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Title 5. Family and Juvenile Rules Rule 5.1. Title Rule 5.1. Title The rules in this title may be referred to as the Family and Juvenile Rules. Rule 5.1 adopted effective January 1, 2007. Division 1. Family Rules Chapter 1. General Provisions Article 1. General Provisions Title 5, Family and Juvenile Rules—Division 1, Family Rules—Chapter 1, General Provisions— Article 1, General Provisions; adopted January 1, 2013. Rule 5.2. Division title; definitions; application of rules and laws Rule 5.4. Preemption; local rules and forms Rule 5.2. Division title; definitions; application of rules and laws (a) Division title The rules in this division may be referred to as the Family Rules. (b) Definitions and use of terms As used in this division, unless the context or subject matter otherwise requires, the following definitions apply: (1) “Family Code” means that code enacted by chapter 162 of the Statutes of 1992 and any subsequent amendments to that code. (2) “Action” is also known as a lawsuit, a case, or a demand brought in a court of law to defend or enforce a right, prevent or remedy a harm, or punish a crime. It includes all the proceedings in which a party requests orders that are available in the lawsuit.
(3) “Proceeding” is a court hearing in an action under the Family Code, including a hearing that relates to the dissolution or nullity of a marriage or domestic partnership, legal separation, custody and support of minor children, a parent and child relationship, adoptions, local child support agency actions under the Family Code, contempt proceedings relating to family law or local child support agency matters, and any action filed under the Domestic Violence Prevention Act, Uniform Parentage Act, Uniform Child Custody Jurisdiction and Enforcement Act, Indian Child Welfare Act, or Uniform Interstate Family Support Act. (4) “Dissolution” is the legal term used for “divorce.” “Divorce” commonly refers to a marriage that is legally ended. (5) “Attorney” means a member of the State Bar of California. “Counsel” means an attorney. (6) “Party” is a person appearing in an action. Parties include both self- represented persons and persons represented by an attorney of record. Any designation of a party encompasses the party’s attorney of record, including “party,” “petitioner,” “plaintiff,” “People of the State of California,” “applicant,” “defendant,” “respondent,” “other parent,” “other parent/party,” “protected person,” and “restrained person.” (7) “Best interest of the child” is described in Family Code section 3011. (8) “Parenting time,” “visitation,” and “visitation (parenting time)” refer to how parents share time with their children. (9) “Property” includes assets and obligations. (10) “Local rule” means every rule, regulation, order, policy, form, or standard of general application adopted by a court to govern practice and procedure in that court. (11) “Reschedule the hearing” means the same as “continue the hearing” under the Family Code and refers to moving a hearing to another date and time. (Subd (b) amended effective July 1, 2020.)
Advisory Committee Comment The Family and Juvenile Law Advisory Committee agrees with the Elkins Family Law Task Force: Final Report and Recommendations (final report) regarding local rules of court (see final report at pages 31–32). The final report is available at www.courts.ca.gov/elkins-finalreport.pdf. The advisory committee encourages local courts to continue piloting innovative family law programs and practices using local rules that are consistent with California law and the California Rules of Court. Courts must not adopt local rules that create barriers for self-represented litigants or parties represented by counsel in getting their day in court. Further, courts should not adopt general rules for a courtroom as they pose substantial barriers to a party’s access to justice. Article 2: Use of Forms Title 5, Family and Juvenile Rules—Division 1, Family Rules—Chapter 1, General Provisions— Article 2, Use of Forms; adopted January 1, 2013. Rule 5.7. Use of forms Rule 5.7. Use of forms (a) Status of family law and domestic violence forms All forms adopted or approved by the Judicial Council for use in any proceeding under the Family Code, including any form in the FL, ADOPT, DV, and EJ series, are adopted as rules of court under the authority of Family Code section 211; article VI, section 6 of the California Constitution; and other applicable law. (b) Forms in nonfamily law proceedings The forms specified by this division may be used, at the option of the party, in any proceeding involving a financial obligation growing out of the relationship of parent and child or husband and wife or domestic partners, to the extent they are appropriate to that proceeding. (c) Interstate forms Notwithstanding any other provision of these rules, all Uniform Interstate Family Support Act forms approved by either the National Conference of Commissioners
on Uniform State Laws or the U.S. Department of Health and Human Services are adopted for use in family law and other support actions in California. Rule 5.7 adopted effective January 1, 2013. Article 3. Appearance by Telephone Title 5, Family and Juvenile Rules—Division 1, Family Rules—Chapter 1, General Provisions— Article 3, Appearance by Telephone; adopted January 1, 2013. Rule 5.9. Appearance by telephone Rule 5.9. Appearance by telephone (a) Application Subdivisions (b) through (d) of this rule are suspended from January 1, 2022, to July 1, 2023. During that time, the provisions in rule 3.672 apply in their place This rule applies to all family law cases, except for actions for child support involving a local child support agency and cases governed by the Indian Child Welfare Act. Rule 5.324 governs telephone appearances in governmental child support cases. Rule 5.482(g) governs telephone appearances in cases governed by the Indian Child Welfare Act. (Subd (a) amended effective January 1, 2022; previously amended effective January 1, 2021.) (b) Telephone appearance The court may permit a party to appear by telephone at a hearing, conference, or proceeding if the court determines that a telephone appearance is appropriate. (c) Need for personal appearance (1) At its discretion, the court may require a party to appear in person at a hearing, conference, or proceeding if the court determines that a personal appearance would materially assist in the determination of the proceedings or in the effective management or resolution of the particular case. (2) If, at any time during a hearing, conference, or proceeding conducted by telephone, the court determines that a personal appearance is necessary, the court may continue the matter and require a personal appearance.
(3) Separate statement requirements (rule 3.1345); (4) Service of motion papers on nonparty deponent (rule 3.1346); and (5) Sanctions for failure to provide discovery (rule 3.1348). (Subd (c) amended and relettered effective July 1, 2016; adopted as subd (b).) Rule 5.12 amended effective July 1, 2016; adopted effective January 1, 2013. Article 5: Sanctions Title 5, Family and Juvenile Rules—Division 1, Family Rules—Chapter 1, General Provisions— Article 5, Sanctions; adopted January 1, 2013. Rule 5.14. Sanctions for violations of rules of court in family law cases Rule 5.14. Sanctions for violations of rules of court in family law cases (a) Application This sanctions rule applies to any action or proceeding brought under the Family Code. (b) Definition For purposes of the rules in this division: (1) “Sanctions” means a monetary fine or penalty ordered by the court. (2) “Person” means a party, a party’s attorney, a law firm, a witness, or any other individual or entity whose consent is necessary for the disposition of the case. (c) Sanctions imposed on a person In addition to any other sanctions permitted by law, the court may order a person, after written notice and an opportunity to be heard, to pay reasonable monetary sanctions to the court or to an aggrieved person, or both, for failure without good cause to comply with the applicable rules. The sanction must not put an unreasonable financial burden on the person ordered to pay.
(d) Notice and procedure Sanctions must not be imposed under this rule except on a request for order by the person seeking sanctions or on the court’s own motion after the court has provided notice and an opportunity to be heard. (1) A party’s request for sanctions must: (A) State the applicable rule of court that has been violated; (B) Describe the specific conduct that is alleged to have violated the rule; and (C) Identify the party, attorney, law firm, witness, or other person against whom sanctions are sought. (2) The court on its own motion may issue an order to show cause that must: (A) State the applicable rule of court that has been violated; (B) Describe the specific conduct that appears to have violated the rule; and (C) Direct the attorney, law firm, party, witness, or other person to show cause why sanctions should not be imposed for violation of the rule. (e) Award of expenses In addition to the sanctions awardable under this rule, the court may order the person who has violated an applicable rule of court to pay to the party aggrieved by the violation that party’s reasonable expenses, including reasonable attorney’s fees and costs, incurred in connection with the motion or request for order for sanctions. (f) Order A court order awarding sanctions must be in writing and must recite in detail the conduct or circumstances justifying the order. Rule 5.14 adopted effective January 1, 2013. Chapter 2. Parties and Joinder of Parties Title 5, Family and Juvenile Rules—Division 1, Family Rules—Chapter 2, Parties and Joinder of Parties; adopted January 1, 2 01 3.
(5) The only persons permitted to be parties to a family law proceeding to establish parentage are the presumed or putative parents of the minor child, the minor child, a third party who is joined in the case under rule 5.24, or a local child support agency that intervenes in the case. Rule 5.16 adopted effective January 1, 2013. Rule 5.17. Other causes of action A party in a family law proceeding may only ask that the court make orders against or involving the other party, or any other person, that are available to the party in these rules, Family Code sections 17400, 17402, and 17404, or other sections of the California Family Code. Rule 5.17 adopted effective January 1, 2013. Rule 5.18. Injunctive relief and reservation of jurisdiction (a) Injunctive relief When a party in a family law case applies for a court order under rule 5.92, the court may grant injunctive or other relief against or for the following persons to protect the rights of either or both parties: (1) A person who has or claims an interest in the case; (2) A person who would be a necessary party to a complete disposition of the issues in the case, but is not permitted to be a party under rule 5.16; or (3) A person who is acting as a trustee, agent, custodian, or similar fiduciary with respect to any property subject to disposition by the court in the proceeding, or other matter subject to the jurisdiction of the court in the proceeding. (b) Reservation of jurisdiction If the court is unable to resolve the issue in the proceeding under the Family Code, the court may reserve jurisdiction over the particular issue until such time as the rights of such person and the parties to the proceeding under the Family Code have been determined in a separate action or proceeding. Rule 5.18 adopted effective January 1, 2013.
Article 2. Joinder of Parties Title 5, Family and Juvenile Rules—Division 1, Family Rules—Chapter 2, Parties and Joinder of Parties—Article 2, Joinder of Parties; adopted January 1, 2013. Rule 5.24. Joinder of persons claiming interest Rule 5.24. Joinder of persons claiming interest A person who claims or controls an interest in any matter subject to disposition in the proceeding may be joined as a party to the family law case only as provided in this chapter. (a) Applicable rules (1) All provisions of law relating to joinder of parties in civil actions generally apply to the joinder of a person as a party to a family law case, except as otherwise provided in this chapter. (2) The law applicable to civil actions generally governs all pleadings, motions, and other matters pertaining to that portion of the proceeding as to which a claimant has been joined as a party to the proceeding in the same manner as if a separate action or proceeding not subject to these rules had been filed, except as otherwise provided in this chapter or by the court in which the proceeding is pending. (b) “Claimant” defined For purposes of this rule, a “claimant” is an individual or an entity joined or sought or seeking to be joined as a party to the family law proceeding. (c) Persons who may seek joinder (1) The petitioner or the respondent may apply to the court for an order joining a person as a party to the case who has or claims custody or physical control of any of the minor children subject to the action, or visitation rights with respect to such children, or who has in his or her possession or control or claims to own any property subject to the jurisdiction of the court in the proceeding. (2) A person who has or claims custody or physical control of any of the minor children subject to the action, or visitation rights with respect to such children, may apply to the court for an order joining himself or herself as a party to the proceeding.
In deciding whether it is appropriate to determine the particular issue in the proceeding, the court must consider its effect upon the proceeding, including: (A) Whether resolving that issue will unduly delay the disposition of the proceeding; (B) Whether other parties would need to be joined to make an effective judgment between the parties; (C) Whether resolving that issue will confuse other issues in the proceeding; and (D) Whether the joinder of a party to determine the particular issue will complicate, delay, or otherwise interfere with the effective disposition of the proceeding. (3) Procedure upon joinder If the court orders that a person be joined as a party to the proceeding under this rule, the court must direct that a summons be issued on Summons (Joinder) (form FL-375) and that the claimant be served with a copy of Notice of Motion and Declaration for Joinder (form FL-371), the pleading attached thereto, the order of joinder, and the summons. The claimant has 30 days after service to file an appropriate response. (Subd (e) amended effective January 1, 2017.) Rule 5.24 amended effective January 1, 2017; adopted effective January 1, 2013. Article 3. Employee Pension Benefit Plan Title 5, Family and Juvenile Rules—Division 1, Family Rules—Chapter 2, Parties and Joinder of Parties—Article 3, Employee Pension Benefit Plan; adopted January 1, 2013. Rule 5.29. Joinder of employee pension benefit plan Rule 5.29. Joinder of employee pension benefit plan (a) Request for joinder Every request for joinder of employee pension benefit plan and order and every pleading on joinder must be submitted on Request for Joinder of Employee Benefit
Plan and Order (form FL-372) and Pleading on Joinder—Employee Benefit Plan (form FL-370). (b) Summons Every summons issued on the joinder of employee pension benefit plan must be on Summons (Joinder) (form FL-375). (c) Notice of Appearance Every notice of appearance of employee pension benefit plan and responsive pleading filed under Family Code section 2063(b) must be given on Notice of Appearance and Response of Employee Benefit Plan (form FL-374). Rule 5.29 adopted effective January 1, 2013. Chapter 3. Filing Fees and Fee Waivers Title 5, Family and Juvenile Rules—Division 1, Family Rules—Chapter 3, Filing Fees and Fee Waivers; adopted January 1, 2013. Article 1. Filing Fees and Fee Waivers Title 5, Family and Juvenile Rules—Division 1, Family Rules—Chapter 3, Filing Fees and Fee Waivers—Article 1, Filing Fees and Fee Waivers; adopted January 1, 2013. Rule 5.40. Filing fees Rule 5.41. Waiver of fees and costs Rule 5.40. Filing fees (a) Filing fees Parties must pay filing fees to the clerk of the court at the time the parties file papers with the court. (b) Authority The amount of money required to pay filing fees in family court is established by the Uniform Civil Fees and Standard Fee Schedule Act of 2005 under Government Code section 70670 et seq. and is subject to change. The act covers fees the court may charge parties to file the first papers in a family law proceeding, motions, or other papers requiring a hearing. It also covers filing fees that courts may charge in
(4) The time required for the court to grant a fee waiver (rule 3.53); (5) The confidentiality of fee waiver applications and hearings (rule 3.54); (6) Court fees and costs included in an initial fee waiver (rule 3.55); and (7) Additional court fees and costs that may be included in the fee waiver (rule 3.56). Rule 5.41 adopted effective January 1, 2013. Article 2. Special Procedures Title 5, Family and Juvenile Rules—Division 1, Family Rules—Chapter 3, Filing Fees and Fee Waivers—Article 2, Special Procedures; adopted January 1, 2013. Rule 5.43. Fee waiver denials; voided actions; dismissal Rule 5.45. Repayment of waived court fees and costs in family law support actions Rule 5.46. Waiver of fees and costs—Supreme Court or Court of Appeal Rule 5.43. Fee waiver denials; voided actions; dismissal (a) Voided paperwork The clerk of the court must void the papers that were filed with a petitioner’s or respondent’s fee waiver application if 10 days pass after notice of the fee waiver denial and petitioner or respondent has not: (1) Paid the fees owed; (2) Submitted a new Request to Waive Court Fees (form FW-001) if the fee waiver was denied because the first form was incomplete; or (3) Requested a hearing using Request for Hearing About Court Fee Waiver Order (Superior Court) (form FW-006). (b) Effect of voided petition or complaint; dismissal or continuation of case (1) No response or notice of appearance filed If a petition or complaint is voided under (a) and a response to the petition or complaint has not been filed, or respondent has not appeared in the action, the court may dismiss the case without prejudice. If the court dismisses the case, the clerk of the court must notify the parties.
(2) Response or notice of appearance filed; case continuation or dismissal If a petition or complaint is voided and a response has been filed with the court, or respondent has appeared in the action, the court must: (A) Review the response, or documents constituting respondent’s appearance, to determine whether or how the case will proceed based on the relief requested; (B) Notify the parties of the court’s determination; and (C) Refund filing fees paid by the respondent if the court dismisses the case. Rule 5.43 adopted effective January 1, 2013. Rule 5.45. Repayment of waived court fees and costs in family law support actions (a) Determination of repayment required When a judgment or support order is entered in a family law case, the court may order either party to pay all or part of the fees and costs that the court waived under Government Code section 68637. The court must consider and determine the repayment of waived fees as required by Government Code section 68637(d) and (e). The rule does not apply to actions initiated by a local child support agency. (b) Required forms (1) An order determining repayment of waived initial fees must be made on Order to Pay Waived Court Fees and Costs (Superior Court) (form FL-336). An order for payment of waived court fees must be accompanied by a blank Application to Set Aside Order to Pay Waived Court Fees—Attachment (form FL-337). (2) An order granting or denying a request to set aside an order to pay waived court fees and costs must be made on Order After Hearing on Motion to Set Aside Order to Pay Waived Court Fees (Superior Court) (form FL-338). Rule 5.45 adopted effective January 1, 2013. Rule 5.46. Waiver of fees and costs—Supreme Court or Court of Appeal
(1) The clerk of the court must: (A) Issue a Summons (Family Law) (form FL-110) for divorces, legal separations, or annulment cases involving married persons or domestic partnerships; (B) Issue a Summons (Uniform Parentage—Petition for Custody and Support) (form FL-210) for parentage or custody and support cases; (C) Issue a Summons (UIFSA) (form FL-510) when a party seeks to establish or enforce child support orders from other states; and (D) Process a Summons and Complaint or Supplemental Complaint Regarding Parental Obligations (form FL-600) as specified in rule 5.325. (2) The clerk of the court must not give the original summons to the petitioner, but must maintain it in the court file, except for support cases initiated by a local child support agency. (b) Automatic temporary family law restraining order in summons; handling by clerk Under Family Code section 233, in proceedings for dissolution, legal separation, or nullity of a marriage or domestic partnership and in parentage proceedings, the clerk of the court must issue a summons that includes automatic temporary (standard) restraining orders. (1) The summons and standard restraining orders must be issued and filed in the same manner as a summons in a civil action and must be served and enforced in the manner prescribed for any other restraining order. (2) If service is by publication, the publication need not include the standard restraining orders. (Subd (b) amended effective January 1, 2016.) (c) Individual restraining order (1) On application of a party and as provided in the Family Code, a court may issue any individual restraining order that appears to be reasonable or necessary, including those automatic temporary restraining orders in (b) included in the family law summons under Family Code section 233.
(2) Individual restraining orders supersede the standard family law restraining orders in the Family Law and Uniform Parentage Act summonses. (Subd (b) amended effective January 1, 2016.) Rule 5.50 amended effective January 1, 2016; adopted effective January 1, 2013. Rule 5.52. Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (a) Filing requirements; application (1) Petitioner and respondent must each complete, serve, and file a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105/GC-120) if there are children of their relationship under the age of 18 years. (2) The form is a required attachment to the petition and response in actions for divorce, to establish parentage, or actions for custody and support of minor children. (b) Duty to update information In any action or proceeding involving custody of a minor child, a party has a continuing duty to inform the court if he or she obtains further information about a custody proceeding in a California court or any other court concerning a child who is named in the petition, complaint, or response. To comply with this duty, a party must file an updated UCCJEA form with the court and have it served on the other party. Rule 5.52 adopted effective January 1, 2013. Article 2. Initial Pleadings Title 5 , Family and Juvenile Rules—Division 1, Family Rules—Chapter 4, Starting and Responding to a Family Law Case; Service of Papers—Article 2, Initial Pleadings; adopted January 1, 2013. Rule 5.60. Petition or complaint; alternative relief Rule 5.62. Appearance by respondent Rule 5.63. Request for order to quash proceeding or responsive relief
