES

A party, an attorney, or a representative of a local child support agency or
government agency who wishes to appear by telephone at a hearing must file a
request with the court clerk at least 2 court days prior to the date of the hearing.

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PART ONE: Family Law Proceedings Generally

The request shall be made on a Request for Telephone Appearance
(Judicial Council form FL-679). The request must be served on
all other parties, their attorneys, and the local child support agency
through a means calculated to ensure delivery by the close of
business on the next court day.

If the court permits the appearance by telephone, and unless the
court specifically directs otherwise, counsel or litigants wishing to
appear by telephone shall refer to the Court's website at
www.solano.courts.ca.gov and follow the procedures as set forth
on the website. Counsel or litigants wishing to appear
telephonically shall be responsible for all fees and costs charged
by the service provider.

Absent prior court order, requests for telephonic appearances in
trials, contempt hearings, orders of examination, and any other
matters in which the person has been subpoenaed to appear will not
be permitted. Rules for ex parte requests and orders shortening
time shall apply.

(Subd (e) amended effective July 1, 2017; adopted effective January 1,
2013.)

f. INFORMAL DISCOVERY CONFERENCES

The procedure set forth in Local Rule 3.15 shall apply to informal
discovery conferences brought in proceedings governed by Rule
5.

(Subd (f) adopted effective July 1, 2018.)

(Rule 5.5 amended effective July 1, 2018; Rule 5.5 adopted effective January 1,
2013.)

5.6 PRESENCE OF CHILDREN IN COURTROOM

Unless a child whose custody or visitation is at issue has been given court
permission to address the court or testify per Family Code section 3042,
that child shall not be present in the assigned courtroom while the matter
is being heard, unless the judicial officer has specifically given
permission for the child to be present.

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In the event a party or minor’s counsel wants the child to be present, that
party or minor’s counsel may disclose to the court that the child is in the
courthouse and request that the child be permitted into the courtroom.

(Rule 5.6 adopted effective January 1, 2013.)

5.7 FAMILY CENTERED CASE RESOLUTION PROCESS (CRC 5.83)
[REPEALED]

(Rule 5.7 repealed effective July 1, 2018; adopted effective January 1, 2013;
amended
effective January 1, 2018.)

5.8 STATUS CONFERENCES AND STATUS CONFERENCE REPORTS

a. PROCEDURE FOR SETTING A STATUS CONFERENCE

Status conferences may be used generally to assess the readiness
of a case for meaningful settlement conference and/or trial. No
party shall obtain a settlement conference or trial date except by
court permission, which may be given at a status conference.
Status conferences may be utilized at the court’s discretion for any
other purpose deemed appropriate, such as for setting trial
management conferences.

In dissolution of marriage, nullity of marriage, or legal separation
matters, a status conference shall not be set at a party’s request
unless that party has filed his or her Declaration Regarding
Service of Declaration of Disclosure and Income and Expense
Declaration (Judicial Council form FL-141) showing that the
moving party has complied with the disclosure requirements set
forth in Family Code section 2104. Status conferences may be
requested by filing a local form designated for that purpose,
obtaining a date from the calendar clerk, and giving notice to the
opposing party or counsel. Notice shall be consistent with Code
of Civil Procedure section 1005 and proof of service of such notice
shall be filed with the court.

Compliance with disclosure requirements is not required in
Uniform Parentage Act cases or in proceedings to establish

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custody or support pursuant to Family Code section 3120. Thus,
in cases brought per the Uniform Parentage Act or per Family
Code section 3120, a party may request a status conference by
filing a local form designated for that purpose, obtaining a date
from the calendar clerk, and giving notice to the opposing party
or counsel. Notice shall be consistent with Code of Civil
Procedure section 1005 and proof of service of such notice shall
be filed with the court.

The court may set a case on the status conference calendar at its
discretion. No status conference may be continued or taken off
calendar without court permission.

(Subd (a) relettered effective July 1, 2018; previously adopted as
subd. (b) effective January 1, 2013; former subd (a) repealed
effective July 1, 2018.)

b. FILING AND SERVICE OF STATUS CONFERENCE REPORT

At least seven (7) calendar days before the scheduled status
conference, each party (or their counsel) shall file with the court
and serve on all other parties a completed status conference report
on a local form designated for that purpose. Proof of service of
the status conference report shall be filed with the court at least
seven (7) calendar days before the scheduled status conference.

(Subd. (b) amended effective July 1, 2023; Subd. (b) relettered
effective July 1, 2018; previously adopted as subd. (c) eff.
January 1, 2013; former subd. (b) relettered as subd. (a)
effective July 1, 2018.)

c. SANCTIONS

The court may impose sanctions if:

(1) A status conference report is not timely filed and served;

(2) A status conference report is not fully completed;

(3) A party or his or her attorney fails to appear at the status
conference. However, an attorney may appear on behalf
of a party unless the court has ordered a party to personally
appear; or,

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(4) An attorney or a party is not substantially aware of all
procedural, factual, and legal aspects of the case, or an
attorney does not have full authority to discuss and resolve
any issues that arise at the conference, including, but not
limited to, resolving discovery and the setting of
subsequent court dates.

(Subd. (c) relettered effective July 1, 2018; previously adopted as
subd. (d) effective January 1, 2013; former subd. (c) relettered
as subd. (b) effective July 1, 2018.)

d. APPEARANCES AT STATUS CONFERENCES

An attorney or party may appear remotely for a status conference
unless the judicial officer requires personal appearances. (See
Local Rule 19).

(Rule 5.8 amended effective July 1, 2023; adopted effective January 1, 2013;
previously amended effective January 1, 2018.)

5.9 COURT REPORTER FEES

Court reporter fees in family law proceedings are governed by Local
Rule 18.

(Rule 5.9 amended effective July 1, 2023; adopted effective January 1, 2013.)

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Rule 5 – Family Law
PART TWO: Settlement Conferences and Trials a. SETTLEMENT CONFERENCES GENERALLY

Absent waiver for good cause shown, the court will require a mandatory settlement
conference prior to that matter proceeding to trial. Each party and the attorney who
will try the case for each party shall personally attend the settlement conference,
unless the court excuses the party prior to the conference or has granted permission
to appear telephonically.

(Subd (a) adopted effective January 1, 2013.)

b. DUTY TO MEET AND CONFER

The meet and confer requirements set forth in California Rules of Court, rule 5.98,
shall also apply to settlement conferences.

Counsel and parties shall comply at all times with the policy of the law to promote
settlement of litigation and, where possible, to reduce the costs of litigation by
encouraging cooperation between the parties and attorneys (see Family Code
section 271). Prior to the settlement conference, counsel and parties shall make
good faith efforts to settle all or some of the issues. They must also cooperate so
as to clearly outline and efficiently present the settled and unsettled issues to the
court at the settlement conference.

(Subd (b) adopted effective January 1, 2013.)

c. TIME FOR FILING AND SERVICE OF SETTLEMENT CONFERENCE STATEMENT
AND OTHER REQUIRED DOCUMENTS

Each party or attorney shall file and serve his or her settlement conference statement
and any other documents required by this rule or by court order at least fourteen
(14) calendar days prior to the settlement conference. Proof of service of the
settlement conference statement shall be filed with the court at least seven (7)
calendar days before the scheduled status conference.

(Subd (c) adopted effective January 1, 2013.)

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PART TWO: Settlement Conferences and Trials

d. CONTENTS OF SETTLEMENT CONFERENCE STATEMENT

A settlement conference statement shall state in the caption the date and time of the
settlement conference.

Settlement conference statements submitted in an dissolution of marriage or
registered domestic partnership, nullity, or legal separation action shall respond to
each item set forth below in this subdivision. Settlement conference statements
submitted in any other matter shall respond to each item set forth below in this
subdivision, except for items (4), (5), and (6). If a particular paragraph is not
applicable, the statement shall indicate that fact.

(1) Statistical Facts

(a) For Dissolutions, Nullities, and Legal Separations Only

(i) The date of marriage or registration of registered domestic
partnership, the date of separation, and the length of the
marriage or registered domestic partnership in years and
months; and,

(ii) If the date of separation or any other statistical fact is
contested, the party shall provide all material facts in support
of their position.

(b) For All Cases:

(i) The names and ages of minor children and any disabled adult
children to whom a duty of support may be owed;

(ii) Ages of parties;

(iii) Whether there are any contested issues as to statistical facts,
and if so, a statement setting forth all material facts
concerning the contested issue(s); and,

(iv) The date service of process was completed, where it was
made and how it was accomplished.

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(2) Child Custody and Visitation

(a) A summary of the existing custody and visitation order or, if there
is no existing order, the parties’ current practice; and,

(b) The party’s proposal for custody and visitation. If the proposal is to
change the existing custody or visitation order, the statement shall
include all material facts in support of the proposal.

(3) Child Support

(a) A summary of the existing child support order or, if there is no
existing order, the parties’ current practice;

(b) All material facts in support of any unusual circumstances regarding
income, expenses or ability to earn income;

(c) A current calculation of the party's proposal for child support,
pursuant to the relevant provisions of the Family Code, including a
calculation of the percent of time share; and,

(d) A statement whether or not either party receives public assistance or
services from the Department of Child Support Services in the
instant or related cases.

(4) Spousal or Partner Support (For Dissolutions, Nullities, and Legal
Separations Only)

(a) A summary of existing spousal or partner support order or, if there
is no existing order, the parties’ current practice;

(b) All material facts in support of any unusual circumstances regarding
income, expenses or ability to earn income;

(c) The party’s proposal for spousal or partner support; and,

(d) All relevant and material facts in support of the party’s position,
including facts concerning each of the factors in Family Code
section 4320 in the case of establishing or modifying post-judgment
support.

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(5) Contested Property Issues (For Dissolutions, Nullities, and Legal
Separations Only)

Each party shall list each contested asset or obligation, real or personal, and
for each asset or obligation, furnish the following information, if relevant to
the contested issue:

(a) The date it was acquired;

(b) If the asset has a formal title (e.g. house, vehicle, bank account,
brokerage account, etc.), the manner in which title is vested;

(c) The party’s position as to the property’s character, e.g. as
community property, separate property, or quasi-community or
quasi-marital property;

(d) All material facts and law in support of the party's characterization
of the property;

(e) The current fair market value of the property;

(f) The nature, extent and terms of any encumbrance against the
property and the current net equity in the property;

(g) Whether the property has any community property interest through
application of Moore/Marsden or Pereira/Van Camp, and if so, the
factual and legal basis for apportionment, the formula for
apportionment, and the value of each party's community and
separate property interests; and,

(h) A detailed and complete proposal for the disposition of each item of
property. If the proposed disposition is not substantially equal, the
statement shall include a proposal for equalizing the disposition.

(6) Reimbursements and Credits (For Dissolutions, Nullities, and Legal
Separations Only)

(a) If a party is claiming Epstein credits, Watts/Jeffries credits, Family
Code section 2640 reimbursements, or other claims for
reimbursement or credits, the party shall include a complete

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statement setting forth the factual and legal basis for the credit or
reimbursement claimed and the formula used (if any) to calculate
the credit or reimbursement.

(7) Attorney Fees, Expert Fees, and Costs

(a) Amounts paid by a party on account of his or her own attorney fees,
expert fees, and costs, and any balances due for such fees and costs;

(b) Amounts paid by a party on account of the other party's attorney
fees, expert fees, and costs, and any balances due for such fees and
costs; and,

(c) If a party is requesting that his or her attorney fees, expert witness
fees, or costs be paid in part or in full by the other party, state the
additional amounts requested and the legal and factual basis for the
request.

(8) Documents, Schedules, and Summaries

(a) If property is to be characterized and/or divided, attach copies of all
appraisals, expert reports, and other documentary evidence of an
asset’s value or amount of debt to be offered at the time of trial; and,

(b) List and describe all documents, schedules or summaries, and/or
other evidence to be offered at the time of trial. However, evidence
intended for use only for impeachment purposes is not required to
be listed.

(9) Witnesses and Reports

(a) Give the name, address and telephone number of each witness the
party plans to call at trial;

(b) Attach a copy of each document schedule, summary, expert report
or appraisal about which the witness will testify unless a copy is
attached elsewhere in the settlement conference statement; and,

(c) Provide a brief statement setting forth the substance of the
witnesses’ testimony.

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(10) Points and Authorities

With respect to disputed matters, each party shall list the points and
authorities or legal arguments upon which that party intends to rely, so far
as is known at the time the statement is prepared.

(Subd (d) amended effective January 1, 2018; adopted effective January 1, 2013.)

e. INCOME AND EXPENSE DECLARATION; TAX RETURNS

If child support, spousal support, attorney fees and costs, or sanctions are at issue
and unless a current Income and Expense Declaration (Judicial Council form FL-
150) is already on file, an updated Income and Expense Declaration shall be filed
concurrently with the party’s settlement conference statement. “Current” shall
have the same definition as California Rules of Court, rule 5.260(a)(3). Each party
shall also be prepared to provide the court with a complete copy of that party’s two
most recent federal personal tax returns. This shall include all schedules and
attachments. If either party files a separate tax return for a business, a complete
copy of the two most recent federal tax returns for that business shall also be made
available. Except for Taxpayer Identification Numbers (TIN) or Social Security
Numbers, no information on any tax returns provided to the court may be redacted.

(Subd (e) adopted effective January 1, 2013.)

f. TRIAL JUDGE AS SETTLEMENT CONFERENCE JUDGE

The settlement conference will be conducted by the trial judge. If any party objects
to the trial judge acting as the settlement conference judge, the objecting party must
do as follows:
(1) Orally object at the hearing if the party is present at the hearing at which the
settlement conference date is set; or,
(2) Object in writing if the party is not present at the hearing at which the
settlement conference date is set. The written objections must be filed no
later than ten (10) calendar days after receiving notice of the settlement
conference date.

(Subd (f) adopted effective January 1, 2013.)

(Rule 5.10 amended effective January 1, 2018; adopted effective January 1, 2013.)

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Rule 5 – Family Law
PART TWO: Settlement Conferences and Trials a. MEET AND CONFER REQUIREMENTS

The meet and confer requirements set forth in California Rules of Court, rule 5.98,
shall also apply to all evidentiary hearings and trials.

(Subd (a) adopted effective January 1, 2013.)

b. VACATING OR CONTINUING AN EVIDENTIARY HEARING OR TRIAL DATE

An evidentiary hearing or trial may be vacated or continued only by court
permission obtained pursuant to stipulation by the parties, by order after a noticed
request, or upon the court’s own motion.

If the evidentiary hearing or trial is continued at a party’s request or by stipulation,
the current fee charged for such continuances shall be paid prior to or concurrently
with the filing of the order continuing the trial or evidentiary hearing.

(Subd (b) adopted effective January 1, 2013.)

c. DOCUMENTARY EVIDENCE

The parties shall bring to trial a sufficient number of copies of all evidence such
that a copy can be provided to all opposing parties and the court. Except for
evidence to be used solely for impeachment (e.g. to directly attack the credibility
of a party or witness), copies of all evidence shall be exchanged with all other
parties prior to the commencement of the trial.

So far as is practicable, all parties must have their respective exhibits (except those
to be used solely for impeachment) marked by the courtroom clerk before the time
scheduled for trial to start, unless excused by the assigned judicial officer.

(Subd (c) adopted effective January 1, 2013.)

(Rule 5.11 adopted effective January 1, 2013.)

5.12 – 5.19 [RESERVED]

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Rule 5 – Family Law
PART THREE: Child Custody and Visitation a. PARTIES’ DUTIES

In all proceedings and actions where there is an initial contested issue regarding the
custody of or visitation with a minor child, the matter shall be set for child custody
recommending counseling through Family Court Services. The custody counseling
shall be completed and a report issued by the child custody recommending
counselor before the court hears the matter. Emergency hearings for temporary
orders pending the hearing are exempt from this rule.

If a party does not appear for the hearing and there is satisfactory proof in the court
file that the non-appearing party has notice of the hearing, the counseling session
may proceed without the party’s participation or may be excused in the court’s
discretion.

(Subd (a) adopted effective January 1, 2013.)

b. REPORT – FULL AGREEMENT

Where a full agreement has been reached in the counseling session between the
parties regarding the issues of custody and visitation, the child custody
recommending counselor shall prepare and forward to the court a written summary
of such agreement.

(Subd (b) adopted effective January 1, 2013.)

c. REPORT – PARTIAL OR NO AGREEMENT

Where there is not a full agreement between the parties regarding the issues of
custody and/or visitation, the child custody recommending counselor shall submit
a recommendation to the court regarding custody of and/or visitation with the minor
child(ren), per Family Code section 3183. The counselor’s recommendation shall
state the factual basis for the recommendation, which may include matters
communicated to the counselor by the parties or the minor child(ren). The court
may consider the written recommendation of the counselor and the basis for that
recommendation in determining the issues before the court at the time of hearing.

(Subd (c) adopted effective January 1, 2013.)

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Rule 5 – Family Law
PART THREE: Child Custody and Visitation

d. DISCLOSURE OF CHILD CUSTODY RECOMMENDING COUNSELING REPORT
PROHIBITED

Any written report or recommendation from a child custody recommending
counselor shall be confidential and unavailable to any person except the court, the
parties, their attorneys and the attorneys' employees or agents, the parties' experts,
licensed family counselors professionally involved with the case, the minor child’s
attorney, and any person to whom the court expressly grants access by written order
made with prior notice to all parties.

Dissemination of the report to persons other than those identified above is strictly
prohibited.

(Subd (d) adopted effective January 1, 2013.)

e. CALLING THE CHILD CUSTODY RECOMMENDING COUNSELOR AS A WITNESS

The child custody recommending counselor may be called as a witness by either
party, minor’s counsel, or the court, and may testify regarding his or her
recommendation and the basis therefore.

A party or attorney calling the counselor as a witness at any hearing must comply
with all statutory requirements for compelling a witness’ attendance at a hearing or
trial, including the payment of witness fees.

(Subd (e) adopted effective January 1, 2013.)

f. GRIEVANCE PROCEDURE

The procedure for processing a complaint concerning a Family Court Services child
custody recommending counselor shall be as follows:

(1) Complaints are only accepted from the following individuals:

(a) A party to the action;

(b) A party’s attorney; or

(c) The court-appointed attorney for the minor child.

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PART THREE: Child Custody and Visitation

(2) The complainant must submit his or her complaint in writing with the
Operations Manager for the Family Law Division.

(3) The written complaint must include the following information:

(a) The names of the parties in the case and their attorneys;

(b) The family law case number;

(c) The most recent court date and the date(s) on which the parties met
with the counselor;

(d) The name(s) of any Family Court Services personnel (i.e. child
custody recommending counselors) with whom the complainant had
contact; and,

(e) A statement explaining the reasons for the complaint. Mere
disagreement with a child custody recommending counselor’s
recommendation(s) or stated reasons for a recommendation is not a
sufficient basis for the court or any other program manager to take
action on the grievance, and such a complaint may be summarily
dismissed without further investigation or action.

(4) Persons making complaints should be aware that all information contained
in the complaint will be made available to all parties and the counselor(s)
involved in the case.

(5) The Operations Manager will conduct an investigation of the matter, which
will include consultation with the child custody recommending counselor.
The complainant will be informed in writing of the results of the Operations
Manager’s investigation within 30 days of the submission of the complaint.

(5) Nothing precludes the complainant from bringing his or her concerns to the
court through a noticed motion.

(Subd (f) amended effective January 1, 2018; adopted effective January 1, 2013.)

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PART THREE: Child Custody and Visitation

g. PEREMPTORY CHALLENGE AGAINST FAMILY COURT SERVICES CHILD
CUSTODY RECOMMENDING COUNSELOR

There shall be no “peremptory challenges” of the assigned Family Court Services
child custody recommending counselor.

(Subd (g) adopted effective January 1, 2013.)

h. EX PARTE COMMUNICATIONS WITH CHILD CUSTODY RECOMMENDING
COUNSELOR

Ex parte communication between any party or any attorney and the Family Court
Services child custody recommending counselor is prohibited, unless authorized by
the court or unless the child’s or a party’s physical safety is subject to imminent
risk of harm or danger.

(Subd (h) adopted effective January 1, 2013.)

(Rule 5.20 amended effective January 1, 2018; adopted effective January 1, 2013.)

5.21 CHILD CUSTODY AND VISITATION EVALUATIONS

a. CONTACT WITH EVALUATOR IN CHILD CUSTODY PROCEEDINGS

All ex parte communications between court-appointed or court-connected
evaluators and parties or their attorneys are prohibited, except as provided by law
or court order. (A "court-connected evaluator" is a superior court employee or a
person under contract with a superior court who conducts child custody evaluations.
CRC 5.225(b)(7).) The court may order sanctions for violation of this no-contact
rule, which may include but not be limited to evidence or issue or monetary
sanctions, or suppression and sealing of the evaluator’s report and the conduct of a
new evaluation or investigation at the sole expense of the offending party.

(Subd (a) adopted effective January 1, 2013.)

b. SANCTIONS FOR UNAUTHORIZED ACCESS TO EVALUATOR’S REPORT

Disclosure of the report is governed by Family Code section 3111. If any person
entitled by law or court order to have access to the report discloses the report to

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PART THREE: Child Custody and Visitation

unauthorized individuals or the minor child, the court may impose sanctions against
that person.

(Subd (b) adopted effective January 1, 2013.)

c. GRIEVANCE PROCEDURE – EVALUATORS

The procedure for processing a complaint concerning a court-appointed or court-
connected evaluator shall be as follows:

(1) If the complaint involves the cost or administration of the evaluation or
investigation process, then the complainant shall attempt to resolve the
matter with the evaluator before pursuing his or her complaint as provided
in this rule. All such attempts at resolution shall comply with court orders
and all applicable laws. All other complaints shall be made as presented in
subpart 3 of this rule, below.

(2) Except upon a showing of extraordinary circumstances, complaints about
the performance of an evaluator or investigator shall be addressed after
issuance of the evaluation or investigation report.

(3) Written notice of a complaint, specifying the conduct objected to, shall be
provided to the evaluator or investigator, the other party, and the attorney
for the minor child, and shall be lodged with the court by direct delivery to
the judicial officer, within 20 days after issuance of the evaluation report.
Mere disagreement with an evaluator’s or investigator’s recommendation(s)
or stated reasons is not a sufficient basis for the court or any program
manager to take action on the grievance, and such a complaint may be
summarily denied without further investigation.

(4) A written response from the evaluator or investigator (and from the other
party and/or the attorney for the minor child, at their respective election)
shall be provided to both parties and the attorney for the minor child, and
shall be lodged with the court, no later than 10 days after the complaint was
provided to the evaluator or investigator, the other party, the minor child’s
attorney, and the court.

(5) Within 10 days after receipt of the evaluator’s or investigator’s response, or
if there is no response from the evaluator or investigator, within 20 days
after receiving the original complaint, the court shall issue a written

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Rule 5 – Family Law
PART THREE: Child Custody and Visitation

statement as to what action, if any, it deems appropriate to deal with the
complaint.

(6) If either party or attorney for a minor is not satisfied with the court’s
determination, he or she may file a noticed motion requesting other
specified relief. Such motion shall be in compliance with Code of Civil
Procedure section 1005 and shall be served on the other parties, the attorney
for the minor child, and the evaluator or investigator. The evaluator or
investigator shall appear at the hearing. The cost of the evaluator’s or
investigator’s appearance shall be advanced by the complainant, with the
court reserving jurisdiction over the allocation of such cost.

(Subd (c) adopted effective January 1, 2013.)

d. PEREMPTORY CHALLENGE AGAINST EVALUATOR

There shall be no “peremptory challenges” of the appointed evaluator.

(Subd (d) adopted effective January 1, 2013.)

e. EVALUATOR’S PETITION FOR WITHDRAWAL FROM A CASE

A private evaluator shall have the right to petition for withdrawal from a case to
which he or she has been appointed. Such petition shall demonstrate good cause
for the withdrawal request. The petition shall be filed and served in compliance
with Code of Civil Procedure section 1005.

(Subd (e) adopted effective January 1, 2013.)

(Rule 5.21 adopted effective January 1, 2013.)

5.22 MINOR’S COUNSEL

a. GRIEVANCE PROCEDURE

In a family law proceeding in which the court has appointed counsel for a minor
child or children, any party, counsel for a party, or minor child may submit a
complaint about the performance of appointed counsel. The complaint must be in
writing and served on all counsel and self-represented parties. The original
complaint must be delivered to the courtroom clerk for the supervising judge of

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PART THREE: Child Custody and Visitation

family law and a copy must be delivered to the courtroom clerk of the assigned
bench officer in the case. The supervising judge of family law may refer the
complaint to the assigned bench officer or handle the matter directly and may do
any or all of the following:

(1) Respond to the complaint;
(2) Request a written response or written comments;
(3) Investigate the complaint; and/or;
(4) Set a hearing on the complaint.

A written response will be provided to the person presenting the complaint and all
counsel and self-represented parties, with a copy sent to the assigned bench officer
in the case. All material reviewed in connection with responding to the complaint
shall be maintained as a confidential record in the court file.

(Rule 5.22 adopted effective July 1, 2023.)

5.23 COURT COMMUNICATION PROTOCOL (CRC 5.445)

The court shall adopt a communications protocol and procedure as required by California Rule of Court, rule 5.445.

(Rule 5.23 adopted effective January 1, 2025.)

5.24– 5.29 [RESERVED]

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Rule 5 – Family Law

PART FOUR: Support, Property Division, Attorney Fees, Costs, and Sanctions

5.30 CALCULATION OF TEMPORARY SPOUSAL OR PARTNER SUPPORT

The court has adopted the Santa Clara guideline for temporary spousal or partner support.

(Rule 5.30 adopted effective January 1, 2013.)

5.31 – 5.39 [RESERVED]

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Rule 5 – Family Law

PART FIVE: Judgments

5.40 CALENDARING HEARINGS FOR DEFAULT OR UNCONTESTED JUDGMENTS

Whenever permitted by law, parties are strongly encouraged to submit judgments by affidavit instead of requesting a hearing.

To obtain an uncontested or default judgment through a hearing, the requesting party shall submit a request for a hearing date in writing to the Family Law Clerk’s Office. That request will then be submitted to the assigned judicial officer for calendaring. If the request is granted, a notice of hearing will then be sent to the requesting party.

(Rule 5.40 adopted effective January 1, 2013.)

5.41 DOCUMENTS NEEDED FOR JUDGMENTS FOR LEGAL SEPARATION OR DISSOLUTION OF MARRIAGE OR REGISTERED DOMESTIC PARTNERSHIP

To obtain a judgment of dissolution or legal separation by declaration (without a hearing in court) pursuant to Family Code section 2336, the petitioner shall provide the forms listed in Judgment Checklist – Dissolution/Legal Separation (Judicial Council form FL-182) for the situation that pertains to that case (e.g. default without agreement, default with agreement, or uncontested). Documents that have already been filed do not need to be resubmitted.

To obtain a judgment of dissolution of marriage or registered domestic partnership or legal separation through a hearing, the requesting party must submit to the court at the time the hearing is requested the documents identified in Judgment Checklist – Dissolution/Legal Separation (Judicial Council form FL-182) for the situation that pertains to that case (e.g. default without agreement, default with agreement, or uncontested). Documents that have already been filed do not need to be resubmitted.

(Rule 5.41 adopted effective January 1, 2013.)

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Rule 5 – Family Law

PART FIVE: Judgments

5.42 DOCUMENTS NEEDED FOR JUDGMENTS OF NULLITY

Judgments for nullity of marriage or registered domestic partnership must be set for hearing. They may not be requested by affidavit.

To obtain a judgment of nullity of marriage or registered domestic partnership, the requesting party must submit to the court the documents identified in Appendix 5-A for the situation that pertains to that case (e.g. default without agreement, default with agreement, or uncontested). Documents that have already been filed do not need to be resubmitted.

(Rule 5.42 adopted effective January 1, 2013.)

5.43 DOCUMENTS NEEDED FOR DEFAULT OR UNCONTESTED JUDGMENTS FOR ESTABLISHMENT OF PARENTAL RELATIONSHIP (UPA) OR FOR ESTABLISHMENT OF CUSTODY AND SUPPORT

To obtain a uncontested or default judgment that either establishes the existence or non- existence of a parental relationship or establishes custody and support per Family Code section 3120, the requesting party must submit to the court the documents identified in Appendix 5-B for the situation that pertains to that case (e.g. default without agreement, default with agreement, or uncontested). Documents that have already been filed do not need to be resubmitted.

(Rule 5.43 adopted effective January 1, 2013.)

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APPENDIX

5-A: DOCUMENTS NEEDED FOR JUDGMENTS OF NULLITY

A. DEFAULT WITH NO AGREEMENT (NO APPEARANCE AND NO AGREEMENT)

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested: Proof of Service of Summons (form FL-115) or other proof of service The petitioner’s Declaration regarding Service of Declaration of Disclosure and Income and Expense Declaration ( 141) Request to Enter Default (form FL-165), with a stamped envelope addressed to the respondent and the court clerk's address as the return address If there are children of the relationship, submit the following: 1. The petitioner’s Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) If any financial relief is requested (e.g. child support, spousal/partner support, attorney fees), submit the following: The petitioner's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155) For attorney fees: A Request for Attorney Fees and Costs (form FL-319) or a comparable declaration that addresses the factors covered in the Request for Attorney Fees and Costs form, and, Either a Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in the Supporting Declaration for Attorney’s Fees and Costs Attachment form

The following documents shall be submitted to the court prior to or at the hearing: Judgment (form FL-180), to which is attached: 1. If child custody is requested: Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) OR other proposed written order containing the information required by Family Code 3048(a) 2. If child support is requested: Child Support Information and Order Attachment (form FL-342) Notice of Rights and Responsibilities and Information Sheet on Changing a Child Support Order (form FL-192) 3. If spousal or partner support is requested: Spousal, Partner, or Family Support Order Attachment (form FL-343) or other proposed written order 4. If attorney fees are requested: Attorney Fees and Costs Order Attachment (form FL-346) or other proposed written order 5. If property division is requested: Property Order Attachment to Judgment (form FL-345) or other proposed written order Notice of Entry of Judgment (form FL-190) 2 stamped envelopes large enough to return the Judgment and Notice of Entry of Judgment, with one envelope addressed to petitioner and the other to respondent.

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APPENDIX

5-A: DOCUMENTS NEEDED FOR JUDGMENTS OF NULLITY

B. DEFAULT WITH AGREEMENT (NO RESPONSE AND A WRITTEN AGREEMENT)

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested: Proof of Service of Summons (form FL-115) or other proof of service Declaration regarding Service of Declaration of Disclosure and Income and Expense Declaration (form FL-141) from both the petitioner and respondent (each party must file a separate form) One of the following: 1. Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration (form FL- 141) from both the petitioner and respondent (each party must file a separate form) 2. Stipulation and Waiver of Final Declaration of Disclosure (form FL-144) 3. Separately filed waiver or waiver included in a written agreement under Family Code section 2105(d) Request to Enter Default (form FL-165), with a stamped envelope addressed to the respondent and the court clerk's address as the return address If there are children of the relationship, submit the following: 1. The petitioner’s Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) If any financial relief is requested (e.g. child support, spousal/partner support, attorney fees), submit the following: 1. The petitioner's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155) 2. The respondent's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155) 3. For attorney fees: A Request for Attorney Fees and Costs (form FL-319) or a comparable declaration that addresses the factors covered in the Request for Attorney Fees and Costs form, and, A Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in the Supporting Declaration for Attorney’s Fees and Costs Attachment form

The following documents shall be submitted to the court prior to or at the hearing: Judgment (form FL-180), to which is attached: 1. If child custody is requested: Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) OR other proposed written order containing the information required by Family Code 3048(a) 2. If child support is requested: Child Support Information and Order Attachment (form FL-342) Notice of Rights and Responsibilities and Information Sheet on Changing a Child Support Order (form FL-192) 3. If spousal or partner support is requested: Spousal, Partner, or Family Support Order Attachment (form FL-343) or other proposed written order (continued on next page)

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APPENDIX

5-A: DOCUMENTS NEEDED FOR JUDGMENTS OF NULLITY

4. If attorney fees are requested:
Attorney Fees and Costs Order Attachment (form FL-346) or other proposed written order
5. If property division is requested:
Property Order Attachment to Judgment (form FL-345) or other proposed written order
Notice of Entry of Judgment (form FL-190)
2 stamped envelopes large enough to return the Judgment and Notice of Entry of Judgment, with one envelope
addressed to petitioner and the other to respondent.

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Rule 5 – Family Law

APPENDIX

5-A: DOCUMENTS NEEDED FOR JUDGMENTS OF NULLITY

C. UNCONTESTED CASE (APPEARANCE BY RESPONDENT AND A WRITTEN AGREEMENT)

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested: Proof of Service of Summons (form FL-115) or other proof of service Declaration regarding Service of Declaration of Disclosure and Income and Expense Declaration (form FL-141) from both the petitioner and respondent (each party must file a separate form) One of the following: 1. Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration (form FL 141) from both the petitioner and respondent (each party must file a separate form) 2. Stipulation and Waiver of Final Declaration of Disclosure (form FL-144) 3. Separately filed waiver or waiver included in a written agreement under Family Code section 2105(d) Request to Enter Default (form FL-165), with a stamped envelope addressed to the respondent and the court clerk's address as the return address If there are children of the relationship, submit the following: 1. The petitioner’s Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) If any financial relief is requested (e.g. child support, spousal/partner support, attorney fees), submit the following: 1. The petitioner's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155) 2. The respondent's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155) 3. For attorney fees: A Request for Attorney Fees and Costs (form FL-319) or a comparable declaration that addresses the factors covered in the Request for Attorney Fees and Costs form, and, A Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in the Supporting Declaration for Attorney’s Fees and Costs Attachment form

The following documents shall be submitted to the court prior to or at the hearing: Judgment (form FL-180), to which is attached: 1. If child custody is requested: Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) OR other proposed written order containing the information required by Family Code 3048(a) 2. If child support is requested: Child Support Information and Order Attachment (form FL-342) Notice of Rights and Responsibilities and Information Sheet on Changing a Child Support Order (form FL-192) 3. If spousal or partner support is requested: Spousal, Partner, or Family Support Order Attachment (form FL-343) or other proposed written order (continued on next page)

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Rule 5 – Family Law
APPENDIX

5-A: DOCUMENTS NEEDED FOR JUDGMENTS OF NULLITY

4. If attorney fees are requested:
Attorney Fees and Costs Order Attachment (form FL-346) or other proposed written order
5. If property division is requested:
Property Order Attachment to Judgment (form FL-345) or other proposed written order
Notice of Entry of Judgment (form FL-190)
2 stamped envelopes large enough to return the Judgment and Notice of Entry of Judgment, with one envelope
addressed to petitioner and the other to respondent.

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APPENDIX

5-B: DOCUMENTS NEEDED FOR DEFAULT OR UNCONTESTED JUDGMENTS FOR ESTABLISHMENT OF

PARENTAL RELATIONSHIP (UPA) OR FOR ESTABLISHMENT OF CUSTODY AND SUPPORT PER FAMILY CODE §3120

A. DEFAULT WITH NO AGREEMENT (NO RESPONSE AND NO AGREEMENT)

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested or at the time the judgment by declaration is submitted: Proof of Service of Summons (form FL-115) or other proof of service Request to Enter Default (form FL-165), with a stamped envelope addressed to the respondent and the court clerk's address as the return address The petitioner’s Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) If proceeding without a hearing, submit a Declaration for Default or Uncontested Judgment (form FL-230), to which is attached: 1. The petitioner’s Advisement and Waiver of Rights Re: Establishment of Parental Relationship (form FL-235) 2. If attorney fees are requested: A Request for Attorney Fees and Costs (form FL-319) or a comparable declaration that addresses the factors covered in the Request for Attorney Fees and Costs form, and, Either a Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in the Supporting Declaration for Attorney’s Fees and Costs Attachment form If either child support or attorney fees are requested, submit the following: 1. The petitioner's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155)

The following documents shall be submitted to the court prior to or at the hearing or at the time the judgment by declaration is submitted: Judgment (form FL-250), to which is attached: 1. Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) OR other proposed written order containing the information required by Family Code 3048(a) 2. If child support is requested: Child Support Information and Order Attachment (form FL-342) Notice of Rights and Responsibilities and Information Sheet on Changing a Child Support Order (form FL-192) 3. If attorney fees are requested: Attorney Fees and Costs Order Attachment (form FL-346) or other proposed written order Notice of Entry of Judgment (form FL-190) 2 stamped envelopes large enough to return the Judgment and Notice of Entry of Judgment, with one envelope addressed to petitioner and the other to respondent.

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APPENDIX

5-B: DOCUMENTS NEEDED FOR DEFAULT OR UNCONTESTED JUDGMENTS FOR ESTABLISHMENT OF

PARENTAL RELATIONSHIP (UPA) OR FOR ESTABLISHMENT OF CUSTODY AND SUPPORT PER FAMILY CODE §3120

B. DEFAULT WITH AGREEMENT (NO RESPONSE AND A WRITTEN AGREEMENT)

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested or at the time the judgment by declaration is submitted: Proof of Service of Summons (form FL-115) or other proof of service Request to Enter Default (form FL-165), with a stamped envelope addressed to the respondent and the court clerk's address as the return address The petitioner’s Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) If proceeding without a hearing, submit a Declaration for Default or Uncontested Judgment (form FL-230), to which is attached: 1. The petitioner’s Advisement and Waiver of Rights Re: Establishment of Parental Relationship (form FL-235) 2. The respondent’s Advisement and Waiver of Rights Re: Establishment of Parental Relationship (form FL-235) 3. If attorney fees are requested: A Request for Attorney Fees and Costs (form FL-319) or a comparable declaration that addresses the factors covered in the Request for Attorney Fees and Costs form, and, Either a Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in the Supporting Declaration for Attorney’s Fees and Costs Attachment form If either child support or attorney fees are requested, submit the following: 1. The petitioner's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155)

The following documents shall be submitted to the court prior to or at the hearing or at the time the judgment by declaration is submitted: Judgment (form FL-250), to which is attached: 1. Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) OR other proposed written order containing the information required by Family Code 3048(a) 2. If child support is requested: Child Support Information and Order Attachment (form FL-342) Notice of Rights and Responsibilities and Information Sheet on Changing a Child Support Order (form FL-192) 3. If attorney fees are requested: Attorney Fees and Costs Order Attachment (form FL-346) or other proposed written order Notice of Entry of Judgment (form FL-190) 2 stamped envelopes large enough to return the Judgment and Notice of Entry of Judgment, with one envelope addressed to petitioner and the other to respondent.

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APPENDIX

5-B: DOCUMENTS NEEDED FOR DEFAULT OR UNCONTESTED JUDGMENTS FOR ESTABLISHMENT OF

PARENTAL RELATIONSHIP (UPA) OR FOR ESTABLISHMENT OF CUSTODY AND SUPPORT PER FAMILY CODE §3120

C. UNCONTESTED (APPEARANCE BY THE RESPONDENT AND A WRITTEN AGREEMENT)

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested or at the time the judgment by declaration is submitted: Proof of Service of Summons (form FL-115) or other proof of service Request to Enter Default (form FL-165), with a stamped envelope addressed to the respondent and the court clerk's address as the return address Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) from both the petitioner and respondent (a separate form must be filed by each party) Stipulation for Entry of Judgment Re: Establishment of Parental Relationship (form FL-240) If proceeding without a hearing, submit a Declaration for Default or Uncontested Judgment (form FL-230), to which is attached: 1. Advisement and Waiver of Rights Re: Establishment of Parental Relationship (form FL-235) from both the petitioner and the respondent (a separate form must be signed by each party) 2. If attorney fees are requested: A Request for Attorney Fees and Costs (form FL-319) or a comparable declaration that addresses the factors covered in the Request for Attorney Fees and Costs form, and, Either a Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in the Supporting Declaration for Attorney’s Fees and Costs Attachment form If either child support or attorney fees are requested, submit the following: 1. The petitioner's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155)

The following documents shall be submitted to the court prior to or at the hearing or at the time the judgment by declaration is submitted: Judgment (form FL-250), to which is attached: 1. Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) OR other proposed written order containing the information required by Family Code 3048(a) 2. If child support is requested: Child Support Information and Order Attachment (form FL-342) Notice of Rights and Responsibilities and Information Sheet on Changing a Child Support Order (form FL-192) 3. If attorney fees are requested: Attorney Fees and Costs Order Attachment (form FL-346) or other proposed written order Notice of Entry of Judgment (form FL-190) 2 stamped envelopes large enough to return the Judgment and Notice of Entry of Judgment, with one envelope addressed to petitioner and the other to respondent.

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Rule 5 – Family Law

APPENDIX

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FILE D "~ .. ~ .. ·~'0R COURT 1 :?-OL·H 2015 AUG II AH 8: 33 2

3

4

5 IN THE SUPERIOR COURT OF CALIFORNIA

6 IN AND FOR THE COUNTY OF SOLANO

7

8 In Re: All Matters Involving the Solano County Standing Order No. 2015-001-FL

9 Department of Child Support Services STANDING ORDER
INCORPORATING SOLANO COUNTY 10
DCSS ADDITIONAL ORDERS INTO
11 ALL SOLANO COUNTY DCSS
JUDGMENTS AND ORDERS
12

13

14 TO ALL PARTIES IN MATTERS INVOLVING THE SOLANO COUNTY

15 DEPARTMENT OF CHILD SUPPORT SERVICES:
16 1. Whereas the Solano County Department of Child Support Services ("DCSS") has a set

17 of standard orders routinely included in its petitions, orders, and judgments;

18 2. Whereas recent changes to the formatting and method of filing of petitions, orders, and

19 judgments do not provide space for the inclusion of said standard orders; and,

20 3. Good cause exists to continue including such standard orders in future petitions, orders,

21 andjudgments;

22 IT IS HEREBY ORDERED:

23 1. Effective August 1, 2015, the Solano County Department of Child Support Services

24 standard orders shall be incorporated by reference as orders of this court in all judgments and

25 orders made in proceedings where the Solano County Department of Child Support Services is

Standing Order 201 5-00 1-FL Page I of2

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