G. FAMILY LAW JUDICIAL SETTLEMENT PROGRAM
8 DEFAULT OR UNCONTESTED JUDGMENT
(1) All uncontested and default family law judgments shall be obtained by declaration through the Default Clerk except that a default hearing is required for nullity of marriage cases and cases where the Summons and Petition were served by publication or posting. Additionally, the Court may set a matter for default hearing or otherwise accept stipulated default Judgments at its discretion. Petitioner in default cases and at least one party in uncontested cases shall appear in person unless telephonic appearance is authorized by the All Purpose Judge prior to the hearing.
(Eff. 7/01/14)
(2) A Judgment Checklist for dissolution and legal separation cases (Form FL-182) or Family Law Parentage Judgment Checklist for parentage cases (Attachment FM-1053) may be completed and filed with any proposed default or uncontested judgment.
(Eff. 7/01/14)
RULE 8 – con’t SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA
FAMILY RULES
(3) Default will not be entered if Respondent’s address as stated on Petitioner’s Request to Enter Default (Form No. FL-165) is the same as Petitioner’s address, unless Petitioner also files a declaration stating under oath that Petitioner and Respondent live at the same address.
(Eff.7/01/14)
B. CHILD CUSTODY AND VISITATION
(1) To obtain custody and visitation orders by default in a family law judgment, at least one of the following conditions must exist:
(Eff. 7/01/14)
a. The proposed orders are based on the Child Custody and Visitation Application (Form FL-311) that was attached to and filed with the Petition;
(Eff. 7/01/14)
b. There are existing custody and visitation orders; or
(Eff. 7/01/14)
c. A settlement agreement or stipulation is being filed with the proposed family law judgment
(Eff. 7/01/14)
If none of these conditions apply, Petitioner shall file and serve, by personal delivery, a declaration in support of the proposed orders at least 15 calendar days before the Judgment is submitted. Petitioner may use the Declaration for Default Custody and Visitation Orders form (Attachment FM-1025).
(Eff. 7/01/14)
RULE 9 COUNSEL FOR MINOR CHILDREN
(Eff. 7/1/09)
A. PANEL OF COUNSEL ELIGIBLE FOR APPOINTMENT
(Eff. 7/1/09)
The Family Law Division has elected, pursuant to CRC 5.240(d), to create and maintain a panel of counsel meeting the minimum qualifications set forth in the Cal. Rules, whom the Court may consider for appointment as counsel for minor children in family law proceedings. Attorneys wishing to be included on the Court’s panel must submit Judicial Council form FL-322 and an Initial Application (attached form FM-1081) to the Supervising Judge. Attorneys selected for the panel who are serving as counsel for minors or who wish to remain on the panel for future appointments must submit to the Supervising Judge an updated Judicial Council form FL-322 and a Renewal Application/Eligibility Declaration (attached form FM-1082) each year no later than December 31.
(Eff. 1/01/13)
B. COMPLAINT PROCEDURE
(Eff. 7/1/09)
In a family law proceeding in which the Court has appointed counsel for minor children, any party or counsel or minor child may present a complaint about the performance of appointed counsel. The complaint must be in writing, filed and served on all counsel and self-represented parties, and a copy must be delivered to the courtroom clerk for the APJ. The APJ shall respond to the complaint, either by setting the matter for hearing or by issuing a written response.
(Eff. 7/01/09)
RULE 9 – con’t SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA
FAMILY RULES
C. APPLICATION FOR PAYMENT OF COMPENSATION
(1) Appointed counsel may apply for payment of fees and costs when counsel has billed a minimum of 10 hours or when representation has concluded.
Appointed counsel shall promptly apply for payment when costs and fees at the applicable billing rate reach $4,000. Application for payment shall be consistent with any Court determinations under CRC 5.241 and shall be
made ex parte, using local form Application for Payment of Fees and Costs of Children’s Counsel (attached form FM-1067), and following the
procedures set out in that form.
(2) Any response by a party to appointed counsel’s application for payment shall use the local form Response to Application for Payment of Fees and Costs by Children’s Counsel (attached form FM-1068), following the procedures set out in that form.
(Eff. 1/01/09)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA
FAMILY RULES APPENDIX
DISCRETIONARY POLICY STATEMENTS FAMILY LAW DIVISION
These policies are not Local Rules and do not have the force of law, and they do not replace judicial discretion.
These policies are published to provide parties and counsel an understanding of decisions the Court is likely to make in specific factual situations commonly found in family law litigation, but not covered by case law or statute.
These policies are general statements describing how the Court will usually deal with the specific issues set forth below. The intent of the Court in adopting these statements is to encourage and assist parties and counsel to resolve disputes.
These policies will apply to temporary and permanent orders, in the Court’s discretion. They will not apply to a given case when contrary to law or when the application results in undue hardship.
A. SPOUSAL OR PARTNER SUPPORT (1) Determination of Income
The incomes of the payor and the payee will generally be determined in the same manner as set forth in the applicable provisions of current statutory child support law, with due consideration of applicable spousal or partner support statutes.
(2) Standard of Living During Marriage or Domestic Partnership
In determining the standard of living during marriage or domestic partnership, as provided in current statutory and case law regarding the standard of living, the Court will usually base its findings on the combined gross incomes of the parties at the time of separation.
(3) Application of Local Spousal or Partner Support Formula
The Court will use the local spousal or partner support formula at temporary spousal or partner support hearings except in the following circumstances:
a. The application would be inequitable; or
b. The demonstrated need for the requested support is below the formula amount.
In the interest of avoiding unnecessary litigation on this issue, the Expense Declaration of the payee will not be viewed as determining or fixing need, but as indicating the level of expenditure under the existing circumstances.
(Eff. 1/01/05)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA
FAMILY RULES
B. PARENT/CHILD TIME SHARING PERCENTAGES
The Parent/Child Time Sharing Percentages listed below may be used in calculating guideline child support in addition to similar charts which are part of the Judicial Council approved child support software. The appropriate percentage for the time share with the children is a question of fact for the Court.
(Eff. 1/01/05)
(1) Time Sharing Arrangements Days %
a. 1 weekend per mo. 24 7
b. 1 extended weekend per mo. 36 10
c. 2 weekends/mo 48 13
d. 1 weekend/mo + 1 evening/wk 50 14
e. Alternate weekends 52 14
f. Alternate weekends + 2 wks summer 67 18
g. Alternate weekends & ½ holidays + 2 wks summer 69 19 (If CP has 2 wks over summer too, then) 67 18
h. Two extended weekends/month 72 20
i. Alternate weekends + 1 evening/wk 78 21
j. Alternate weekends + 1 overnight/wk 104 28
k. Alternate extended weekends 78 21
l. Alternate weekends & ½ holidays + 4 wks summer, (with alternating weekends continuing in summer,
and makeup if weekends lost due to the 4 weeks) 77 21 m. Alternate weekends & ½ holidays + 4 weeks summer
(with no alternating weekends all summer) 75 21 n. Alternate weekends & ½ holidays + ½ summer
(with or without alternate weekends in summer) 82 22 o. Alternate extended weekends + 1 evening/wk 104 28 p. Alternate extended weekends + 1 overnight/wk 130 36 q. Alternate weekends & ½ holidays, 1 evening/wk,
+ 4 wks summer (with alternating weekends continuing in summer, and makeup if weekends
lost due to the 4 weeks) 103 28
SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA
FAMILY RULES
Time Sharing Arrangements Days % r. Alternate weekends and 1 evening/wk when
school is in session, + ½ school vacations 104 28
s. Three days/wk 156 43
t. First, third, and fifth weekends 56 15
u. First, third, fifth, extended weekends 84 23 v. First, third, and alternate fifth weekends 52 14 w. First, third, alternate fifth extended weekends 78 21
(Eff. 1/01/04)
(2) Definitions
a. Weekend - 6 p.m. Friday – 6 p.m. Sunday (2 days) b. Extended Weekend - School closing Fri. – school opening Mon.
(3 nights, 2 days)
c. 1st & 2nd; or 2nd & 4th
Weekends - Same as Two Weekends per month d. 1st & 3rd, & alternating
5th Weekends - Same as Alternate Weekends
e. Afternoon - After school until evening without dinner (1/4 day)
f. Evening - After school – after dinner
(½ day; 1 eve./wk=26 days/year)
g. Overnight - School close mid-week – School opening next day (1 day)
(1 day; 1 overnight/week = 52 days/year)
h. Holidays - New Year’s, President’s Day, Easter, Memorial Day, Mother’s Day or Father’s
Day, July 4, Labor Day, Thanksgiving (2 days), Christmas, (½ holidays = 5 days/
year)
i. Summer - 10 weeks (70) days; some schools may vary, such as those using an all year calendar
j. School Vacations - Summer, 2 wks Christmas, 1 wk Spring, (13 wks/year; ½ vacations = 45.5 days/year, not counting subtraction of NCP’s ordinary alternate weekend and mid-week visits and
(Eff. 1/01/02) CP’s cross visits)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA
FAMILY RULES C. TRAVEL EXPENSES FOR VISITATION
Travel expenses the Court will usually consider in setting child support include, but are not limited to, air travel costs, bus or train travel costs, and automobile travel costs
outside the Greater Bay Area, or a comparable distance.
(Eff. 1/01/98)
FAMILY RULES
ATTACHMENTS
ATTACHMENT FM-1000 Domestic Violence Facsimile Transmission Cover Sheet ATTACHMENT FM-1010 Status or Case Resolution Conference Questionnaire ATTACHMENT FM-1012 Request for Trial
ATTACHMENT FM-1013 Declaration in Support of Ex Parte Application for Orders ATTACHMENT FM-1015 FCS Intake Form for Mediation
ATTACHMENT FM-1016 Judicial Custody Conference Statement ATTACHMENT FM-1021 Alternative Dispute Resolution Options
ATTACHMENT FM-1022 Application for Order for Publication or Posting of Summons ATTACHMENT FM-1023 Order for Publication or Posting of Summons
ATTACHMENT FM-1024 Verification of Service by Posting of Summons ATTACHMENT FM-1025 Declaration for Default Custody and Visitation Orders
(APPROVED FOR OPTIONAL USE)
ATTACHMENT FM-1036 Stipulation re: Protective Order for Family Court Services Records and Order Thereon
ATTACHMENT FM-1041 Request for Sheriff to Serve and Sheriff’s Fee Statement ATTACHMENT FM-1047 How to Safely Turn in Firearms and Ammunition
ATTACHMENT FM-1050 Family Law Notice – Dissolution/Legal Separation ATTACHMENT FM-1051 Declaration of Residence
ATTACHMENT FM-1052 Family Law Judgment Checklist Dissolution (Divorce), Legal Separation and Domestic Partnership
ATTACHMENT FM-1053 Family Law Parentage Judgment Checklist Petition to Establish Parental Relationship
ATTACHMENT FM-1056 Addendum to Judicial Council Form FL-327 – Family Court Services
ATTACHMENT FM-1057 Addendum to Judicial Council Form FL-327 – Private Evaluator
ATTACHMENT FM-1059 Request and Order to Change Status or Case Resolution Conference Date
ATTACHMENT FM-1061 Family Court Services Declaration of Mailing or Personal Service
ATTACHMENT FM-1067 Application for Payment of Attorney Fees and Costs of Children’s Counsel
ATTACHMENT FM-1068 Response to Children’s Counsel’s Application for Payment of Attorney Fees
ATTACHMENT FM-1078 Family Court Services Client Complaint Form
ATTACHMENT FM-1081 Initial Application for Appointment as Counsel for Minor Children in Family Court Cases
ATTACHMENT FM-1082 Annual Renewal Application/Eligibility Declaration for Appointment as Counsel for Minor Children in Family Court Cases
ATTACHMENT FM-1083 Stipulation and Order
ATTACHMENT FM-1102 Other Orders – Property Removal ATTACHMENT FM-1110 Expert Witness Fee Application
ATTACHMENT FM-1112 Stipulation for Court Commissioner to Act as Temporary Judge for All Purposes
ATTACHMENT FM-1119 Family Law Judicial Settlement Program Stipulation and Order
ATTACHMENT FM-1120 Seek and Work Order
ATTACHMENT FM-1123 Orders after Status Conference/Case Resolution Conference
ATTACHMENT FM-1124 Findings re Noncompliance with Order to Surrender Guns, or Firearms or Ammunition
ATTACHMENT FM-1124a Instructions for Protected Person if Restrained Person Has Guns, Firearms or Ammunition
ATTACHMENT FM-1127 Addendum to Judicial Council Form FL-327 Brief Focused Assessment
ATTACHMENT FM-1129 Non-Professional Supervised Visitation Provider
Declaration of Qualifications
ATTACHMENT FM-1000
FM-1000 REV 1/01/09 DOMESTIC VIOLENCE FACSIMILE TRANSMISSION COVER SHEET Page 1 of 1
(FAX FILING) AUTHORIZED FAX FILER
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
191 North First Street San Jose, CA 95113 Family Court
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
FOR COURT USE ONLY
DOMESTIC VIOLENCE FACSIMILE TRANSMISSION COVER SHEET
CASE NUMBER:
TO THE COURT:
Please find the following transmitted documents marked below:
Document Name Form No.
Request for Order (Domestic Violence Prevention) DV-100
Child Custody, Visitation, and Support Request (Domestic Violence Prevention) DV-105 Temporary Restraining Order and Notice of Hearing (CLETS-TRO) DV-110
Answer to Temporary Restraining Order DV-120
Reissue Temporary Restraining Order DV-125
Restraining Order After Hearing (CLETS-OAH) (Order of Protection) DV-130
Child Custody and Visitation Order DV-140
Proof of Service (In Person) (CLETS) DV-200
Confidential CLETS Information DV-260
Request to Renew Restraining Order DV-700
Notice of Hearing to Renew Restraining Order DV-710
Application for Waiver of Court Fees and Costs (In Forma Pauperis) FW-001 Order on Application for Waiver of Court Fees and Costs (In Forma Pauperis) FW-003 Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) FL-105
Financial Statement / Income and Expense Declaration FL-155/FL-150 Declaration in Support of Ex Parte Application for Orders FM-1013 Request for Sheriff to Serve and Sheriff’s Fee Statement FM-1041
Other:
CHECK HERE IF RESUBMITTING DOCUMENTS NUMBER OF PAGES ATTACHED:
ATTACHMENT FM-1010
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS) TELEPHONE NUMBER:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS:
MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San José, CA 95113 BRANCH NAME: Family Court
PETITIONER:
RESPONDENT:
OTHER PARENT/CLAIMANT:
FOR COURT USE ONLY
STATUS OR CASE RESOLUTION CONFERENCE QUESTIONNAIRE
Dissolution Nullity
Legal Separation Domestic Partnership
Parentage Other Family Law: ____________________
CASE NUMBER:
DEPARTMENT NUMBER:
DATE OF CONFERENCE:
This is for a (check all that apply):
Status Conference Case Resolution Conference
1. I am the Petitioner Respondent Attorney for Petitioner Attorney for Respondent Other 2. Respondent has has not been served.
3. Petitioner’s Preliminary Final Declaration of Disclosure has been served.
Respondent’s Preliminary Final Declaration of Disclosure has been served.
4. Check the issues on which you and the other party disagree or need orders:
Custody/Visitation Child Support Spousal Support Arrearages Property Valuation Property Valuation Date Property Division Property Characterization Separation date
Reimbursement Attorney’s Fees & Costs Other: ____________________________
5. Mediation and Alternate Dispute Resolution (ADR)- We are in mediation or alternate dispute resolution. A continuance of the Status or Case Resolution is requested in order to allow additional time to resolve this
matter.
6. Settlement: Have you and the other party and/or your attorneys met to discuss settlement? Yes No Agreements: Have any agreements been reached in your case? Yes No
7. Do you want a Settlement Officer Conference (SOC)? Yes No
8. Case Resolution Conference Request: This is a complex matter and a Case Resolution Conference is requested.
9. Trial/Hearing Setting: Is this matter ready to be set for trial or hearing? Yes No
How long will your trial or hearing take? (time estimate for both sides to be heard):___________hours / days
(circle one)
10. Number of Expert Witnesses:______ None Names:_________________________________________
ATTACHMENT FM-1010
_______________________________________________________________________________
STATUS AND CASE RESOLUTION CONFERENCE QUESTIONNAIRE
11 Is the Department of Child Support Services involved on the issue of child support? Yes No
If yes: Which county: _______________ CSE Number: __________ Court Case Number (if different from this case): ______________
Date:
Attorney for Petitioner Respondent Other
INSTRUCTIONS
1. You or your attorney may choose to complete this Status and Case Resolution Conference
Questionnaire. If you or the other party is requesting a trial, you or your attorney must complete this Status and Case Resolution Conference Questionnaire. If you are representing yourself, help is available at the Self Service Center and Family Law Facilitator’s Office located in the Notre Dame Courthouse, at 99 Notre Dame Avenue, San José, California. You may call (408) 882-2900 or visit our website at www.scselfservice.org for information about hours of operation and other important details.
2. If this form is being used, you must serve and file this form with the Court no later than 10 calendar days before the Status or Case Resolution Conference.
a. Serve a copy of this form by mail at least 10 calendar days before the Status or Case Resolution
Conference. Service by mail means that someone over the age of 18 who is not a party to the case mails a completed copy of this form to the other party, if self-represented, or to the other party’s attorney. The person serving the form must complete the Proof of Service by Mail below.
IMPORTANT: You cannot serve this form yourself!
b. File the original completed form at least 10 calendar days before the Status or Case Resolution
Conference. Self represented litigants and those attorneys appearing in person, should bring at least 2 filed copies of the completed form to the Status or Case Resolution Conference.
3. If you are representing yourself and do not have an attorney, you must appear in person or by telephone at the Status or Case Resolution Conference. If you appear in person, you may be able to obtain information concerning completing your case from the Self Help Center on the day of the Conference.
4. If you are being represented by an attorney, your attorney can appear in person or by telephone. Please consult with your attorney about the need for you to be present, in person or by telephone, at the Status or Case Resolution Conference.
5. To appear by telephone at the Status or Case Resolution Conference, the attorney or party appearing by telephone must contact CourtCall at (888) 88COURT 10 calendar days before the Status or Case Resolution Conference to arrange the telephonic appearance and pay the required fee.
PROOF OF SERVICE BY MAIL (C.C.P. 1013a)
I mailed a copy of the Status or Case Resolution Conference Questionnaire in a sealed envelope as follows:
a. Mailed from:(City) __________________________, (State)_________ b. On(date):____________________________
c. To (name and address of the person served): ___________________________________________________
________________________________________________________________________________________
Server’s Information:
Name:_____________________________________ Address:________________________________________________
City:____________________________State:_____________________Zip:_________________
(If you are a registered process server): County of Registration____________________
Registration No.:___________
I am over the age of 18 and not a party to this case. I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
______________
Date Server signs name here Server prints name here
ATTACHMENT FM-1012
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS) TELEPHONE NUMBER:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS: 170 Park Center Plaza MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San Jose, CA 95113 BRANCH NAME: Family
PETITIONER:
RESPONDENT:
OTHER PARENT/CLAIMANT:
FOR COURT USE ONLY
REQUEST FOR TRIAL
(Family Law) Dissolution Nullity
Legal Separation Other Family Law: ____________________
Parentage
CASE NUMBER:
DEPARTMENT NUMBER:
1. How long will your trial take (estimate)? hours / days (circle one)
2. Check the issues on which you and the other party disagree or need orders:
Child Support Spousal Support Arrearages
Property Characterization Property Valuation Property Valuation Date Property Division Reimbursement Date Of Separation Attorney’s Fees & Costs Other:
3 Discovery (getting information about/from the other party) that still needs to be done:
Has discovery been finished? Yes No Not required/requested in this case
If no, what discovery still needs to be done? Interrogatories Depositions Document Production How long do you think it will take both parties to finish discovery:
4 Mandatory Declarations of Disclosure (Dissolution, Legal Separation and Nullity cases only):
Petitioner has served Respondent with Preliminary Final Declarations of Disclosure Respondent has served Petitioner with Preliminary Final Declarations of Disclosure
If financial disclosures have not been exchanged/served, do you need a deadline? Yes No 5 Do you want a Trial on separate issues? Yes No If yes, what issues: _________________
________________________________________________________________________________________
6 Have you and the other party and/or your attorneys met to discuss settlement? Yes No Do you want a Settlement Officer Conference? Yes No
7 Is the Department of Child Support Services involved on the issue of child support? Yes No
If yes, which county?_____________ FSB Number: _________ Court case number (if different from this case):____________________
Date: _____________________________________________
Attorney for Petitioner Respondent Other NOTE: THIS FORM SHALL NOT BE USED FOR CUSTODY OR VISITATION ISSUES OR IN DOMESTIC VIOLENCE PREVENTION ACT CASES.
ATTACHMENT FM-1012
REQUEST FOR TRIAL (Family Law)
PROOF OF SERVICE BY MAIL (C.C.P. 1013a)
I mailed a copy of the Request for Trial in a sealed envelope as follows:
a. Mailed from:(City) __________________________, (State)_________
b. On(date):____________________________
c. To (name and address of the person served): ___________________________________________________
________________________________________________________________________________________
Server’s Information:
Name:_________________________________________________________________________
Address:_______________________________________________________________________
City:____________________________State:_____________________Zip:_________________
(If you are a registered process server):
County of Registration_______________________ Registration Number:_________________________
I am over the age of 18 and not a party to this case. I declare under penalty of perjury under the laws of the State of
I am over the age of 18 and not a party to this case. I declare under penalty of perjury under the laws of the State of