Chapter five family division rules - Superior Court of California ...

More documents

Recommendations

Info

SUPERIOR COURT OF CALIFORNIACOUNTY OF LOS ANGELESsought must be attached as an exhibit to the petition. The petition must be accompanied by aseparately filed proposed order.(b) Compliance With Family Code Section 6752(e). A proposed order confirming a minor’scontract must direct petitioner, through his or her counsel, to file a declaration under penalty ofperjury evidencing: (1) compliance with Family Code section 6752(b), and (2) that petitionerforwarded a copy of the order to the minor’s guardian ad litem with a cover letter which includedthe language under Family Code section 6752(e).(c) Continuing Jurisdiction. Department 2 has continuing jurisdiction over the petition andany funds blocked pursuant to court order until the funds are released. A petition to amend a priororder pursuant to Family Code section 6752(b)(7), or a petition for withdrawal of funds fromblocked account pursuant to Family Code section 6752(d)(5), must be supported by adequatedeclarations setting forth the reason and necessity of the requested action.(d) Application For Release Of Funds. Applications for release of funds to the minor afterreaching majority must be accompanied by proof that the minor has reached the age of eighteen oris emancipated.(e) Fees. The clerk will assess a fee for processing applications for release of funds fromblocked minors accounts.(Rule 5.22 [7/1/2011] amended and effective January 1, 2012)5.23 DUTIES OF FAMILY LAW FACILITATORPursuant to the provisions of Family Code section 10005(a), duties of the Family LawFacilitator shall include the following:(a) Meetings. Meeting with litigants to mediate issues of child support, spousal support, andmaintenance of health insurance, subject to Family Code section 10012. Actions in which one orboth of the parties are self-represented have priority;(b) Stipulations. Drafting stipulations to include all issues agreed to by the parties, whichmay include issues other than those specified in Family Code section 10003;(c) Advice to Court. If the parties are unable to resolve issues with the assistance of theFamily Law Facilitator, prior to or at the hearing, and at the request of the court, reviewing thepaperwork, examining documents, preparing support schedules, and advising the court whether ornot the matter is ready to proceed; and(d) Preparation of Order. Preparing formal orders consistent with the court’s announcedorder in cases where both parties are self-represented.(Rule 5.23 new and effective July 1, 2011)5.24 ACTIONS FOR PATERNITY/PARENTAGE, CHILD AND SPOUSAL SUPPORT(a) Central Civil West Courthouse. The following actions shall be heard at the Central CivilWest Courthouse:(1) Actions filed by the Child Support Services Department (“CSSD”) pursuant tothe Family Code for an order to establish paternity (parentage) and/or child support, to modify childsupport, to obtain retroactive child support; or to enforce a child, spousal or family support order;(2) Actions filed, other than by the CSSD, involving only the modification orenforcement of a child, spousal or family support order or for the determination or collection ofPage 143 of 217LOCAL RULES - Effective January 1, 2014
SUPERIOR COURT OF CALIFORNIACOUNTY OF LOS ANGELESarrears in which the CSSD has made an appearance or is enforcing the child, spousal or familysupport order; and(3) Actions which, upon proper notice, are transferred to Central Civil West at therequest of parties with matters pending in the Central District or other district.(b) Stanley Mosk Courthouse (Central) and District Court Family Law Departments. Thefollowing actions shall be heard in the Central District (Stanley Mosk Courthouse) and in any familylaw court in another district:(1) Actions filed, other than by the CSSD, by any party pursuant to the Family Codeto establish paternity (parentage) or an original order for child, spousal or family support;(2) Actions filed, other than by the CSSD, by any party pursuant to the Family Codewhich involve issues in addition to child, spousal or family support, such as custody, visitation,division or control of property and personal restraining order; and(3) All other actions not specified in subdivision (a) above, unless the CSSD files andserves a written request for transfer to the Central Civil West Courthouse at least fifteen days priorto the scheduled court date. The court before whom the action is pending shall rule on the requestfor transfer and, if granted, a new hearing date at Central Civil West Courthouse shall be set no laterthan fifteen days from the date of transfer.(c) Incorrect Filing: Transfer to Central Civil West. An action which should have been filedat Central Civil West, pursuant to subdivision (a), and which has been incorrectly filed in anothercourthouse, must be transferred by the clerk to Central Civil West upon discovery of the error orupon written request by letter or fax from the CSSD. The clerk shall serve notice of the transfer,specifying the reason and a new hearing date at Central Civil West no later than fifteen days fromthe date of the transfer, on all parties.(Rule 5.24 new and effective July 1, 2011)5.25 DECLARATION/STATEMENT OF PROVIDER OF SUPERVISED VISITATIONPursuant to Penal Code section 11166.5(d), all providers of supervised visitation who receivepayment for their services must complete and file a declaration/statement as provided on court FormH272. The provider must attach a copy of proof of attendance at a training program to the form.(Rule 5.25 new and effective July 1, 2011)5.26 COLLABORATIVE LAW CASES(a) Designation. A case may be designated a “Collaborative Law Case” if the parties havesigned a written Collaborative Law Agreement that provides for 1) a full exchange of information,2) the withdrawal of the party’s attorney (whether or not said attorney is of record) upon thetermination of the collaborative law process, and 3) the joint retention of any consultants needed toassist the parties in the collaborative law process, unless otherwise authorized by the writtenagreement of the parties. The words “Collaborative Law Case” shall be placed below the casenumber in the case caption on all documents filed. Attorneys representing parties to a CollaborativeLaw Case may be, but are not required to be, of record.(b) Contested Matters. As long as a case is designated a Collaborative Law Case, nocontested matters shall be filed. Collaborative Law Cases shall not be subject to Local Rule 5.12.A Collaborative Law Case filed in the Central District shall be assigned to Department 2 until itsdesignation as a Collaborative Law Case terminates.Page 144 of 217LOCAL RULES - Effective January 1, 2014
Page 1 and 2: SUPERIOR COURT OF CALIFORNIACOUNTY
Page 17: SUPERIOR COURT OF CALIFORNIACOUNTY

Chapter five family division rules - Superior Court of California ...

Create successful ePaper yourself

Delete template?

Save as template?