Imperial — Request for International Judicial Assistance for Service of Process in Mexico (FL-18A)

Source: https://www.imperial.courts.ca.gov/system/files/fl-18a.pdf

SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL FOR COURT USE ONLY 939 W. MAIN STREET EL CENTRO, CA 92243

PETITIONER:

RESPONDENT:

REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE FOR CASE NUMBER: SERVICE OF PROCESS IN MEXICO

FROM THE SUPERIOR COURT OF CALIFORNIA, IN AND FOR THE COUNTY OF IMPERIAL, UNITED STATES OF AMERICA, TO THE APPROPRIATE JUDICIAL AUTHORITY IN THE REPUBLIC OF MEXICO IN REGARD TO THE SERVICE OF PROCESS IN __________________________________________, MEXICO: (City and state) This Court presents its compliments to the appropriate judicial authority of City: ,State:

____________________________________ Mexico, (Name and Title of Presiding Judge) ______________________________________,

and requests international judicial assistance for the Service of Process in a family law proceeding before this Court in the above-captioned

matter, as necessary in the interests of justice.

This request is made under California Code of Civil Procedure Section 413.10(c), the Inter-American Convention on Letters

Rogatory, Principles of International Reciprocity, the Mexican Federal Code of Civil Procedures, Sections 549–551, 568–571, and the

Code of Civil Procedure Sections for the Mexican State of .

The facts of the case pending before the requesting court are as follows: On (date): _______________________, a

Petition for Dissolution of Marriage Other:

Petition for Legal Separation

Petition for Nullity Other:

Petition to Establish Parental Relationship

was filed by , Petitioner, against , Respondent,

in case number , requesting

dissolution of marriage based on (Cite legal grounds)

legal separation based on (Cite legal grounds

nullity of marriage based on (Cite legal grounds)

establishment of parental relationship

The children include:

1.____________________________________________ (name) _________________ (date of birth)

2.____________________________________________ (name) _________________ (date of birth)

3.____________________________________________ (name) _________________ (date of birth)

4.____________________________________________ (name) _________________ (date of birth).

The Petition requests joint legal custody, or sole legal custody of the minor child(ren) for the Petitioner Respondent joint physical custody, or sole physical custody of the minor child(ren) for the Petitioner Respondent visitation rights for the Petitioner Respondent possible child support orders spousal support for Petitioner Respondent termination of jurisdiction to award spousal support to Petitioner Respondent property division other: __________________________________________________________________________.

The address of the Petitioner is:

Form Approved for Mandatory Use imperial.courts.ca.gov FL-18A(Adopted 01/01/11, REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE Revised 01/01/12-01/01/15) FOR SERVICE OF PROCESS IN MEXICO Page 1 of 4

CASE NUMBER: REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE FOR SERVICE OF PROCESS IN MEXICO

The undersigned judicial authority has the honor to transmit the documents listed below in duplicate, and requests prompt service of

process of one copy thereof on Respondent (name) ______________________________________ at the address of

___________________________________________________________________________. The undersigned judicial authority further

requests that service be carried out in the following manner: (a) by personal service on the identified addressee, or (b) if personal service is

not possible, then, in accordance with the law of the State of destination.

If Respondent cannot be located for personal or substitute service, the undersigned judicial authority requests that service be

accomplished by publication or posting in accordance with the law of the State of destination. A Declaration of Diligence Regarding

Attempts to Locate Respondent in California and Mexico signed by Petitioner is included with the documents to be served.

The marriage dissolution documents marked to be served are The Uniform Parentage Act documents marked to be served are

authenticated copies of: authenticated copies of:

Summons Summons

Petition for Dissolution of Marriage Petition to Establish Parental Relationship

Petition for Legal Separation Income and Expense Declaration

Petition for Nullity Copy of this Letter Rogatory

Property Declaration Declaration Under Uniform Child Custody Jurisdiction

Declaration of Disclosure (Preliminary) and Enforcement Act (UCCJEA)

Income and Expense Declaration Declaration of Diligence Regarding Attempts

Schedule of Assets and Debts to Locate Respondent

Copy of this Letter Rogatory Notice of Family Law Case Management Conference

Declaration Under Uniform Child Custody Jurisdiction Blank Response to Petition to Establish Parental

and Enforcement Act (UCCJEA) Relationship

Declaration of Diligence Regarding Attempts Blank Declaration Under Uniform Child Custody

to Locate Respondent Jurisdiction and Enforcement Act (UCCJEA)

Notice of Family Law Case Management Conference Blank Income and Expense Declaration

Blank Response to Petition for Dissolution of Blank Case Management Questionnaire

Marriage, Legal Separation or Nullity Other:____________________________________

Blank Property Declaration

Blank Declaration of Disclosure

Blank Income and Expense Declaration

Blank Schedule of Assets and Debts

Blank Case Management Questionnaire

Other:____________________________________________

This Court further requests that the judicial authority of the State of destination return to this Court an executed Certificate of

Execution, as attached hereto, once service of process is complete. The requesting Court agrees to willingly provide similar assistance to

the judicial authorities of the Receiving State, ________________________, Mexico.

Date: _______________________________________________

The Honorable:

Judge of the Superior Court of California, County of Imperial

Form Approved for Mandatory Use imperial.courts.ca.gov FL-18A (Adopted 01/01/11, REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE Revised 01/01/12-01/01/15) FOR SERVICE OF PROCESS IN MEXICO Page 2 of 4

CASE NUMBER: REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE FOR SERVICE OF PROCESS IN MEXICO

AUTHENTICATION

As Clerk of the Court for the Superior Court of California, County of Imperial, I do hereby certify that

the Honorable , whose signature is affixed to the Request for

International Judicial Assistance for Service of Process Abroad, annexed hereto, was at the time and

date thereof, Judge of the Superior Court of California, County of Imperial; that the official acts and

doings of said Judge are entitled to full faith and credit; and that the attestation to said Request is in due

form of law. I further certify that the seal attached to said Request is the official seal of the Court.

WITNESS my hand and seal of said Court in the County of Imperial, State of California, on this

_________ day of ______________, 20 ____.

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Maria Rhinehart, Clerk of the Superior Court

[Seal]

AUTHENTICATION

As Judge of the Superior Court of California, County of Imperial, I do hereby certify that

____________________________, whose signature is affixed hereto, was at the time and date thereof,

Clerk of the Court for the Superior Court of California, County of Imperial; that the official acts and

doings of said Clerk are entitled to full faith and credit; and that this authentication to said Request is in

due form of law.

WITNESS my hand and seal of said Court in the County of Imperial, State of California, on this

________ day of _____, 20.

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The Honorable :

Judge of the Superior Court of California, County of Imperial

Form Approved for Mandatory Use imperial.courts.ca.gov FL-18A (Adopted 01/01/11, REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE Revised 01/01/12-01/01/15) FOR SERVICE OF PROCESS IN MEXICO Page 3 of 4

SHORT TITLE: CASE NUMBER:

ESSENTIAL INFORMATION FOR RESPONDENT

You are hereby informed that on (date) ________________ the Petitioner filed a Petition for Dissolution of Marriage

Petition for Legal Separation Petition for Nullity Petition to Establish Parental Relationship

Other ___________________________ against you as Respondent, in case number _______________. The Petition requests a

dissolution of marriage legal separation nullity of marriage based on____________________________ other

---

establishment of parental relationship.

The minor children include:

1.____________________________________________(name) _________________(date of birth)

2 .____________________________________________(name) _________________(date of birth)

3.____________________________________________(name) _________________(date of birth)

4.____________________________________________(name) _________________(date of birth)

In addition, the Petition requests the following orders:

joint legal custody or sole legal custody to the Petitioner Respondent,

joint physical custody or sole physical custody of the minor child(ren) to the Petitioner Respondent,

visitation rights for petitioner respondent, possible child support orders,

spousal support to the Petitioner Respondent,

termination of jurisdiction to award spousal support to petitioner respondent,

property division,

other:____________________________________________________________________________________.

The address of the Petitioner is ______________________________________________________________. This form is attached to the

Letter Rogatory giving rise to the service of these documents.

Also attached are:

Copies of the Petition initiating the action in which the Letter Rogatory was issued, copies of documents filed concurrently

with the petition, and any rulings that ordered the issuance of the Letter Rogatory. The Summons grants you 30 calendar days from the date

of service to file the Response, and warns that if you do not, the case may be determined by default (without your participation) and that the

court may make orders affecting your marriage or domestic partnership, property, debts, custody of children, and may order you to pay

support, attorney’s fees and costs. You are required by the local rules of the Imperial County Superior Court to file a Case Management

Questionnaire no later than fifteen calendar days before your Case Management Hearing.

Other: ______________________________________________________________________________________________.

The first paper fee to file the Response is $435.00 (U.S. Dollars). If you cannot afford to pay the filing fee, you may apply to the

court for an order waiving the filing fee and other fees. Information about obtaining a fee waiver may be found at

http://www.courts.ca.gov/documents/fw001info.pdf .

Legal information and assistance is available at the Family Law Facilitator’s Office in the courthouse where your case was filed.

For a list of all Family Law Facilitator’s locations in the state of California, see http://www.courts.ca.gov/9497.htm. Assistance is also

available at the Access Center, Superior Court of California, County of Imperial, 939 W. Main Street, El Centro, CA 92243, email

accesscenter@imperial.courts.ca.gov.

Form Approved for Mandatory Use imperial.courts.ca.gov FL-18A (Adopted 01/01/11, REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE Revised 01/01/12-01/01/15) FOR SERVICE OF PROCESS IN MEXICO Page 4 of 4