California Family Law

by | Apr 16, 2020

Course Information

 

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Introduction

1-1 How to Get Started
1-2 How to Find the Info You Need in this Course
1-3 Review of Judicial Council Forms
1-4 How to Find Judicial Council Forms Online
1-5 How to Find Statutes Online 
1-6 How to Find Case Law Online
1-7 How to Find California Rules of Court

Emergency Orders

2-1 Confidential Mailing Address
2-2 How to Get an Emergency Hearing in Family Court
2-3 Sample Ex Parte Application and Order
2-4 The Purpose of the FL-300 Form
2-5 Declaration Re: Notice and Service of Request for Temporary Orders
2-6 How to Request Temporary Emergency Orders
2-7 Child Abduction Prevention Order Attachment
2-8 Make a Temporary Emergency Order into a Long-Term Order
2-9 Have Your Child Returned from Foreign Country

Domestic Violence Restraining Orders

3-1 Summary of Domestic Violence Restraining Order Laws
3-2 What a DVRO is and When it is Used
3-3 Confidential CLETS Info – FL-001
3-4 Request for DVRO – DV-100
3-5 Description of Abuse – DV-101
3-6 Request for Child Custody and Visitation Orders – DV-105
3-7 Request for Order: No Travel with Children – DV-108
3-8 Request to Keep Minor’s Information Confidential – DV-160
3-9 Notice of Court Hearing – FL-109 
3-10 Summons – DV-210
3-11 Temporary Restraining Order (CLETS TRO) – DV-110
3-12 Proof of Personal Service (CLETS) – DV-200
3-13 Proof of Service by Mail (CLETS) – DV-250
3-14 Waiver of Hearing on Denied Request for TRO – DV-112
3-15 Request to Continue Hearing (TRO) – DV-115
3-16 Order on Request to Continue Court Hearing (TRO) – DV-116
3-17 Response to Request for DVRO – DV-120 
3-18 Restraining Order After Hearing – DV-130
3-19 Child Custody and Visitation Order – DV-140 
3-20 Order: No Travel with Children – DV-145
3-21 Supervised Visitation and Exchange Order – DV-150
3-22 Order on Request to Keep Minor’s Info Confidential – DV-165
3-23 Notice of Order Protecting Information of Minor – DV-170 
3-24 Cover Sheet for Confidential Information – DV-175
3-25 Agreement and Judgment of Parentage – DV-180
3-26 Findings and Order to Terminate Restraining Order After Hearing (CLETS-CANCEL) – DV-400
3-27 Modifying or Ending a DVRO After Hearing – DV-400-INFO
3-28 Determining Which Financial Form to Use – DV-570 
3-29 Order to Register Out-of-State Restraining Order – DV-600 
3-30 Request to Renew Restraining Order – DV-700 
3-31 Notice of Hearing to Renew Restraining Order – DV-710
3-32 Response to Request to Renew Restraining Order – DV-720
3-33 Proof of Firearms Turned In, Sold, or Stored – DV-800
3-34 How to Turn In, Sell, or Store Your Firearm – DV-800-INFO
3-35 Proof of Enrollment for Batterer Intervention Program – DV-805
3-36 Batterer Intervention Program Progress Report – DV-815
3-37 Order Transferring Wireless Phone Account – DV-900
3-38 Attachment to Order Transferring Wireless Phone Account – DV-901 

Requests for Orders

4-1 Explanation of Requests for Orders
4-2 Request for Order (Non-Emergency) – FL-300
4-3 Declarations & Attachments – MC-030 & MC-025
4-4 Responsive Declaration to RFO – FL-320
4-5 Request and Order to Continue Hearing – FL-306 & FL-307
4-6 Witness List – FL-321

Child Custody

5-1 Common Visitation Schedules
5-2 Important Assumptions Related to Child Custody
5-3 Legal Standards Considered by Courts in Making Child Custody Decisions
5-4 Child Custody Information Sheet—Recommending Counseling – FL-313-INFO
5-5 Child Custody Information Sheet—Child Custody Mediation – FL-314-INFO
5-6 Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) – FL-105
5-7 Attachment to Declaration Under UCCJEA – FL-105(A)
5-8 Child Custody and Visitation (Parenting Time) Application Attachment – FL-311
5-9 Request for Child Abduction Prevention Orders – FL-312
5-10 Children’s Holiday Schedule Attachment – FL-341(C)
5-11 Physical Custody Attachment – FL-341(D)
5-12 Joint Legal Custody Attachment – FL-341(E)
5-13 Move-Aways
5-14 Child Custody Evaluations
5-15 Notice of Motion and Declaration for Joinder – FL-371
5-16 Responsive Declaration to Motion for Joinder – FL-373
5-17 Summons (Joinder) – FL-375

Support

6-1 Background on Child Support Laws
6-2 Background on Spousal Support Laws
6-3 Child Support Case Registry Form – FL-191
6-4 Request for Hearing and Application to Set Aside Support for Fraud, Perjury, or Lack of Notice – FL-360
6-5 Responsive Declaration to Application to Set Aside Support Order – FL-365
6-6 Order After Hearing on Motion to Set Aside Support Order – FL-367
6-7 Application for Expedited Child Support Order – FL-380
6-8 Response to Application for Expedited Child Support Order and Notice of Hearing – FL-381
6-9 Expedited Child Support Order – FL-382
6-10 Requesting a Hardship Deduction
6-11 Responding to a Request for Hardship Deduction
6-12 Motion for Simplified Modification of Order for Child, Spousal, or Family Support – FL-390
6-13 Responsive Declaration to Motion for Simplified Modification of Order for Child, Spousal, or Family Support – FL-392
6-14 Notice of Activation of Military Service and Deployment and Request to Modify a Support Order – FL-398
6-15 Spousal or Partner Support Declaration Attachment – FL-157
6-16 Income Withholding for Support – FL-195
6-17 Income Withholding FAQ
6-18 Imputation of Income
6-19 How to Address Imputation of Income in Court
6-20 Low Income Adjustment
6-21 Irregular Income Considerations for Calculation of Support

Findings & Orders – Child Custody & Support

7-1 Findings & Orders Introduction
7-2 Findings and Order After Hearing (Custody and Support—Uniform Parentage) – FL-340
7-3 Child Custody and Visitation (Parenting Time) Order Attachment – FL-341
7-4 Supervised Visitation Order – FL-341(A)
7-5 Children’s Holiday Schedule Attachment – FL-341(C)
7-6 Additional Provisions—Physical Custody Attachment – FL-341(D)
7-7 Joint Legal Custody Attachment – FL-341(E)
7-8 Child Support Information and Order Attachment – FL-342
7-9 Non-Guideline Child Support Findings Attachment – FL-342(A)
7-10 Spousal, Partner, or Family Support Order Attachment – FL-343
7-11 Notice of Rights and Responsibilities – Health-Care Costs and Reimbursement Procedures – FL-192

Findings & Orders – Miscellaneous

8-1 Property Order Attachment to Findings and Order After Hearing – FL-344
8-2 Attorney Fees and Costs Order Attachment – FL-346
8-3 Family Centered Case Resolution Order – FL-174

Support with Child Support Services Agency

9-1 Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income – FL-640
9-2 Declaration of Obligor’s Income During Judgment Period – Presumed Income Set-Aside Request – FL-643
9-3 Notice to Local Child Support Agency of Intent to Take Independent Action to Enforce Support Order – FL-645
9-4 Request for Determination of Support Arrears – FL-676
9-5 Request for Telephone Appearance – FL-679
9-6 Response to Governmental Notice of Motion or Order to Show Cause – FL-685
9-7 Advisement and Waiver of Rights for Stipulation – FL-694

Financial

10-1 Income and Expense Declaration – FL-150
10-2 Difference Between Community Property (and Debt) and Separate Property (and Debt)
10-3 Financial Statement (Simplified) – FL-155
10-4 Request for Joinder of Employee Benefit Plan and Order – FL-372
10-5 Pleading on Joinder – Employee Benefits Plan – FL-370
10-6 Notice of Appearance by Employee Benefit Plan – FL-374

Service

11-1 Explanation of Proof of Service
11-2 Proof of Personal Service – FL-330
11-3 Proof of Service by Mail – FL-335
11-4 Application for Order for Publication or Posting – FL-980
11-5 Order for Publication or Posting – FL-982
11-6 Proof of Service by Posting – FL-985
11-7 Notice of Change of Address or Other Contact Information – MC-040
11-8 Declaration Regarding Address Verification PostJudgment – FL-334

Divorce & Legal Separation

12-1 Difference Between Divorce and Legal Separation
12-2 Legal Steps for Divorce or Legal Separation – FL-107-INFO
12-3 Petition for Divorce/Legal Separation of Marriage/Domestic Partnership – FL-100
12-4 Summons – FL-110
12-5 Proof of Service of Summons – FL-115
12-6 Notice and Acknowledgement of Receipt – FL-117
12-7 Response to Petition for Dissolution/Legal Separation of Marriage/Domestic Partnership – FL-120
12-8 Schedule of Assets and Debts – FL-142
12-9 Declaration of Disclosure – FL-140
12-10 Declaration Regarding Service of Declaration of Disclosure – FL-141
12-11 Property Declaration and Continuation Forms – FL-160 and FL-161
12-12 Case Information—Family Law – FL-172

Divorce – Bifurcation

13-1 Explanation of Bifurcation
13-2 Request or Response to Request for Separate Trial – FL-315
13-3 Bifurcation of Status of Marriage or Domestic Partnership Attachment – FL-347

Stipulations

14-1 Stipulation to Establish or Modify Child Support and Order – FL-350
14-2 Stipulation and Order for Custody and/or Visitation of Children – FL-355
14-3 Stipulation and Waiver of Final Declaration of Disclosure – FL-144

Judgment of Dissolution or Legal Separation

15-1 Explanation of a Judgment
15-2 Judgment Checklist—Dissolution/Legal Separation – FL-182
15-3 Appearance, Stipulations, and Waivers – FL-130
15-4 Declaration and Conditional Waiver of Rights Under the Servicemembers Civil Relief Act of 2003 – FL-130(A)
15-5 Declaration for Default or Uncontested Dissolution or Legal Separation – FL-170
15-6 Judgment – FL-180
15-7 Notice of Entry of Judgment – FL-190
15-8 Property Order Attachment to Judgment – FL-345
15-9 Request to Enter Default – FL-165
15-10 Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order – FL-395
15-11 Request and Declaration for Final Judgment of Dissolution of Marriage – FL-970

Summary Dissolution

16-1 What Summary Dissolution Means and When it is Used – FL-810
16-2 Joint Petition for Summary Dissolution – FL-800
16-3 Property Settlement Agreement for Summary Dissolution
16-4 Request for Judgment, Judgment of Dissolution of Marriage, and Notice of Entry of Judgment – FL-820
16-5 Judgment of Dissolution and Notice of Entry of Judgment – FL-825
16-6 Notice of Revocation of Joint Petition for Summary Dissolution – FL-830

Parentage

17-1 Explanation of Parentage/Paternity
17-2 Petition to Determine Parental Relationship (Uniform Parentage) – FL-200
17-3 Summons (Parentage – Custody & Support) – FL-210
17-4 Response to Petition to Determine Parental Relationship – FL-220
17-5 Declaration for Default or Uncontested Judgment – FL-230
17-6 Advisement and Waiver of Rights Re: Establishment of Parental Relationship – FL-235
17-7 Stipulation for Entry of Judgment Re: Establishment of Parental Relationship – FL-240
17-8 Judgment (Uniform Parentage—Custody and Support) – FL-250
17-9 Petition for Custody and Support of Minor Children – FL-260
17-10 Response to Petition for Custody and Support of Minor Children – FL-270
17-11 Notice of Motion to Cancel (Set Aside) Judgment of Parentage – FL-272
17-12 Declaration in Support of Motion to Cancel (Set Aside) Judgment of Parentage – FL-273
17-13 Response to Notice of Motion to Cancel (Set Aside) Judgment of Parentage – FL-276
17-14 Order After Hearing on Motion to Set Aside Judgment of Parentage – FL-278
17-15 Request for Hearing and Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity – FL-280
17-16 Responsive Declaration to Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity – FL-285
17-17 Order After Hearing on Motion to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity – FL-290

Discovery

18-1 What Discovery Means
18-2 Types of Discovery
18-3 Request for Orders Re: Noncompliance with Disclosure Requirements – FL-316
18-4 Request for Production of an Income and Expense Declaration After Judgment – FL-396
18-5 Request for Income and Benefit Information From Employer – FL-397
18-6 Form Interrogatories – FL-145
18-7 Response to Form Interrogatories (Template)
18-8 How to Obtain Documents Through Subpoena Process
18-9 Notice to Consumer or Employee and Objection – SUBP-025
18-10 Deposition Subpoena for Production of Business Records – SUBP-010
18-11 Deposition Subpoena for Personal Appearance – SUBP-015
18-12 Deposition Subpoena for Personal Appearance and Production of Documents and Things – SUBP-020
18-13 Civil Subpoena for Personal Appearance at Trial or Hearing – SUBP-001
18-14 Civil Subpoena for Personal Appearance and Production of Documents … at Trial or Hearing – SUBP-002

Enforcement

19-1 Order for Child Support Security Deposit and Evidence of Deposit – FL-400
19-2 Application & Order for Disbursement from Child Support Security Deposit – FL-401
19-3 What Contempt Means
19-4 Order to Show Cause and Affidavit for Contempt – FL-410
19-5 Affidavit of Facts Constituting Contempt (Financial and Injunctive Orders) – FL-411
19-6 Affidavit of Facts Constituting Contempt (Domestic Violence/Custody and Visitation) – FL-412
19-7 Findings and Order Regarding Contempt – FL-415
19-8 Declaration of Payment History – FL-420
19-9 Payment History Attachment – FL-421
19-10 Ex Parte Application to Issue, Modify, or Terminate an Earnings Assignment Order – FL-430
19-11 Statement for Registration of CA Support Order – FL-440
19-12 Request for Hearing Regarding Registration of CA Support Order – FL-445
19-13 Notice of Registration of Out of State Support Order – FL-570
19-14 Uniform Support Petition (OBM 0970-0085)
19-15 Request for Hearing re: Registration of Out of State Support Order – FL-575
19-16 Notice of Registration of Out of State Custody Order – FL-580
19-17 Request for Hearing Re: Registration of Out of State Custody Order – FL-585
19-18 Earnings Assignment Order for Spousal or Partner Support – FL-435
19-19 Request for Hearing Re: Earnings Assignment – FL-450
19-20 Stay of Service of Earnings Assignment and Order – FL-455
19-21 QDRO or Qualified Domestic Relations Order for Support (Earnings Assignment Order for Support) and Attachment – FL-460 and FL-461
19-22 Application and Order for Health Insurance Coverage – FL-470
19-23 Request and Notice of Hearing Regarding Health Insurance Assignment – FL-478
19-24 Notice of Delinquency of Child Support Payments- FL-485
19-25 Application to Determine Arrears – FL-490

Attorney Fees & Costs

20-1 Request and Order to Waive Court Fees – FW-001 and FW-003
20-2 Types of Attorney Fee Awards in Family Law Cases
20-3 Request for Attorney Fees and Costs Attachment – FL-319
20-4 Supporting Declaration for Attorney Fees and Costs Attachment – FL-158

Juvenile Court & CPS/CWS Records

21-1 Request for Disclosure of Juvenile Case File – JV-570
21-2 Proof of Service—Request for Disclosure – JV-569
21-3 Notice of Request for Disclosure of Juvenile Case File – JV-571
21-4 Objection to Release of Juvenile Case File – JV-572
21-5 Orders on Request for Disclosure of Juvenile Case File – JV-573 and JV-574
21-6 Petition to Obtain Report of Law Enforcement Agency – JV-575
21-7 Notice to Child and Parent/Guardian RE: Release of Juvenile Police Records and Objection – JV-580
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