Docstoc

Family

Document Sample
Family Powered By Docstoc
					                           SUPERIOR COURT FOR THE STATE OF CALIFORNIA
                                     COUNTY OF SANTA CLARA
                                                               FAMILY RULES

1   GENERAL INFORMATION......................................................................................................... 1
    A.  SCOPE ................................................................................................................................. 1
    B.  SANCTIONS......................................................................................................................... 1
    C.  COURTHOUSES ................................................................................................................. 1
    D.  CASE ASSIGNMENT ..........................................................................................................1
    E.  FILINGS............................................................................................................................... 2
    F.  ABBREVIATIONS............................................................................................................... 3
    G.  SERVICE OF ALTERNATE DISPUTE RESOLUTION ....................................................3
    H.  FILING REQUIREMENTS ..................................................................................................3
    I.  PREPARATION OF ORDERS.............................................................................................4
    J.  SERVICE OF SUMMONS BY PUBLICATION OR POSTING ........................................4
    K.  DEFINITION OF SOUTH BAY COUNTIES......................................................................5
    L.  ONE SETTING PER CALENDAR CALL AND CONFLICTS .......................................... 5
    M.  MEET AND CONFER REQUIREMENTS..........................................................................5

2   CUSTODY AND VISITATION..................................................................................................... 6
    A.  PARENT ORIENTATION ...................................................................................................6
    B.  MEDIATION ........................................................................................................................ 6
    C.  CONTESTED CASES ..........................................................................................................7
        1.   RETURN TO MEDIATION AFTER OBJECTIONS ..............................................7
        2.   JUDICIAL CUSTODY CONFERENCE ..................................................................8
        3.   CUSTODY EVALUATIONS .................................................................................. 9
        4.   RECOMMENDED ORDERS AND OBJECTIONS ..............................................10
        5.   CUSTODY SETTLEMENT CONFERENCE ........................................................11
        6.   EMERGENCY SCREENINGS............................................................................... 11
        7.   MODIFICATION OF JUVENILE COURT EXIT ORDERS ................................ 13
    D.  SPECIAL ISSUES............................................................................................................... 13
        1.   FCS PERSONNEL..................................................................................................13
        2.   CHILDREN IN THE COURTHOUSE. ..................................................................14
        3.   TESTIMONY OF CHILDREN .............................................................................. 14
        4.   PRODUCTION OF FCS RECORDS/PROTECTIVE ORDER.............................. 14
        5.   DOCUMENTS PROVIDED TO EVALUATOR OR SCREENER .......................15
        6.   DOMESTIC VIOLENCE TRAINING. ..................................................................15
        7.   TIME LIMITS ......................................................................................................... 15

3   CHILD, SPOUSAL AND PARTNER SUPPORT ...................................................................... 15
    A.         INITIAL SUPPORT MOTIONS.........................................................................................15
    B.         COMPUTER SUPPORT PRINTOUTS..............................................................................16
    C.         TEMPORARY SPOUSAL OR PARTNER SUPPORT FORMULA.................................16
    D           INCOME AND EXPENSE DECLARATION/FINANCIAL STATEMENT (SIMPLIFIED)
    ......................................................................................................................................................... 16
    E.         TAX RETURNS.................................................................................................................. 16

4   ATTORNEY’S FEES AND COSTS ............................................................................................ 17
    A.  FEE REQUESTS................................................................................................................. 17
    B.  FEE DECLARATIONS ......................................................................................................17
                         SUPERIOR COURT FOR THE STATE OF CALIFORNIA
                                   COUNTY OF SANTA CLARA
                                                        FAMILY RULES
5   LAW AND MOTION.................................................................................................................... 18
    A.   EX PARTE APPLICATIONS AND ORDERS ..................................................................18
         1.   ORDERS SHORTENING TIME. ............................................................................18
         2.   SUBMISSION OF EX PARTE APPLICATIONS ..................................................18
         3.   NOTICE OF APPLICATION .................................................................................. 18
         4.   OPPOSITION TO EX PARTE APPLICATION ..................................................... 19
         5.   ONLINE STATUS OF EX PARTE APPLICATIONS............................................19
    B.   SPECIAL PROCEDURES FOR CLETS RESTRAINING ORDERS ...............................19
         1.   EXISTING CRIMINAL PROTECTIVE ORDERS.................................................20
         2.   MODIFICATION OF CRIMINAL PROTECTIVE ORDERS................................ 20
    C.   FAX FILING IN DOMESTIC VIOLENCE CASES..........................................................21
         1.   DEFINITIONS ......................................................................................................... 21
         2.   DIRECT FILING...................................................................................................... 21
         3.   SIGNATURES ......................................................................................................... 22
         4.   SERVICE PROVIDERS .......................................................................................... 22
    D.  STIPULATIONS ................................................................................................................. 22
    E.   PROOF OF SERVICE ........................................................................................................22
    F.   TIME LIMITS AND COUNTER-MOTIONS....................................................................23
    G.   CONTINUANCES .............................................................................................................. 23
         1.    FIRST CONTINUANCE ........................................................................................23
        2.     ADDITIONAL CONTINUANCES ........................................................................23
    H.   LONG CAUSE HEARINGS...............................................................................................23
    I.  MATTERS TAKEN OFF CALENDAR OR RESOLVED BEFORE HEARING .............24
    J.  DOCUMENTS .................................................................................................................... 24
    K.   TIME ESTIMATES ............................................................................................................ 24
    L.   CONTEMPT........................................................................................................................ 24
         1.    APPOINTMENT OF COUNSEL ...........................................................................24
         2.    ORDERS ................................................................................................................. 25
    M.  TENTATIVE RULINGS IN FAMILY LAW AND MOTION MATTERS.......................25
6   CASE MANAGEMENT, CASE STATUS CONFERENCE (STATUS CONFERENCE),
    SETTLEMENT, FAMILY CENTERED CASE RESOLUTION (CRC), LONG CAUSE
    HEARINGS AND TRIALS .......................................................................................................... 25
    A.   PURPOSE .......................................................................................................................... 25
    B.   CASE STATUS CONFERENCE (STATUS CONFERENCE)..................................... 25
         1.  CALENDAR ............................................................................................................25
         2.  ORDERS AT STATUS CONFERENCE.................................................................26
         3.  ATTENDANCE ....................................................................................................... 27
    C.   SETTLEMENT OFFICER CONFERENCE (SOC) AND CASE STATUS
         CONFERENCE ................................................................................................................. 28
         1.  PURPOSE................................................................................................................. 28
         2.  CALENDAR ............................................................................................................29
         3.  PROCEDURES ........................................................................................................ 29
    D.        REQUEST FOR TRIAL................................................................................................... 29
                                SUPERIOR COURT FOR THE STATE OF CALIFORNIA
                                          COUNTY OF SANTA CLARA
                                                                 FAMILY RULES
          E.         FAMILY CENTERED CASE RESOLUTION CONFERENCE (CRC) ..................... 29
                     1.   CALENDAR ...........................................................................................................29
                     2.   FAMILY CASE CENTERED CASE RESOLUTION PLAN (FCCRP) ORDERS AT
                          CRC ......................................................................................................................... 30
                     3.   ATTENDANCE ...................................................................................................... 30
                     4.   STATUS OR CASE RESOLUTION CONFERENCE QUESTIONNAIRE..........31
          F.         MANDATORY SETTLEMENT CONFERENCE (MSC) ............................................ 31
                     1.  CALENDAR ............................................................................................................ 31
                     2.  MANDATORY ATTENDANCE ............................................................................31
                     3.  SETTLEMENT CONFERENCE STATEMENT ....................................................32
          G.         FAMILY LAW JUDICIAL SETTLEMENT PROGRAM ........................................... 32
                     1.  ELIGIBILITY/CRITERIA FOR PARTICIPATION ...............................................32
                     2.  PROCEDURE ..........................................................................................................32
                     3.  TIMELINE ............................................................................................................... 33
                     4.  PERSONS ATTENDING/STATEMENTS ............................................................. 33
                     5.  SETTLEMENT CONFERENCE .............................................................................34
                     6.  FURTHER COURT PROCEEDINGS.....................................................................34
7         DUTIES OF THE FAMILY LAW FACILITATOR ................................................................. 34
8         DEFAULT OR UNCONTESTED JUDGMENT........................................................................ 35
          A.  GENERAL POLICY ...........................................................................................................35
          B.  JUDGMENT BY DEFAULT..............................................................................................35
          C.  REQUIRED DOCUMENTS ............................................................................................. 35
          D.  CHILD CUSTODY AND VISITATION............................................................................36
          E.  CHILD SUPPORT .............................................................................................................. 36
          F.  REAL PROPERTY .............................................................................................................37
          G.  RESTORATION OF NAME .............................................................................................. 37
9         COUNSEL FOR MINOR CHILDREN....................................................................................... 37
          A.  PANEL OF COUNSEL ELIGIBLE FOR APPOINTMENT..............................................37
          B.  COMPLAINT PROCEDURE .............................................................................................37
          C.  APPLICATION FOR PAYMENT FOR COMPENSATION............................................. 37
APPENDIX ............................................................................................................................................. 39
DISCRETIONARY POLICY STATEMENTS ...................................................................................... 39
     A.   SPOUSAL OR PARTNER SUPPORT ...............................................................................39
     B.   PARENT/CHILD TIME SHARING PERCENTAGES .....................................................40
     C.   TRAVEL EXPENSES FOR VISITATION ........................................................................42

ATTACHMENTS FM-1000 to FM-1119
                            SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                         FAMILY RULES
RULE 1           GENERAL INFORMATION
           A.    SCOPE
                 These Rules govern cases in the Family Law Division, which hears all matters
                 concerning the Family Code or related matters, except for termination of parental
                 rights and adoptions.
(Eff. 7/01/10)
           B.    SANCTIONS

                 If any attorney, a party represented by an attorney, or a self-represented party,
                 fails to comply with any of the requirements of these Rules, the Court, on motion
                 of a party, or on request by FCS, or on its own motion, after notice and the
                 opportunity to be heard, may strike out all or any part of any pleading of that
                 party, dismiss the action or proceeding or any part of the action or proceeding,
                 enter a judgment by default against that party, or impose other penalties of a
                 lesser nature as otherwise provided by law, including monetary sanctions to the
                 Court, and may order that party or his or her attorney to pay to the moving party
                 the reasonable expenses in making the motion, including reasonable attorney fees.
(Eff. 7/01/10)
           C.    COURTHOUSES
                 The Family Law Division currently operates in four courthouses: North County
                 (605 W. El Camino Real, Sunnyvale, CA 94087), Central County (170 Park
                 Avenue, San José, CA 95113), South County (301 Diana Avenue, Morgan Hill,
                 CA 95037), and Notre Dame (99 Notre Dame Avenue, San José, CA 95113). All
                 new actions presented for filing in the Family Law Division must be accompanied
                 by a Declaration of Residence (attached form FM-1051). A party may only
                 request to transfer a case from one courthouse to another by filing a noticed
                 motion for hearing in the Department of the Supervising Judge based upon a
                 showing of extreme hardship to one or both parties. The Supervising Judge or
                 Presiding Judge, however, retains the discretion to assign a case to another
                 courthouse for all purposes, discussion, hearing, and/or trial.
(Eff. 7/01/10)

           D.    CASE ASSIGNMENT
                 (1)    DIRECT CALENDAR
                        New family law cases, except those subject to subsection (3) below, are
                        randomly assigned to a judicial officer for all purposes. The judge in that
                        department is the All-Purpose Judge (APJ). Upon the filing of a new case,
                        the clerk shall provide the Petitioner notice of the case assignment on the
                        Family Law Notice (attached form FM-1050). If a case is sent for trial to
                        the Civil Division based on its expected length or other reasons, the APJ
                        shall still decide all issues up to trial, including any ex parte requests and
                        motions to continue the trial. All filed documents must contain the name
                        of the assigned APJ and department.
(Eff. 1/01/13)


                                                  1
RULE 1 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                 (2)    CASES HEARD BY COMMISSIONERS
                        In some proceedings assigned to a family law department, except those
                        subject to subsection (3) below, the parties may be asked to stipulate that
                        their matter be heard and decided by a Commissioner of the Superior
                        Court, acting as a temporary judge pursuant to California Constitution,
                        Article VI, §§ 21 and 22 and Code of Civil Procedure Code § 259(e),
                        either for All Purposes or for a Limited Purpose. Before the first hearing
                        before a Commissioner who will hear that case for all purposes, the Court
                        will provide the parties the Stipulation for Court Commissioner to Act as
                        Temporary Judge for All Purposes (attached form FM-1112). The refusal
                        of a party to stipulate to a Commissioner acting as an All Purpose
                        temporary judge will lead to reassignment of the case to an APJ in either
                        the San Jose or Sunnyvale Courthouse, and in most cases will result in a
                        continuance of the matter to another date. If a party declines to stipulate to
                        a Commissioner acting as a Limited Purpose temporary judge, in most
                        cases the hearing will be delayed until the APJ is able to hear the matter.
(Eff. 7/01/12)
                 (3)    THE CHILD SUPPORT COMMISSIONERS
                        As provided by statutes or upon stipulation, the Child Support
                        Commissioners shall hear all Title IV-D support cases; U.I.F.S.A.,
                        Department of Child Support Services (DCSS) paternity, custody and
                        visitation issues raised in IV-D cases as provided by law, support
                        enforcement, and welfare reimbursement cases, as well as other family
                        law matters upon assignment.
(Eff. 1/01/10)
                 (4)    CASES INVOLVING EMPLOYEES
                        If a court employee or deputy sheriff working at a courthouse in the
                        Family Law Division, or a member of his or her family, is a party to a
                        Family case, the Supervising Judge of the Family Law Division shall
                        transfer the case to a different Family courthouse or the Civil Division for
                        assignment.
(Eff. 7/01/12)
           E.    FILINGS
                 All ex parte applications for orders must be filed in the courthouse in which the
                 APJ assigned to the case presides, except for domestic violence restraining orders.
                 All initiating complaints and fee waivers in cases involving the Department of
                 Child Support Services must be filed at the Notre Dame Courthouse. All other
                 documents, including domestic violence restraining order applications may be
                 filed or submitted (and the restraining orders picked up) at any of the four
                 operating courthouses regardless of the location of the case.
(Eff. 7/01/10)




                                                  2
RULE 1 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
           F.    ABBREVIATIONS
                 The following abbreviations are used throughout the Family Court Rules.
                          APJ        = All-Purpose Judge
                          Cal. Rules = California State Rules of Court
                          CLETS = California Law Enforcement Telecommunications
                                        System
                          CRC        = Family Centered Case Resolution Conference
                          CSC        = Custody Settlement Conference
                          DCSS       = Department of Child Support Services
                          EPRO       = Emergency Protective Restraining Order
                          FC         = Family Code
                          FCS        = Family Court Services
                          FCSO       = Family Court Settlement Officer
                          JCC        = Judicial Custody Conference
                          MSC        = Mandatory Settlement Conference
                          SOC        = Settlement Officer Conference
                          Status Conference = Case Status Conference
                          TRO        = Temporary Restraining Order
(Eff. 1/01/13)
           G.    SERVICE OF ALTERNATE DISPUTE RESOLUTION INFORMATION
                 A notice regarding Alternate Dispute Resolution Information shall be served with
                 any new Dissolution, Legal Separation, Nullity, Parentage, or Petition for Custody
                 and Support of Minor Children, as well as with any post-Judgment Requests for
                 Order in cases where a Judgment resolving all matters has been obtained. (See
                 Attachment FM-1021.)
(Eff. 1/01/13)

           H.    FILING REQUIREMENTS
(Eff. 7/01/10)
                 (1)    ATTACHMENTS TO PLEADINGS
                        a.     Evidentiary attachments to pleadings filed with Family Court
                               (excluding Judicial Council form attachments to the pleading at
                               issue) shall not exceed 10 pages in length, except orders to show
                               cause re contempt or applications for wage assignments. However,
                               a party may apply to the court ex parte with written notice of the
                               application to the other parties for permission to attach additional
                               documents. The application must state reasons why the additional
                               attachments are relevant and necessary. Parties should not attach
                               copies of pleadings already contained in the Court file to any new
                               pleading.
(Eff. 7/01/12)
                        b.     In lieu of the limits above, courtesy copies of relevant prior filings
                               or other attachments exceeding the 10 page limit may be submitted
                               to the Court bound separately from the current filing to which they
                               relate, with the same copies provided to all attorneys and self-
                                                  3
RULE 1 – con’t             SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                       FAMILY RULES
                              represented parties. Each page of all such attachments shall be
                              numbered sequentially. Parties must deliver courtesy copies to the
                              Court, and shall not send courtesy copies by fax machine. Such
                              photocopies will not be filed or marked as received by the Court.
                              If the submitting party wishes to have such photocopies returned to
                              the party, the submission shall include a stamped, self-addressed
                              envelope of sufficient size to return the photocopies.
(Eff. 7/01/12)

                 (2)   USE OF CONFIDENTIAL JUVENILE CASE FILES OR CHILD
                       WELFARE AGENCY RECORDS IN FAMILY COURT MATTERS
                       All documents obtained from any juvenile case file or from any child
                       welfare agency must be treated as confidential by all parties and attorneys
                       pursuant to WIC 827, 827.10, and Cal. Rules, Rule 5.552. Any party who
                       seeks to file with or present to the Family Court any juvenile case file or
                       child welfare agency document or record must first present a request to
                       file such documents under seal pursuant to Cal. Rules, Rules 2.550 and
                       2.551. Any pleading filed with the Family Court which attaches, recites or
                       quotes any juvenile case file or child welfare agency record without a prior
                       request and order to file under seal will be stricken from the Family Court
                       file.
(Eff. 1/01/13)
           I.    PREPARATION OF ORDERS
                 (1)   Any proposed order submitted to the Court for signature must contain a
                       footer with the title of the order on every page, including the signature
                       page, unless it is a Judicial Council form. In addition, the Court signature
                       and date lines must not be on a page by themselves; the signature page
                       must contain some text of the order.
                 (2)   When a case has been heard by assignment to a temporary judge, the order
                       prepared shall contain the name of that judge and shall be submitted to the
                       temporary judge or the APJ for signature.
(Eff. 1/01/10)

                 (3)   Parties presenting a Stipulation and Order to the Court for signature
                       should use the following local form: Stipulation and Order (Attachment
                       FM-1083).
(Eff. 7/01/11)

           J.    SERVICE OF SUMMONS BY PUBLICATION OR POSTING
                 (1)   To request service by publication or posting, the Petitioner must submit to
                       the Court the following local forms: Application for Order for Publication
                       or Posting of Summons (see Attachment FM-1022) and Order for
                       Publication or Posting of Summons (see Attachment FM-1023).
(Eff. 7/01/10)
                 (2)   Service by posting may be ordered only if the Petitioner is found to be
                       indigent. A Petitioner requesting service by posting must submit a

                                                4
RULE 1 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                        Request to Waive Court Fees, FW-001, unless one has been approved in
                        the last four months. If the Court approves service by posting,
                        Verification of Service by Posting of Summons (see Attachment FM-
                        1024) is needed.
(Eff. 7/01/10)
                 (3)    If, with Court approval, the Petitioner serves the Respondent with the
                        Petition and Summons by publication or posting and the Respondent has
                        not appeared, the Petitioner may serve the Declarations of Disclosure on
                        the Respondent by mailing them to the Respondent, in care of the Clerk’s
                        Office. The envelope shall be addressed: “Respondent’s Name, c/o
                        Clerk’s Office, Superior Court, Family Division, 191 N. First Street, San
                        Jose, CA 95113.” The Petitioner shall note on the Declaration Regarding
                        Service of Declaration of Disclosure (FL-141) that the Respondent was
                        served by mail in care of the Clerk’s Office.
(Eff. 1/01/08)
           K.    DEFINITION OF SOUTH BAY COUNTIES
                 When this term is used in any court order, “South Bay Counties” includes only
                 the counties of Alameda, Contra Costa, Marin, Merced, Monterey, San Benito,
                 San Joaquin, San Mateo, San Francisco, Santa Clara, Stanislaus, and Santa Cruz.
(Eff. 7/01/12)

           L.    ONE SETTING PER CALENDAR CALL AND CONFLICTS
                 The attorney for any moving party shall not set a matter for hearing at a time
                 which conflicts with any other case in any department. However, more than one
                 motion to withdraw as attorney of record may be set by the same attorney on one
                 or more calendars, if to be heard at the same courthouse.
                 If an attorney is scheduled to appear in more than one matter at a time (for
                 example, as attorney for a moving party in one case and for a responding party in
                 another case), that attorney shall make reasonable effort, well in advance of the
                 hearing date, to obtain a stipulation from the opposing attorney for a hearing on a
                 different day and/or time. Where the unresolved conflict involves an emergency
                 screening, the attorney with the conflict shall notify the courtroom clerk and
                 opposing counsel of the conflict and that the attorney will be delayed for a brief
                 period to allow the emergency screening to commence. Where the unresolved
                 conflict involves a settlement conference or trial, the attorney with the conflict
                 shall schedule a Status Conference on the earliest available date.
(Eff. 1/01/13)
           M.    MEET AND CONFER REQUIREMENTS

                 (1)    LAW AND MOTION MATTERS
                        In Law and Motion matters, the moving party’s attorney or a self-
                        represented moving party shall contact the opposing attorney or self-
                        represented party in advance of the hearing to meet, to confer, and to learn
                        whether issues can be settled without a contested hearing. The only


                                                  5
RULE 1 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        FAMILY RULES
                       exception is when both parties are self-represented and there are no-
                       contact restraining orders prohibiting contact.
(Eff. 1/01/13)
                 (2)   CLETS HEARINGS

                       Self-represented parties are not required to meet and confer prior to a
                       hearing seeking a Restraining Order under the Domestic Violence
                       Prevention Act. If only one party is represented, counsel shall ask the
                       self-represented party if he or she consents to speak to the attorney for the
                       other party before any meet and confer.
(Eff. 7/01/12)

RULE 2           CUSTODY AND VISITATION
           A.    PARENT ORIENTATION
                 (1)   In all initial motions or requests for order in which custody or visitation is
                       an issue, the moving party shall include the order below and shall serve a
                       notice form describing Parent Orientation and Mediation that is available
                       through the Calendar Office of the Clerk’s Office:
                       “Each party is ordered to contact Family Court Services at (408) 534-5600
                       immediately to schedule Parent Orientation. Failure to comply with this
                       order or keep any FCS appointments may result in the imposition of
                       sanctions.”
                       The Court may also order parents to attend Parent Orientation at any time.
                       Generally, parents are only required to attend Parent Orientation once, but
                       the Court may order parties to take the class more than once.
(Eff. 1/01/11)
                 (2)   Attendance at Parent Orientation must occur before mediation, unless the
                       Court orders otherwise. Upon request, parents who must travel a
                       substantial distance or suffer some other hardship may request to attend
                       Parent Orientation and the first mediation appointment on the same day.
(Eff. 1/01/11)
                 (3)   Each parent attending Parent Orientation shall complete and deliver an
                       Application for Mediation to the FCS office within two court days after
                       the Parent Orientation, unless all custody and visitation issues have been
                       settled.
(Eff. 1/01/11)

           B.    MEDIATION
                 (1)   Upon receipt of the parties’ Applications for Mediation, FCS shall
                       schedule the first available mediation appointment and both parties shall
                       attend the mediation. If the date assigned by FCS is not acceptable, either
                       party may request one rescheduled date for mediation. If a party does not
                       notify FCS of a request to reschedule at least 48 hours before the
                       mediation appointment, that party will be assessed a fee to FCS.
(Eff. 1/01/11)


                                                 6
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                       FAMILY RULES
                 (2)   The mediation appointment shall be considered a court date at which the
                       parties shall appear. Failure to attend mediation or late cancellation of
                       mediation appointments may result in sanctions. There are no fees for FCS
                       mediation, provided that there is a pending custody or visitation motion
                       before the Court.
(Eff. 1/01/13)
                 (3)   The parties may stipulate to private mediation for custody and visitation
                       disputes, at their own expense. The APJ will determine whether the parties
                       must also participate in mediation with FCS.
(Eff. 1/1/07)
                 (4)   Mediation proceedings shall be private and confidential, and the
                       mediator’s notes shall be confidential, unless the parties and the mediator
                       agree otherwise. Absent agreement, the mediator will not be called to
                       testify or to make recommendations to the Court. However, the mediator
                       shall report any allegations of child abuse to the proper authorities.
(Eff. 1/01/11)
                 (5)   At the mediation, if the parties agree to some or all of the custody and
                       visitation issues, the mediator shall prepare the written agreement and
                       shall mail copies of the document to the parties and attorneys. The parties
                       may object to the mediated agreement by submitting written objections to
                       FCS, along with a proof of service on all attorneys or self-represented
                       parties.
                       a.     Objections: Objections shall be in writing and shall include:
                              i.     the specific paragraphs and language to which the party
                                     objects;
                              ii.    the reasons for the objections; and
                              iii.   the proposed modified language.
(Eff. 1/01/11)
                       If FCS receives no written objections with proof of service within 15
                       calendar days from the date of the mailing of the mediated agreement, the
                       agreement will be submitted to the Court for review and signature. Family
                       Court will send a copy of the agreement and order, when signed and filed
                       by the Court, with proof of service to the parties and attorneys.
(Eff. 1/01/11)

           C.    CONTESTED CASES
                 (1)   RETURN TO MEDIATION AFTER OBJECTIONS
                       a.     Full Agreements: If the parties reached a full agreement in
                              mediation but a party served timely written objections, the parties
                              shall return to mediation to attempt to resolve any outstanding
                              disputes. Each party shall contact FCS within 10 calendar days
                              from the mailing of the objections to schedule the return
                              mediation.
(Eff. 1/01/11)


                                                7
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      FAMILY RULES
                       b.    Partial Agreement: If the parties reached only a partial agreement
                             in mediation and a party served timely written objections, the
                             mediator may choose to schedule a return mediation, or the parties
                             may return to mediation by agreement. If the parties agree, each
                             party shall contact FCS within 10 calendar days from the mailing
                             of the objections to schedule the return mediation. If no return
                             mediation is scheduled, the parties, shall proceed to a Judicial
                             Custody Conference.
(Eff. 1/01/11)
                 (2)   JUDICIAL CUSTODY CONFERENCE (JCC)
                       a.    Referral to JCC: If the parties do not reach a full agreement at
                             mediation and no return mediation is scheduled by FCS, the
                             mediator shall serve on the attorneys and any self-represented
                             parties a Referral to JCC. The Referral to JCC shall describe
                             generally the remaining disputed issues.
(Eff. 1/01/11)
                       b.    Scheduling the JCC: Parties shall have 15 calendar days from the
                             date of the Referral to JCC to schedule the JCC by contacting the
                             Calendar Office of the Clerk’s Office by telephone at (408) 534-
                             5710 or in person at 170 Park Avenue, San José, California. The
                             party scheduling the JCC shall coordinate the date with the other
                             party. A copy of the Referral to JCC must be provided to the
                             Calendar Clerk in order to schedule the JCC. The JCC shall be
                             scheduled within 30 calendar days of the date of the Referral to
                             JCC or on the first date available to the Court. If no JCC is set as
                             required, a party may request a Status Conference or CRC to
                             request a JCC.
(Eff. 1/01/13)
                       c.    Scheduling the JCC after Private Mediation: Parties who
                             attended private mediation may schedule a JCC by sending a letter
                             to the Clerk’s Office, with proof of service on all parties,
                             requesting a JCC and verifying (1) that the parties have completed
                             mediation that has not resulted in an agreement, and (2) that each
                             party attended Parent Orientation. Within 30 calendar days after
                             the letter is sent to the Clerk’s Office, one of the parties or
                             attorneys shall call the Calendar Office of the Clerk’s Office to
                             schedule the JCC, as described in section (2) b above.
(Eff. 1/01/11)
                       d.    Requirement to Confer: Except where contact between self-
                             represented parties is prohibited by a Restraining Order, all parties
                             and attorneys shall confer in good faith no later than 10 calendar
                             days before the scheduled JCC to resolve any remaining issues. If
                             the issues are resolved, the parties shall immediately notify FCS
                             and the Court and prepare a stipulation to submit for the APJ’s
                             signature.
(Eff. 1/01/11)



                                               8
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      FAMILY RULES
                       e.    JCC Statement: Each party shall serve and file a Judicial Custody
                             Conference Statement at least 10 calendar days before the
                             scheduled JCC. (See attached form FM-1016.) Each party shall
                             bring two copies of this form to the JCC.
(Eff. 1/01/11)
                       f.    Attendance at the JCC: All parties and counsel are required to
                             attend the JCC, unless attendance has been excused in advance by
                             the APJ. If a party fails to appear at the JCC, a hearing may be held
                             on the day of the JCC or on another date, and custody or visitation
                             orders may be made. If the judge is not able to assist in resolving
                             any remaining custody or visitation disputes at the JCC, the judge
                             may order a custody evaluation to be performed by the staff of
                             FCS or by a private evaluator; may schedule a hearing or trial to
                             decide any disputed issues; may order the parties to return to
                             mediation; or may make other orders as necessary for the best
                             interest of the child. If the Court orders an FCS evaluation, the
                             first appointment shall be scheduled before the parties leave the
                             JCC.
(Eff. 1/01/11)
                 (3)   CUSTODY EVALUATIONS
(Eff. 7/01/09)
                       a.    When an evaluation is ordered at FCS, the Court shall set a
                             Custody Settlement Conference (CSC) on a date between 90 and
                             100 calendar days from the initial appointment. At the initial
                             evaluation appointment, the FCS evaluator may coordinate
                             rescheduling the CSC, within the same 90 to 100 calendar day
                             period, if the original CSC date conflicts with the evaluator’s
                             schedule.
(Eff. 1/01/11)
                       b.    By stipulation and with the Court’s approval, the parties may
                             nominate a private evaluator to perform an evaluation at the
                             parties’ expense. The Court may also appoint a private evaluator
                             over objection at a noticed JCC, Status Conference, CRC, or other
                             hearing. The parties shall share the costs of the private evaluation
                             equally, unless the Court orders a different allocation. The Court
                             shall set a CSC date between 140 and 150 calendar days from the
                             date of the order to a private evaluation, or earlier if the private
                             evaluator and the APJ agree. The requirements and other timelines
                             in this Rule shall apply to private evaluations.
(Eff. 1/01/13)
                       c.    Parties shall notify the evaluator, the Calendar Office and the clerk
                             for the APJ as soon as the case settles before the CSC.
(Eff. 1/01/11)
                       d.    Children must be present for the initial evaluation appointment
                             only when either parent resides more than 100 miles from the
                             courthouse to which the case is assigned, or the Court or the
                             evaluator directs that the children be available. When the children


                                               9
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      FAMILY RULES
                             are required to be present, the custodial parent shall bring an adult
                             who can care for the children.
(Eff. 1/01/11)
                       e.    If one attorney fails to appear at the initial appointment, as
                             required, the evaluator has the discretion to proceed with the
                             parties only and to reschedule the appointment with both attorneys.
(Eff. 1/01/11)
                       f.    Evaluation reports are confidential and shall be sent to the Court,
                             attorneys and self-represented parties only. The report shall not be
                             duplicated, disseminated, or in any other way provided or shown to
                             any individual not a party to the proceedings, except consulting
                             experts and court-ordered therapists and evaluators. Evaluation
                             reports, including psychological evaluations, shall not be attached
                             as exhibits to any papers filed with the Court, and shall not be
                             quoted or summarized in any publicly filed document.
(Eff. 1/01/11)
                       g.    FCS will charge for evaluations, unless a fee waiver is granted for
                             a party. The parties shall submit deposits or fee waiver requests to
                             FCS within five court days of receipt of the Court’s order to an
                             evaluation..
(Eff. 1/01/11)
                 (4)   RECOMMENDED ORDERS AND OBJECTIONS
                       a.    No later than 60 calendar days after the date of the first evaluation
                             appointment the evaluator shall serve on all parties and counsel
                             written recommendations and a report. The time for completing
                             the evaluation may be extended by the Court on the evaluator’s
                             written application upon a showing of good cause. Any extension
                             request shall be served on all self-represented parties and attorneys.
                             The Court shall wait 10 calendar days before deciding any
                             extension request, to allow parties the opportunity to respond. Any
                             response shall be submitted to the Court in writing with a proof of
                             service on the opposing party or counsel and FCS.
(Eff. 1/01/11)
                       b.    Any party shall have 15 calendar days after the date of mailing of
                             the evaluation recommendations to object to the recommendations
                             by doing all of the following:
                             i.     File specific written objections with the Court.
                             ii.    File a proof of service showing service of the objections on
                                    all attorneys or self-represented parties.
                             iii.   Personally serve FCS or the private evaluator with an
                                    endorsed, filed copy of the objections and a copy of the
                                    proof of service showing service of the objections on the
                                    attorneys and parties.
                             If objections are filed, the parties shall contact the evaluator to
                             schedule a meeting to discuss the objections before the CSC. If
                                              10
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      FAMILY RULES
                             any party fails to cooperate in setting, or fails to attend, this
                             meeting after objections, the Court at the CSC may sign the
                             recommended order and may order sanctions. If no endorsed, filed
                             objections are received by FCS within 15 calendar days from the
                             date of the mailing of the evaluation recommendations, the
                             recommended order shall be submitted to the Court for review and
                             signature.
(Eff. 1/01/11)
                       c.    Objections: Objections shall be in writing and shall include the
                             following:
                             i.     the specific paragraphs and language to which the party
                                    objects;
(Eff. 1/01/08)
                             ii.    the reasons for the objections; and
                             iii.   the proposed modified language.
(Eff. 1/01/08)

                 (5)   CUSTODY SETTLEMENT CONFERENCE (CSC)
                       a.    All attorneys and parties and the evaluator shall attend the
                             scheduled CSC to attempt to settle all contested custody and
                             visitation issues. Any proposed stipulation to reschedule a CSC
                             shall be in writing and shall include the evaluator’s signature.
(Eff. 1/01/11)
                       b.    Each party shall file and serve a CSC Statement at least 10
                             calendar days before the CSC, clearly stating any remaining
                             custody or visitation issues and any proposed alternative language.
                             Previously-filed objections may be attached and incorporated by
                             reference. The Statement of Issues shall also include the time
                             estimate for trial and a list of witnesses. Each party shall bring two
                             copies of the CSC Statement to the CSC.
(Eff. 1/01/11)
                       c.    If agreement is not reached at the CSC, the Court may set the case
                             for trial or hearing.
(Eff. 1/01/11)
                       d.    If a party fails to appear at the CSC, a hearing may be held on the
                             day of the CSC or on another day set by the Court and custody or
                             visitation orders may be made.
(Eff. 1/01/11)
                 (6)   EMERGENCY SCREENINGS
                       a.    In any case in which an emergency exists, the Court may order a
                             staff member of FCS, other than the mediator, to conduct an
                             “emergency screening” (a preliminary and limited investigation),
                             to make recommendations regarding the temporary custody,
                             visitation, and related conditions for the minor children. In most
                             cases, the Court will not order any emergency screening based
                             solely on an ex parte application, but may order protective orders

                                               11
RULE 2 – con’t        SUPERIOR COURT OF CALIFORNIA
                         COUNTY OF SANTA CLARA
                                FAMILY RULES
                       until the hearing date on an adequate showing that serious harm to
                       a child may result if no order is issued. FCS or the Court will
                       provide instructions for emergency screening to all parties and
                       attorneys when a screening is ordered. Attorneys and parties must
                       be available as required by FCS, or the Court may reschedule the
                       screening. After an order to an emergency screening, the parties
                       may agree to a private emergency screening at the parties’
                       expense. A private screening shall be conducted in compliance
                       with these Local Rules, but without the involvement of FCS. The
                       Court will not provide reports of criminal history or CPS records to
                       any private screener.
(Eff. 7/01/12)
                 b.    If the parties agree to and sign the screening recommendations,
                       they shall be submitted to the Court for review and signature.
(Eff. 1/01/08)
                 c.    If a party objects to the screening recommendations, a brief
                       hearing, generally less than thirty minutes, will be held on the day
                       of the screening, or as soon as possible.
(Eff. 1/01/08)
                 d.    Fees shall be charged for any screening performed by FCS, unless
                       a fee waiver is granted.
(Eff. 1/01/08)
                 e.    In most cases, an FCS mediator who conducted an emergency
                       screening (“FCS screener”) is available for testimony at a hearing
                       immediately following the completion of the screening. In the
                       event that a party intends to request the testimony of an FCS
                       screener at any hearing, trial or deposition set seven days or more
                       following the final conclusion of the screening (i.e., the
                       investigation is complete, a final screening order has been signed,
                       and no further screening date is scheduled), the requesting party
                       shall do all of the following: 1) Coordinate the date of the
                       testimony with FCS and all parties; 2) Serve an appropriate
                       subpoena on the FCS screener; and, 3) Schedule a CRC with the
                       Court by contacting the courtroom clerk at the earliest opportunity,
                       and give notice of that CRC to FCS, all counsel and unrepresented
                       parties. The Court shall give calendar priority to such a request for
                       CRC.
(Eff. 1/01/13)
                       Absent good cause shown for an order shortening time, the
                       subpoena shall be served and the CRC scheduled for a date no later
                       than 30 days prior to any hearing, including trial, or 45 days prior
                       to the start of a deposition. At the CRC, the requesting party shall
                       describe the issues currently in dispute in the case and make an
                       offer of proof of the relevance of and the need for the testimony to
                       those issues.
(Eff. 1/01/13)
                       The requesting party shall also provide a time estimate for the
                       testimony of the FCS screener at the hearing, trial or deposition. At

                                        12
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                       FAMILY RULES
                              that CRC, based on the offer of proof and any other information
                              presented at the CRC, the Court may allow the deposition or
                              hearing testimony to proceed, may limit the scope or duration of
                              any testimony, or may conclude that the FCS screener will not be
                              required to testify. The requesting party shall immediately give
                              notice to FCS of the outcome of the CRC, and serve any order
                              signed by the Court on FCS and all parties.
(Eff. 1/01/13)
                              Absent good cause, the FCS screener will not be required to appear
                              in response to the subpoena unless the mandates of this provision
                              have been followed.
(Eff. 7/01/12)
                 (7)   MODIFICATION OF JUVENILE COURT EXIT ORDERS

                       Requests to modify the juvenile custody order filed within one year of the
                       date the custodial order was entered shall be returned to the issuing
                       juvenile department for hearing. The juvenile judge shall determine
                       whether there is a significant change in circumstances to warrant
                       modification of that order as set forth in Welfare and Institutions Code §
                       302(d), and make any orders necessary to promote the child’s best
                       interests. The juvenile judge shall sit as a family judge for purposes of
                       hearing the motions regarding modification of custody and/or visitation.
                       Thereafter, any future litigation relating to the custody, visitation and
                       control of the child shall be heard in the Family Court.
(Eff. 7/01/12)
           D.    SPECIAL ISSUES
(Eff. 1/01/11)
                 (1)   FCS PERSONNEL
(Eff. 1/01/11)
                       a.     Any party who seeks to examine any FCS staff at any deposition,
                              trial, or hearing must coordinate the date with FCS and must serve
                              an appropriate subpoena. Absent a court order obtained through
                              the procedure described in Rule 2.C. (6), at any motion hearing, or
                              at a JCC or CSC, no party shall serve a subpoena for testimony of
                              a mediator who performed an evaluation unless the subpoena is
                              served within three months after the final Custody Settlement
                              Conference.
(Eff. 7/01/12)
                       b.     Any party who subpoenas any FCS staff to appear in Court must
                              confirm that the appearance is still required with that FCS staff
                              person by telephone at least one court day in advance. The
                              subpoenaing party must inform the FCS staff person immediately
                              of any continuance or delay of the hearing, or settlement.
(Eff. 1/01/11)
                       c.     Any party may be assessed expert witness fees for the appearance
                              of an FCS staff member at a trial or hearing. The parties shall pay
                              the fees equally unless the Court orders otherwise.
(Eff. 1/01/11)



                                               13
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        FAMILY RULES
                       d.     Absent a Court order based on good cause, no deposition subpoena
                              of FCS personnel and no subpoena for FCS records shall be served
                              until recommendations pursuant to an evaluation are complete and
                              an objection is filed.
(Eff. 7/01/12)
                       e.     No peremptory challenges are permitted to FCS evaluators, private
                              evaluators appointed by the Court pursuant to Evidence Code §
                              730, and mental health professionals appointed by the Court to do
                              psychological testing. A complaint about an FCS evaluator,
                              mediator, or emergency screener may be submitted by letter to
                              FCS with proof of service of a copy to all other counsel and self-
                              represented parties. FCS will accept and respond to the complaint
                              in writing to all parties within 30 days. (See Attachment FM-
                              1078.) A complaint about a private evaluator, private mediator or
                              private emergency screener may be submitted by letter to the
                              Supervising Family Court Judge with proof of service of a copy to
                              all other counsel and self-represented parties. The Supervising
                              Family Court Judge will accept and respond to the complaint in
                              writing within 30 days.
(Eff. 1/01/13)
                 (2)   CHILDREN IN THE COURTHOUSE
                       While children who are the subject of litigation may appear at the
                       courthouse, it is the policy of the Court not to have any children in the
                       courtroom without the Court’s prior knowledge. At all times, children
                       present at the courthouse shall be in the care of a responsible adult person
                       who is not a party to the case. Further, a child shall not be brought to court
                       to testify without prior order of the court following a discussion of the
                       factors described in Cal. Rules 5.250 regarding the child’s participation in
                       family court proceedings.
(Eff. 1/01/13)
                 (3)   TESTIMONY OF CHILDREN
                       No party shall notice or take the deposition of any minor child who is the
                       subject of litigation without first obtaining a court order to allow that
                       deposition after a noticed hearing and based on a showing of a compelling
                       reason to take the deposition.
(Eff. 7/01/12)

                 (4)   PRODUCTION OF FCS RECORDS/PROTECTIVE ORDER
                       When making any order for the production of FCS records or
                       psychological evaluations, the Court will make appropriate Protective
                       Orders. The mandatory Protective Order form is located on the Court’s
                       website. (See attached FM-1036.) Subpoenas for the production of FCS
                       records and the signed Protective Order must be served on FCS at least six
                       weeks in advance of the date the records are required.
(Eff. 7/01/12)



                                                14
RULE 2 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                 (5)    DOCUMENTS PROVIDED TO EVALUATOR OR SCREENER
(Eff. 7/01/09)
                        Any documents provided to an evaluator or screener shall be accompanied
                        by either a Judicial Council Proof of Service (FL-330 or FL-335) or the
                        FCS Declaration of Mailing or Personal Service form (see attached form
                        FM-1061), except for documents handed to an evaluator or screener in the
                        presence of the other party or attorney (in which case copies shall be
                        provided at the same time to the other party or attorney). The number of
                        submitted pages shall be stated on the form. FCS may require a party to
                        index and prioritize submissions. A party who submits more than 15
                        pages to an FCS evaluator or screener (“FCS”) shall index, number each
                        page sequentially, and assign a priority to all documents submitted. FCS
                        may seek guidance from the Court at the commencement of a screening,
                        or in the case of an evaluation, may ask the Court to set an immediate
                        review hearing if FCS contends that a document submission of more than
                        15 pages (excluding items specifically requested) is not warranted or
                        contains documents not relevant to the issues to be considered. The Court
                        shall set this hearing on shortened time so that the evaluation will not be
                        delayed. At that hearing, the Court may limit the scope and/or number of
                        documents to be considered by FCS.
(Eff. 7/01/12)
                 (6)    DOMESTIC VIOLENCE TRAINING
                        Private custody evaluators shall provide FCS and the Supervising Judge of
                        the Family Court with a written verification of completion of the basic
                        domestic violence training, and the four hour update annually. Custody
                        evaluations shall be accompanied by the evaluator’s written declaration
                        under oath that he or she has completed the required domestic violence
                        training, including applicable updates.
(Eff. 1/01/11)
                 (7)    TIME LIMITS
                        The time limits in this Rule include the time for mailing and shall not be
                        extended by the mailing of any required documents.
(Eff. 1/01/11)

RULE 3           CHILD, SPOUSAL AND PARTNER SUPPORT
           A.    INITIAL SUPPORT MOTIONS
                 All initial motions for child, spousal or partner support shall be calendared within
                 30 calendar days of the filing of the Request for Order, except upon the request of
                 the moving party for additional time.
(Eff. 1/01/13)




                                                  15
RULE 3 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                          FAMILY RULES
           B.    COMPUTER SUPPORT PRINTOUTS
                 A computer support printout shall be attached to the pleadings or submitted to the
                 Court at the hearing by both moving and responding parties when child support or
                 temporary spousal or partner support is at issue (but not permanent spousal or
                 partner support).
(Eff. 1/01/11)

           C.    TEMPORARY SPOUSAL OR PARTNER SUPPORT FORMULA
                 Temporary spousal or partner support is generally computed by taking 40% of the
                 net income of the payor, minus 50% of the net income of the payee, adjusted for
                 tax consequences. If there is child support, temporary spousal or partner support
                 is calculated on net income not allocated to child support and/or child-related
                 expenses. The temporary spousal support calculations apply these assumptions.
                 (Please refer to the Family Rules Appendix: Discretionary Policy Statements for
                 the Family Law Division.)
(Eff. 1/01/11)

           D.    INCOME AND EXPENSE DECLARATION/FINANCIAL STATEMENT
                 (SIMPLIFIED)
                 A current Income and Expense Declaration or, if applicable, Financial Statement
                 (Simplified), shall be filed and served by both parties as part of the moving or
                 responding papers if support is an issue. An Income and Expense Declaration or
                 Financial Statement is “current” within the meaning of this Rule if it was
                 completed and filed within three months prior to the hearing, as long as none of
                 the information has changed. A copy of any previously-filed Income and
                 Expense Declaration that is asserted as current must be attached to the moving or
                 responding papers. All blanks on the form(s) must be answered. Notations such
                 as “unk.” for unknown, “est.” for estimated, “N/A” for not applicable, and
                 “None” shall be used to avoid leaving any item blank, but failure to provide any
                 required information may result in the Court’s refusal to consider the form(s),
                 denial of the requested relief, or a delay of the hearing. Referring to any separate
                 document, such as “see SAD (Schedule of Assets and Debts)” is not acceptable.
(Eff. 1/01/11)

           E.    TAX RETURNS
                 The parties shall bring to the hearing at least three legible copies of their most
                 recent state and federal income tax returns including all attachments, specifically
                 including all schedules, W-2 forms, 1099 forms, and amendments. If a self-
                 employed party operates as a corporation, that party shall also bring copies of the
                 most recent corporate tax return. If the most recent tax returns are not for the prior
                 year, (1) self-employed parties shall bring their most recent profit and loss
                 statements, balance sheets, quarterly sales tax reports, or similar documentation
                 evidencing income from all sources; and (2) employees shall bring paystubs for
                 the prior year-end showing all income for the prior year. The Court may request
                 additional tax returns and related documents. Failure to bring tax returns to the

                                                  16
RULE 3 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                 hearing may result in a delay of the hearing on a request for support or other
                 sanctions.
(Eff. 1/01/11)

RULE 4           ATTORNEY’S FEES AND COSTS
(Eff. 1/01/10)

           A.    FEE REQUESTS
                 When a party has requested attorney’s fees (either pendente lite or after
                 judgment), both parties shall file a current Income and Expense Declaration with
                 attached paystubs, which shall be served along with the Application, Request for
                 Order, or Responsive Declaration requesting fees. The requirements of Rule 3 D
                 above concerning the definition of “current,” the attachment of a previously-filed
                 statement, and the completion of all blanks apply. Both sides must also complete
                 the attorney’s fees section, and provide complete information in the asset section
                 (Section 11). Any fee request above $1,000 shall be accompanied by the
                 declaration described in Section B below, in addition to the Income and Expense
                 Declaration. The parties shall not attach billing statements to the attorney’s fee
                 request, but shall exchange billing statements before the hearing The attorney
                 shall also bring copies of the bills to the hearing.
(Eff. 1/01/13)
           B.    FEE DECLARATIONS
                 Any fee and cost request over $1,000 shall include a separate written fee
                 declaration signed by the attorney and addressing the following facts:
(Eff. 1/01/11)
                 (1)    the services performed and by whom and costs incurred to date, the time
                        expended, and the hourly rate(s) charged, if applicable;
(Eff. 1/01/11)
                 (2)    the best estimate of the future services to be performed and costs to be
                        incurred, the specific amounts of fees and costs requested, the reasons for
                        the request, and why the fees and costs are necessary;
(Eff. 1/01/11)
                 (3)    each party’s financial circumstances and access to assets, including a copy
                        of any computer printout for any current support order;
                 (4)    all fees paid by or on behalf of the party requesting fees and costs, and the
                        history of prior fee awards; and
                 (5)    a brief description of the attorney’s experience in practicing family law,
                        including whether the attorney is a Certified Family Law Specialist.
(Eff. 1/01/11)




                                                 17
                            SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                       FAMILY RULES
RULE 5           LAW AND MOTION
           A.    EX PARTE APPLICATIONS AND ORDERS
                 (1)   ORDERS SHORTENING TIME
                       A request for an order shortening time must be submitted to the Court
                       Specialist as an ex parte application and must be accompanied by a
                       declaration setting forth evidentiary facts which explain why a shorter
                       notice period is necessary. An order shortening time will only be granted
                       upon a showing of good cause.
(Eff. 1/01/10)
                 (2)   SUBMISSION OF EX PARTE APPLICATIONS
                       All ex parte applications are handled on the documents submitted, without
                       hearing. All ex parte requests shall be submitted to the Court Specialist
                       with any filing fees due with the motion. The Court Specialist shall hold
                       all applications (except TROs and matters involving domestic violence)
                       for 24 hours before submission to the judicial officer. No hearings are
                       scheduled to argue ex parte applications. Applications received by the
                       Court after 4 p.m. will be deemed for notice purposes to have been
                       submitted at 8:30 a.m. on the following court day. All ex parte
                       applications must disclose both (1) the fact that a requested ex parte order
                       will result in a change of status quo; and (2) whether orders are already in
                       effect regarding the same issue.
(Eff. 1/01/11)
                 (3)   NOTICE OF APPLICATION
                       The moving attorney or self-represented party must submit a Declaration
                       re Notice of Ex Parte Application (attached form FM-1013) and must give
                       notice of all ex parte applications to the opposing attorney or self-
                       represented party before submitting the request, except where there is an
                       agreement, where it is impossible to give notice, or where notice would
                       result in irreparable injury.
(Eff. 1/01/11)
                       Notice is provided by serving upon all self-represented parties and all
                       attorneys of record the Declaration re Notice, the proposed orders, and all
                       moving papers before submitting the moving papers to the Court
                       Specialist, in one of the ways below. Telephone notice alone is not
                       sufficient.
                       a.     Personal service or, upon written consent, by facsimile
                              transmission with either a printed electronic confirmation of
                              receipt, which shall be attached to the Declaration re Notice, or the
                              sender’s declaration that the recipient has acknowledged receipt; or




                                                18
RULE 5 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                        b.      Service is by mail, but notice is not complete and the moving
                                papers shall not be submitted to the Court Specialist until five
                                calendar days after mailing. Where service is by next-day carrier,
                                notice is not complete and the papers shall not be submitted until
                                two calendar days after the carrier receives the papers to be served.
(Eff. 1/01/11)
                 (4)    OPPOSITION TO EX PARTE APPLICATION
                        Attorneys or self-represented parties shall serve on moving party and file
                        with the Court Specialist any written response to the ex parte application
                        within 24 hours of the ex parte application’s submission to the Court,
                        unless the Court requests an expedited response.
(Eff. 1/01/11)

                 (5)    ONLINE STATUS OF EX PARTE APPLICATIONS
                        The Court will post on the Court’s website, www.scscourt.org, the status
                        of ex parte matters that have been submitted to the Court for review and
                        signature.
(Eff. 1/01/11)
           B.    SPECIAL PROCEDURES FOR CLETS RESTRAINING ORDERS
(Eff. 1/01/11)
                 Any restraining orders under the Domestic Violence Prevention Act or Family
                 Law Act shall be submitted to the Court on the CLETS forms or other Judicial
                 Council approved forms. All ex parte requests for CLETS restraining orders shall
                 include a completed Declaration in Support of Ex Parte Application for Orders
                 (see attached form FM-1013). All personal conduct and stay away restraining
                 orders in a judgment must be set forth separately on a CLETS or Judicial Council
                 form and must include the expiration date, and good cause for granting the orders
                 must be set forth in attached declarations.
(Eff. 1/01/11)
                 All restraining order applications and orders after hearing shall be accompanied
                 by the Confidential CLETS Information Form CLETS-001 and where applicant
                 requests that the Sheriff serve the orders, by the Request for Sheriff to Serve and
                 Sheriff’s Fee Statement (see attached form FM-1041), which shall not become
                 part of the court file. The local form entitled How to Safely Turn in Firearms and
                 Ammunition (see attached form FM-1047) shall be served with any CLETS
                 temporary restraining order or restraining order after hearing. In the event that the
                 Court issues mutual restraining orders following a hearing, such orders must be
                 stated on two separate forms, one for each party. Pursuant to Family Code §
                 6380, the Court will transmit to the Sheriff’s Office for entry into the domestic
                 violence restraining order system orders for personal conduct, residence
                 exclusion, and stay away, as well as proofs of service of such orders and custody
                 and visitation orders issued in these cases. Parties may also deliver certified
                 copies of the orders and proofs of service to law enforcement agencies.
(Eff. 1/01/13)
                 In cases where the Court allows for property removal as an exception to the
                 restraining order, Attachment FM-1102 (Other Orders-Property Removal) may be


                                                  19
RULE 5 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                        FAMILY RULES
                 used as an attachment to the Restraining Order After Hearing (Judicial Council
                 form DV-130).
(Eff. 1/01/11)
                 (1)    EXISTING CRIMINAL PROTECTIVE ORDERS
                        a.     The Family Court shall examine available databases for existing
                               restraining or protective orders involving the same restrained
                               parties before issuing CLETS Civil Restraining Orders. If the
                               information is not available, the Court will ask the parties before
                               issuing any such permanent CLETS Civil Restraining Orders.
(Eff. 7/01/11)
                 (2)    MODIFICATION OF CRIMINAL PROTECTIVE ORDERS
                        a.     Any Court responsible for issuing custody or visitation orders
                               involving minor children of a defendant/restrained person subject
                               to a Protective Order in Criminal Proceeding (CLETS) (Judicial
                               Council form CR-160), also known as Criminal Protective Order,
                               may modify the Criminal Protective Order if all of the following
                               circumstances are satisfied:
(Eff. 1/01/07)
                               i.     Both the defendant/restrained person and the victim/
                                      protected person are subject to the jurisdiction of the
                                      Family, Juvenile, or Probate Court; both parties are present
                                      before the Court; and both agree to the modification.
                               ii.    The defendant/restrained person has been convicted of or is
                                      currently charged with a domestic violence related offense
                                      in Santa Clara County and a Criminal Protective Order has
                                      issued and is still in effect.
(Eff. 1/01/13)
                               iii.   The Family, Juvenile, or Probate Court identifies a
                                      Criminal Protective Order issued against the defendant,
                                      which is inconsistent with a proposed Family, Juvenile, or
                                      Probate Court Order, such that the Family, Juvenile, or
                                      Probate Order is/will be more restrictive than the Criminal
                                      Protective Order or there is a proposed custody or visitation
                                      order which requires recognition in the Criminal Protective
                                      Order (boxes 13 or 14, or both, on the Criminal Protective
                                      Order form).
(Eff. 1/01/07)
                               iv.    The defendant signs an appropriate waiver of rights form or
                                      enters a waiver of rights on the record.
                               v.     Both the victim/protected person and the defendant/
                                      restrained person agree that the Criminal Protective Order
                                      may be modified to a more restrictive order or to add Box
                                      13 or 14 or both to the Criminal Protective Order.
(Eff. 1/01/07)
                        b.     The Family, Juvenile, or Probate Court may not modify existing
                               Criminal Protective Orders to be less restrictive. Only if children
                                                20
RULE 5 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      FAMILY RULES
                             are not listed as protected persons, a modification of the Criminal
                             Protective Order to check Box 13 or 14 or both to the Criminal
                             Protective Order shall not be considered less restrictive.
(Eff. 1/01/07)
                       c.    The Family, Juvenile, or Probate Court may, on its own motion or
                             at the request of a defendant, protected person, or other interested
                             party, calendar a hearing before the Criminal Court on the issue of
                             whether a Criminal Protective Order should be modified. The
                             Family, Juvenile, or Probate Court shall provide the Criminal
                             Court with copies of existing or proposed Orders relating to the
                             matter. Notice of the hearing will be provided to all counsel and
                             parties.
(Eff. 1/01/07)
           C.    FAX FILING IN DOMESTIC VIOLENCE CASES
                 (1)   DEFINITIONS
                       a.    SERVICE PROVIDER
                             “Service provider” means an entity authorized by the Court to
                             provide fax filing services to the public and the Court for domestic
                             violence cases, to transfer filings and messages to and from the
                             Court, and to pay any applicable filing fees to the Court.
                       b.    FAX
                             “Fax” and fax filing shall be as defined in Cal. Rules, Rule 2003.
(Eff. 1/01/13)

                 (2)   DIRECT FILING
                       a.    Pursuant to Cal. Rules, Rule 2.304, et seq., authorized service
                             providers may directly file domestic violence restraining order
                             applications, temporary restraining orders, and proofs of personal
                             service by fax. Such filings shall be submitted to a number to be
                             designated by the Court.
(Eff. 1/01/13)
                       b.    A facsimile filing shall be accompanied by a Domestic Violence
                             Facsimile Filing Cover Sheet. (See attached form FM-1000.) This
                             shall be the first page transferred, to be followed by any special
                             handling instructions required. If the domestic violence restraining
                             order application is submitted with initial documents which require
                             the payment of a filing fee, such as a dissolution or paternity
                             action, the facsimile filing shall also be accompanied by a Judicial
                             Council Facsimile Filing Cover Sheet with the applicable credit
                             card information. This shall be the second page transmitted in that
                             event. The Court is not required to keep a copy of the cover sheet
                             and attachment. Any credit card information will be kept
                             confidential by the Court.
(Eff. 7/01/06)


                                              21
RULE 5 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                        c.      Each document transmitted for direct filing with the Court shall
                                contain the phrase “by fax” immediately below the title of the
                                document. Each service provider shall also include its applicable
                                PIN number where indicated on the Domestic Violence Facsimile
                                Filing Cover Sheet.
                        d.      There shall be no facsimile filing fee for the filing of domestic
                                violence restraining orders.
                 (3)    SIGNATURES
                        a.      A person who files or serves a signed document by fax pursuant to
                                the Code of Civil Procedure and this rule represents that the
                                original signed document is in his or her possession and control.
                        b.      At any time after the filing or service of a signed facsimile
                                document, any other party may serve a demand for production of
                                the original physically signed document. The demand for
                                production shall be served on all other parties but shall not be filed
                                with the Court.
                        c.      Notwithstanding any other provision to the contrary, including
                                Sections 255 and 260 of the Evidence Code, a signature produced
                                by facsimile transmission is an original.
                 (4)    SERVICE PROVIDERS
                        a.      Service providers shall be required to sign a Memorandum of
                                Understanding with the Court and attend periodic training sessions
                                regarding domestic violence restraining orders and court
                                procedures.
                        b.      The Court shall maintain a list of approved service providers for
                                facsimile filing of domestic violence cases. Each approved service
                                provider shall be assigned a PIN number for identification
                                purposes.
(Eff. 1/01/98)

           D.    STIPULATIONS
                 All stipulations must be signed by both parties and their respective attorneys.
                 Any self-represented party’s signature must be notarized or otherwise
                 authenticated by a member of the bar.
(Eff. 1/01/10)
           E.    PROOF OF SERVICE
                 Unless the Court has granted an order shortening time, proof of service of the
                 moving papers shall be filed no later than five court days before the hearing. If a
                 responding party fails to appear at a hearing and the moving party does not submit
                 to the Court proof of timely service, the matter will be taken off calendar or
                 reissued for service. If the responding party fails to appear and proof of service is

                                                  22
RULE 5 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                 submitted, the Court may enter orders based on the pleadings and evidence of the
                 moving party, or continue the hearing and award attorney’s fees.
(Eff. 1/01/11)

           F.    TIME LIMITS AND COUNTER-MOTIONS
                 All matters on the law and motion calendar are limited to hearings of 30 minutes
                 or less. A responding party may set a counter-motion on the law and motion
                 calendar for the same date only if (1) the counter-motion will not cause the
                 hearing to exceed 30 minutes; and (2) space is available on the calendar or the
                 APJ approves an application submitted to the Court Specialist.
(Eff. 1/01/11)

           G.    CONTINUANCES
                 (1)    FIRST CONTINUANCE
                        Before the first hearing date, if the moving papers have already been
                        served and if the parties agree, one continuance may be obtained by faxing
                        to or filing at the Clerk’s Office, at least two court days before the hearing,
                        (1) a stipulation signed by both attorneys or self-represented parties; or (2)
                        a letter signed by the requesting attorney or self-represented party
                        confirming that the other party agrees to continue the hearing. This
                        procedure for continuing the first hearing date shall not apply to hearings
                        on requests for domestic violence or other restraining orders.
(Eff. 1/01/11)
                        If the Court had issued an order shortening time for the filing, service, and
                        original hearing date, and the hearing date is then continued by stipulation
                        of the parties, the continuance will not affect the dates for filing and
                        service set by the original order shortening time unless the Court
                        specifically so orders.
(Eff. 1/01/11)
                 (2)    ADDITIONAL CONTINUANCES
                        No additional continuances will be granted except by a written request
                        submitted to the APJ no later than 9:00 a.m. on the court day before the
                        hearing, based on a showing of good cause.
(Eff. 1/01/11)

           H.    LONG CAUSE HEARINGS
                 A “long cause” hearing is any hearing other than a trial that will take longer than
                 30 minutes. The Court may calendar long cause hearings from the law
                 and motion calendar or from a CRC. If a party believes that a law and motion
                 matter requires a long cause hearing, the attorney or self-represented party shall
                 confer with the other attorney or self-represented party and schedule a CRC. If a
                 party intends to request a long cause hearing at the law and motion calendar, all
                 parties shall be prepared to go forward with the hearing in the event the Court
                 denies the request, or be prepared to address temporary orders pending the long
                 cause hearing. Attorneys or self-represented parties shall notify the Court of an
                 intended request or agreement to schedule a long cause hearing at the earliest
                                                 23
RULE 5 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                          FAMILY RULES
                 opportunity and no later than 9:00 a.m. on the court day before the scheduled law
                 and motion hearing.
(Eff. 1/01/13)
           I.    MATTERS TAKEN OFF CALENDAR OR RESOLVED BEFORE
                 HEARING
(Eff. 1/01/11)
                 (1)    After service of the moving papers, no matter shall be taken off calendar
                        without notice to the responding party. The responding party must agree to
                        take any matter off calendar when the responding party has requested
                        affirmative relief.
(Eff. 1/01/11)
                 (2)    Attorneys or self-represented parties shall notify the Court at the earliest
                        opportunity of any agreement or request to take a hearing off calendar or if
                        all issues to be considered at the hearing have been resolved. At least one
                        of the parties or counsel must leave a voicemail message for the
                        Courtroom Clerk that the hearing will be a “no-read” matter no later than
                        9:00 a.m. on the court day before the hearing. At the same time, a
                        voicemail message must be left for the Duty Clerk at (408) 534-5644, with
                        the caller’s name, the case name, number, hearing date and department,
                        and reason for the message. If a message is left that the parties have
                        agreed to continue the hearing, the parties should be prepared to proceed
                        with the hearing if the Court does not agree to continue the matter.
(Eff. 1/01/11)

           J.    DOCUMENTS
                 Except for documents that impeach the truthfulness of a party or witness, a party
                 shall provide a copy of each document to be offered to the Court before any
                 hearing to all counsel and self-represented parties. Parties shall bring to court
                 three copies of any document to be offered at the hearing. Parties shall also be
                 prepared to provide to the Court at the hearing copies of all pleadings, proofs of
                 service, and earlier orders.
(Eff. 7/01/12)
           K.    TIME ESTIMATES
                 At the hearing, parties shall provide the Court with reasonable and accurate time
                 estimates. If either party’s time estimate is exceeded, the Court may, in its
                 discretion, rule without further hearing, defer the matter to the end of the calendar
                 if time permits, continue the matter, declare a mistrial for the hearing, or order the
                 matter off calendar.
(Eff. 1/01/11)
           L.    CONTEMPT
                 (1)    APPOINTMENT OF COUNSEL
                        If a party cited for contempt appears without an attorney, one continuance
                        will be granted to permit the citee to retain counsel or if indigent, to be
                        referred to the appropriate office to determine financial eligibility and
                        representation. The citee will be ordered to attend the continued hearing.
(Eff. 1/01/11)


                                                  24
RULE 5 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                 (2)    ORDERS
                        After the contempt hearing, the moving party shall prepare an order for the
                        Court’s signature, using the Judicial Council form, setting forth the
                        Court’s findings and orders. If the citee is self-represented, the moving
                        party shall submit the order directly to the Court, without the citee’s
                        approval as to form and content. A copy of the proposed order shall be
                        provided to the other party at the same time it is sent to the Court. If the
                        citee is taken into custody at the conclusion of the hearing, the order shall
                        be filed before 4 p.m. the next court day.
(Eff. 1/01/11)
           M.    TENTATIVE RULINGS IN FAMILY LAW AND MOTION MATTERS
                 For judges choosing to issue tentative rulings in law and motion matters, tentative
                 rulings will be posted on the day of the hearing, or announced orally at the time of
                 oral argument.
(Eff. 7/01/09)

RULE 6           CASE MANAGEMENT, CASE STATUS CONFERENCE (STATUS
                 CONFERENCE), SETTLEMENT,      FAMILY CENTERED    CASE
                 RESOLUTION (CRC), LONG CAUSE HEARINGS AND TRIALS
(Eff. 1/01/13)
           A.    PURPOSE
                 The purpose, definitions, and goals of the CRC and Status Conference are set
                 forth in Family Code §§ 2450, 2451, and Cal. Rules, Rule 5.83. Until final
                 disposition of the case, the parties must participate in a review of the case at a
                 Status Conference or a CRC at least every 180 days in order to determine the
                 most appropriate next steps to help ensure an effective, fair, and timely resolution.
                 At each Status Conference, SOC or CRC, a further date for review will be
                 scheduled, unless judgment has been entered.
(Eff. 1/01/13)
           B.    CASE STATUS CONFERENCE (STATUS CONFERENCE)
                 (1)    CALENDAR
                        a.      In any Dissolution, Nullity, Legal Separation, Termination of a
                                Domestic Partnership, Custody and Support, or Uniform Parentage
                                Act case:
                                i.      When the Petition is filed, the Clerk of the Court shall set
                                        an initial Status Conference in approximately 120 days, by
                                        completing a Family Law Notice (attached form FM-1050)
                                        with the Status Conference date and APJ assignment. The
                                        Petitioner shall serve a copy of the Family Law Notice on
                                        Respondent at the same time the Petition is served.
                                ii.     If a Response is filed before the initial Status Conference,
                                        the Court shall mail a Family Law Notice form to all
                                        parties in order to provide further notice of the initial Status

                                                  25
RULE 6 – con’t         SUPERIOR COURT OF CALIFORNIA
                          COUNTY OF SANTA CLARA
                                  FAMILY RULES
                                Conference. If a Response is filed after the initial Status
                                Conference, and the next Status Conference is set more
                                than 90 days after the Response is filed, the Court will
                                advance the Status Conference to a date that is between 30
                                and 60 calendar days after the Response is filed. The
                                Calendar Clerk shall mail a notice of the new Status
                                Conference date if one is set.
                         iii.   The purpose of the Status Conference will be to consider
                                the completion of the procedural milestones described in
                                Cal. Rules, Rule 5.83(c)(4). In marital or domestic
                                partnership cases, if the Petition has been served and proof
                                of service filed, a Response has been filed or default
                                entered, and Preliminary Declarations of Disclosure served,
                                any party may file a Request and Order to Change Status or
                                Case Resolution Conference Date (Attachment FM-1059)
                                and request any of the following: 1) a new Status
                                Conference date; 2) an SOC and Status Conference; or 3) a
                                Family Centered Case Resolution Conference (CRC). In
                                any action, if a final and complete judgment has been
                                entered, the Status Conference will be cancelled.
                         iv.    If the procedural milestones described in Cal. Rules, Rule
                                5.83(c)(4) have not yet been met, the Status Conference
                                will only be continued for no more than 60 days on a
                                sufficient showing of diligence by the Petitioner.
                  b.     On request of either party or on the Court’s own motion, the Court
                         may set any matter for a Status Conference at any time, or at the
                         Court’s discretion, order the parties to attend a CRC.
            (2)   ORDERS AT STATUS CONFERENCE
                  At a Status Conference, the Court will review the status of the case and
                  progress toward efficient resolution. At any Status Conference, the Court
                  may:

                  a.     Refer appropriate cases to arbitration or mediation, Early Neutral
                         Evaluation (ENE), or a Settlement Officer Conference (SOC);
                  b.     Inform the parties of procedural steps to reach disposition in the
                         case;
                  c.     Set time limits and deadlines for service of process and filing proof
                         of service, entry of default, service of preliminary declarations of
                         disclosure, submission of judgment, or filing a request for trial;
                  d.     Appoint an attorney for a minor child upon stipulation, or schedule
                         a hearing to appoint a child’s attorney and/or make a fee
                         allocation;
                                          26
RULE 6 – con’t         SUPERIOR COURT OF CALIFORNIA
                          COUNTY OF SANTA CLARA
                                 FAMILY RULES
                  e.    Set or reset trials, settlement conferences, or hearings, including
                        bifurcating issues for trials;
                  f.    Order further Status Conference;
                  g.    Determine that the case requires a Family Centered Case
                        Resolution Conference (CRC) under the factors described in Cal.
                        Rules, Rule 5.83(c)(7) and schedule a CRC;
                  h.    Take any other actions permitted by law that would promote a just
                        and efficient disposition of the case.
            (3)   ATTENDANCE
                  a.    Attorneys and self-represented parties shall attend each Status
                        Conference unless excused in advance by the Court, the case has
                        been dismissed, or a Judgment resolving all issues has been
                        entered. An initial Status Conference will be continued if an SOC
                        is calendared before the Status Conference. Parties represented by
                        an attorney do not have to attend a Status Conference unless
                        ordered by the Court to appear.
                  b.    In accordance with Cal. Rules, Rule 3.670, the Court has
                        contracted with CourtCall, LLC, to provide teleconferencing
                        services for Status Conference and CRC appearances, except for
                        cases before a Child Support Commissioner. At least 10 calendar
                        days before the scheduled Status Conference or CRC, an attorney
                        or party must contact CourtCall at (888) 88-COURT to arrange the
                        telephonic appearance and pay the required fee for CourtCall’s
                        service. On the day of the Status Conference or CRC, those
                        appearing by telephone must call the toll-free teleconference line
                        designated by CourtCall at least five minutes before the Status
                        Conference or CRC. On a case by case basis, the Court may
                        require personal attendance at any Status Conference or CRC.
                  c.    Any self-represented litigant who wants assistance from the
                        Court’s Self-Help Center on the day of the Status Conference or
                        CRC must appear in person.
                  d.    If no party appears at a scheduled Status Conference without
                        advance excuse by the Court, a further Status Conference will be
                        scheduled in approximately 180 days. The Calendar Clerk shall
                        mail a notice of the Status Conference, notifying the parties if they
                        fail to appear in Court, the case may be subject to dismissal. A
                        third failure to appear at a scheduled Status Conference or CRC
                        will lead to notice sent by the Calendar Clerk that unless steps are
                        taken by the parties to pursue the case, the case will be subject to
                        dismissal. No further Status Conference will be scheduled unless


                                         27
RULE 6 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                       FAMILY RULES
                              one of the parties schedules a hearing, Status Conference, or takes
                              other action to pursue the case.
                       e.     Alternative Dispute Resolution (ADR): Parties who file a Request
                              to Change Status or Resolution Conference Date (Attachment FM-
                              1059) prior to the Status Conference or CRC indicating they are
                              participating in ADR and actively negotiating or mediating their
                              case will be exempt from the Status Conference or CRC for 180
                              days, and a new Status Conference will be set in approximately
                              180 days. If a judgment or dismissal is not filed within 180 days
                              of the filing of Attachment FM-1059, the Court will proceed with
                              the Status Conference.
                       f.     Reconciliation: Parties who file a Request to Change Status or
                              Resolution Conference Date (Attachment FM-1059) prior to the
                              CRC or Status Conference indicating they are attempting
                              reconciliation will be exempt from the Status Conference or CRC
                              for 180 days, and a new Status Conference will be set in
                              approximately 180 days. If a judgment or dismissal is not filed
                              within 180 days of the filing of the Attachment FM-1059, the
                              Court will proceed with the Status Conference.
      (Eff. 1/01/13)

      C.         SETTLEMENT OFFICER CONFERENCE (SOC) AND CASE STATUS
                 CONFERENCE
                 (1)   PURPOSE
                       At an SOC and Status Conference, the Family Court Settlement Officer
                       (FCSO) or temporary judge will assist the parties to settle all non-custody
                       or visitation issues or to streamline the issues for trial. The Court may
                       also appoint the FCSO as a discovery special master or case manager. The
                       FCSO will conduct a Status Conference to address any outstanding
                       procedural milestones that have not been met, and has discretion to set
                       return SOC appointments. If the case does not settle and no further SOC
                       appointment is set, the FCSO will set the matter for a Status Conference
                       with the APJ, or if the case requires a CRC under Family Code §
                       2451(a)(2) and Cal. Rules, Rule 5.83(c)(7), the FCSO will schedule a
                       CRC with the APJ, on a date convenient to the parties and the Court, but
                       in no event more than 180 days after the completion of the SOC. Parties
                       attending an SOC will have satisfied the requirement to attend a Status
                       Conference for that 180 day period. Another Status Conference, SOC, or
                       CRC will be scheduled at the conclusion of the SOC to meet the
                       scheduling requirements for the next 180 day period.
                 (2)   CALENDAR
                       a.     Attorneys or self-represented parties may agree to request an SOC
                              by submitting a letter to the Calendar Clerk at any time, no later
                                               28
RULE 6 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        FAMILY RULES
                              than 40 calendar days before the Mandatory Settlement Conference
                              (MSC).
                       b.     A party may also request an SOC when filing a Request for Trial
                              (attached form FM-1012).
                       c.     The Court may order the parties to an SOC, even over an
                              objection, at any time.
                 (3)   PROCEDURES
                       a.     Preliminary Declarations of Disclosure shall be served by all
                              parties within the time frame specified in Cal. Rules, Rule 5.83,
                              and in all cases at least 10 days prior to the SOC.

                       b.     All attorneys and parties shall attend the SOC in person, although
                              the Court may permit parties to attend by telephone or video
                              conference by advance order.
                       c.     No Settlement Conference Statement is required at the SOC, but
                              the parties should have available all necessary information.
(Eff. 1/01/13)
           D.    REQUEST FOR TRIAL
                 (1)   Trials may be requested at a Status Conference, at a CRC, or in a filed
                       Request for Trial, a local form that is not required. (See attached form
                       FM-1012.) A Request for Trial, however, shall not be used for trials on
                       custody or visitation issues or Domestic Violence Prevention Act
                       restraining orders. After the Request for Trial is filed, the Court will
                       schedule a CRC.
                 (2)   If one party files a Request for Trial and the other party contends that the
                       matter is not ready for trial or disagrees with the time estimate, that party
                       must file a Request for Trial form (Attachment FM-1012), explaining that
                       disagreement.
(Eff. 1/01/13)

           E.    FAMILY CENTERED CASE RESOLUTION CONFERENCE (CRC)
                 (1)   CALENDAR
                       a.     In any Dissolution, Nullity, Legal Separation, Termination of a
                              Domestic Partnership, Custody and Support, or Uniform Parentage
                              Act case, a CRC may be scheduled as follows: 1) at the direction
                              of the Court at any time; 2) at the request of the FCSO; 2) at the
                              request of the FLFO; 3) at the request of a party approved by the
                              Court; or, 4) following a Request for Trial.
                       b.     In deciding that a case requires a CRC, the Court should consider,
                              in addition to procedural milestones, the factors described in Cal.
                              Rules, Rule 5.83(c)(7).
                                                29
RULE 6 – con’t         SUPERIOR COURT OF CALIFORNIA
                          COUNTY OF SANTA CLARA
                                  FAMILY RULES

                  c.     In order to change the date of a CRC in advance without attending,
                         attorneys or self-represented parties must complete and submit a
                         Request and Order to Change Case Status or Resolution
                         Conference Date (Attachment FM-1059) at least 10 calendar days
                         before the CRC. Appearance at the CRC is required unless the
                         judicial officer approves the change.

            (2)   FAMILY CASE CENTERED CASE RESOLUTION PLAN
                  (FCCRP) ORDERS AT CRC
                  At a CRC, the Court will review the status of the case and progress toward
                  efficient resolution. At any CRC, the Court may:

                  a.     Make any of the orders that could be made at a Status Conference;
                  b.     Limit, schedule, or expedite discovery, including the disclosure of
                         expert witnesses;
                  c.     Appoint court experts upon stipulation and allocate their expenses,
                         or schedule a hearing for appointment of Court experts and the
                         allocation of the expenses;
                  d.     Appoint an attorney for a minor child upon stipulation or schedule
                         a hearing on the appointment and the fee allocation;
                  e.     Order or review a Family Centered Case Resolution Plan in
                         accordance with Family Code §§ 2450 and 2451;
                  f.     Set or reset trials, settlement conferences, or hearings, including
                         bifurcating issues for trials;

                  g.     Make orders relating to subpoenas issued to Family Court Services
                         personnel;
                  h.     Order further Status Conference or CRC; and
                  i.     Take any other actions permitted by law that would promote a just
                         and efficient disposition of the case.
            (3)   ATTENDANCE
                  a.     Attorneys and self-represented parties shall attend each CRC
                         unless excused in advance by the Court, the case has been
                         dismissed, or a Judgment resolving all issues has been entered.
                         The Court may permit parties to attend by telephone by advance
                         order as provided above in Rule 6(B)(3)b. Parties represented by
                         an attorney do not have to attend a CRC unless ordered by the
                         Court to appear.


                                          30
RULE 6 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        FAMILY RULES
                       b.     If the Court determines that appearances at a CRC are not
                              necessary, the Court may notify the parties and, if stipulated, issue
                              a FCCRP order without an appearance at a conference.
                 (4)   STATUS   OR             CASE         RESOLUTION            CONFERENCE
                       QUESTIONNAIRE
                       If a party requests a trial or long cause hearing, each self-represented party
                       or attorney shall file and serve on the other self-represented party or
                       attorney a completed Status or Case Resolution Conference Questionnaire
                       (attached form FM-1010) at least 10 calendar days before any scheduled
                       Status Conference or CRC. If no trial or long cause hearing has been
                       requested, the Questionnaire (Attachment FM-1010) is optional. If a
                       Questionnaire is filed by a party, that party shall bring two copies of his or
                       her Questionnaire to the Status Conference or CRC.
(Eff. 1/01/13)
           F.    MANDATORY SETTLEMENT CONFERENCE (MSC)
                 (1)   CALENDAR
                       a.     An MSC shall be set in all family law cases set for trial. An MSC
                              may be set for any long cause hearing. The MSC shall be
                              conducted approximately two weeks before trial or hearing. Family
                              law matters are usually set for an MSC and trial or long-cause
                              hearing at Status Conference, CRC, or a Custody Settlement
                              Conference.
                       b.     Once a trial (or long cause hearing) and MSC are set, no
                              continuances will be granted except upon noticed motion for good
                              cause. The parties may stipulate that the matter may go off
                              calendar subject to Court approval, by notifying the clerk of the
                              APJ and the calendar secretary at least one week before the
                              scheduled trial date or MSC. Any case that has been taken off the
                              trial calendar by stipulation, can be restored to the trial calendar
                              either by noticed motion or by requesting a further Status
                              Conference or CRC.
                 (2)   MANDATORY ATTENDANCE
                       All parties shall attend the MSC fully prepared for trial on all calendared
                       unresolved issues. Attorneys shall hold at least one face-to-face or
                       telephone settlement discussion and have made a full exchange of all
                       relevant information before the MSC. If a party lives outside of
                       California, the Court may exempt that party from appearing if requested in
                       advance, and (1) the party is available on telephone standby and (2) the
                       other party has been previously notified by letter.




                                                31
RULE 6 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                 (3)    SETTLEMENT CONFERENCE STATEMENT
                        At least 10 calendar days before the MSC, or 15 calendar days if service is
                        by mail, each party shall file and serve on the other party a Settlement
                        Conference Statement. If the case has been previously set for an MSC, the
                        Settlement Conference Statement previously filed may be resubmitted by
                        letter. The Settlement Conference Statement shall contain detailed
                        statements of the party’s position on each issue to be decided at the long
                        cause hearing or trial. If some issues were previously resolved, the
                        Settlement Conference Statement shall describe that resolution and refer to
                        any filed supporting documents. If attachments to the Settlement
                        Conference Statement collectively exceed 20 pages, the attachments
                        should be lodged with the Court separately from the Statement, and will
                        be returned to the party at the conclusion of the MSC.
(Eff. 1/01/13)

           G.    FAMILY LAW JUDICIAL SETTLEMENT PROGRAM
                 Parties may apply at the earliest opportunity to participate in a settlement session
                 with a sitting judicial officer who has agreed to participate in the program. The
                 program is governed by the following rules:
                 (1)    ELIGIBILITY/CRITERIA FOR PARTICIPATION
                        a.      The case will consume significant court resources, and would be
                                set for a lengthy trial in the Civil Division.
                        b.      The parties and their attorneys represent in good faith that they
                                desire to resolve the case, and that they agree to participate in a
                                settlement session with an agreed-upon judicial officer.
                        c.      The parties are prepared to complete a settlement session as soon
                                as the case is accepted into the program.
                        d.      The Court has obtained jurisdiction over all necessary parties so
                                that a resolution resulting from a settlement session will be final.

                        e.      The Supervising Family Judge accepts the case for the program
                                despite the failure to satisfy one or more of the above-stated
                                criteria.
                        f.      This settlement program may not be appropriate in cases involving
                                domestic violence. If requested in such cases, the Settlement
                                Judge may schedule separate sessions with the parties, or provide
                                separate locations for the parties during the session.
                 (2)    PROCEDURE
                        a.      Application must be made on the Family Law Judicial Settlement
                                Program Stipulation and Order form (See attached form FM-1119).
                                The application must be signed by all counsel and self-represented
                                                  32
RULE 6 – con’t         SUPERIOR COURT OF CALIFORNIA
                          COUNTY OF SANTA CLARA
                                 FAMILY RULES
                        parties. The All-Purpose Judge (APJ) also may request that certain
                        cases apply to the program, with the agreement of all parties and
                        counsel.
                  b.    The application must be submitted to and approved by the Family
                        Supervising Judge.
                  c.    When the application is approved, counsel and/or self-represented
                        parties must promptly contact the department of the judge selected
                        to conduct the settlement session, to schedule the session.
                        Settlement sessions will be conducted on a day selected by the
                        Settlement Judge.

                  d.    When the application is approved, all law and motion and
                        discovery proceedings shall be stayed until completion of the
                        settlement session, except as otherwise agreed by the parties or
                        ordered by the Court.
            (3)   TIMELINE
                  a.    The settlement session shall commence within 30 days of approval
                        of the application, and shall be completed no later than 60 days
                        after approval of the application, except as otherwise ordered by
                        the Court.
                  b.    The case will be set for Settlement and Case Status Review
                        approximately 70 days after approval of the application with the
                        APJ.
            (4)   PERSONS ATTENDING/STATEMENTS
                  a.    Lead trial counsel, parties, and persons with full authority to settle
                        the case must personally attend the settlement session, unless
                        excused by the Settlement Judge for good cause. If financial issues
                        are to be discussed, the parties shall bring their financial experts to
                        the settlement session, unless excused by the Settlement Judge for
                        good cause. The financial experts shall confer prior to the
                        settlement session to identify areas of agreement and/or
                        disagreement. If any consent to settle is required for any reason,
                        the person or persons with that consensual authority must be
                        personally present at the settlement session, unless excused by the
                        Settlement Judge for good cause.
                  b.    Counsel and self-represented parties must submit to the Settlement
                        Judge and serve on all parties, but not file, full written statements
                        of their position regarding settlement no later than five calendar
                        days before the settlement session.



                                          33
RULE 6 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                          FAMILY RULES
                 (5)    SETTLEMENT CONFERENCE
                        a.      A settlement conference conducted under the Family Law Judicial
                                Settlement Program is conducted under Family Code § 2451.
                                There is no provision for confidentiality of communication, unless
                                otherwise provided in Evidence Code § 1152 (a) or other legal
                                authority.
                        b.      If a settlement session before the Settlement Judge results in either
                                a full or a partial settlement, the agreement shall be reduced to
                                writing by the parties. Although the parties may place their
                                agreement on the record, the Settlement Judge will not expand on
                                or interpret any incomplete term of the settlement placed on the
                                record if the parties are unable to finalize a written agreement after
                                the settlement session. The parties may stipulate that the Court
                                shall retain jurisdiction over them to enforce the settlement,
                                pursuant to Code of Civil Procedure § 664.6.
                 (6)    FURTHER COURT PROCEEDINGS
                        a.      The Settlement Judge shall be subject to the provisions of
                                Evidence Code § 703.5
                        b.      At the conclusion of the settlement session, and with notice to the
                                parties, the Settlement Judge may report in writing to the APJ
                                whether all or part of the case has settled, and/or make
                                recommendations as to the process by which some or all of the
                                remaining issues in the case may be most expeditiously resolved.
(Eff. 1/01/13)

RULE 7           DUTIES OF THE FAMILY LAW FACILITATOR
(Eff. 1/01/11)
                 In addition to the duties mandated by the Family Law Facilitator Act, Family Code
                 § 10000 et. seq., the Family Law Facilitator shall have the following duties:
(Eff. 1/01/10)
                 A.     Meeting with litigants to mediate issues of child support, spousal or
                        partner support, and maintenance of health insurance, subject to Family
                        Code § 10012.
(Eff. 1/01/11)
                 B.     Drafting stipulations, which may include issues other than those specified
                        in Family Code § 10003. If the parties are not able to resolve issues with
                        the assistance of the Family Law Facilitator, the Facilitator, before or at
                        the hearing, and at the Court’s request, shall review documents, prepare
                        support schedules, and advise the Court whether the matter is ready to
                        proceed.
(Eff. 1/01/11)
                 C.     Assisting the clerk in maintaining records.

                 D.     Preparing orders documenting the Court’s announced order where both
                        parties are self-represented or in those cases with one attorney where the

                                                   34
RULE 7 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        FAMILY RULES
                       Court refers the self-represented party because the order benefits that
                       party.
(Eff. 1/01/11)
                 E.    Serving as a special master and making findings to the Court, unless the
                       Facilitator has served as a mediator in the case.
(Eff. 1/01/11)
                 F.    Participating in the operation of the Family Court Clinic, including the
                       training and supervision of volunteers.
(Eff. 1/01/11)

RULE 8           DEFAULT OR UNCONTESTED JUDGMENT
           A.    GENERAL POLICY
                 (1)   Where a Judgment of Dissolution, Nullity or Legal Separation of spouses
                       in a marriage or partners in a domestic partnership is sought to be obtained
                       by written agreement of the parties after a response has been filed
                       (uncontested), or by default, the declaration provisions of the Family Code
                       may be used.
                       NOTE:      Judgments of Nullity of Marriage or Nullity of a Domestic
                                  Partnership require a Court hearing.
(Eff. 1/01/05)
                 (2)   Generally uncontested and default family law judgments shall be obtained
                       by declaration. However, a hearing may be set upon request of a party or
                       by Court order.
(Eff. 1/01/98)
           B.    JUDGMENT BY DEFAULT
                 (1)   Unless the Court orders otherwise, a default will not be entered based on
                       notice and acknowledgment of receipt signed by a person other than the
                       party to whom it is directed.
                 (2)   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. 1/01/08)
                 (3)   The signatures on any written agreement between self-represented parties
                       which is submitted to the Court as part of a judgment shall be notarized in
                       accordance with the rules of the jurisdiction in which the agreement is
                       signed, the signature shall be authenticated by a member of the bar, or it
                       shall be signed or acknowledged in open court.
(Eff. 1/01/02)

           C.    REQUIRED DOCUMENTS
                 (1)   A Family Law Judgment Checklist (attached Form FM-1052) or Family
                       Law Parentage Judgment Checklist (attached Form FM-1053) must be
                       completed and filed with any proposed default or uncontested judgment


                                                35
RULE 8 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        FAMILY RULES
                       that is submitted to the Clerk’s Office pursuant to Family Code § 2336.
                       All documents described in those checklists must also be submitted.
(Eff. 7/1/08)
           D.    CHILD CUSTODY AND VISITATION
                 (1)   If Petitioner is asking for a default Judgment in a dissolution, legal
                       separation, or nullity of a marriage or domestic partnership, or in a
                       parentage or custody and support case, and has a child with the other
                       parent and one or more of the following apply:
                       a.     does not already have a custody and visitation order,
                       b.     did not file a Child Custody and Visitation Application Attachment
                              (FL-311) or a specific proposed order with the Petition and wishes
                              to modify the custody and visitation requests made in the Petition,
(Eff. 1/1/13)
                       c.     does not already have a Marital Settlement Agreement or
                              Stipulated Judgment,
                       then Petitioner may complete, file, and serve by mail or in person a
                       Declaration for Default Custody and Visitation Orders (Attachment FM-
                       1025, form approved for optional use) at least 15 calendar days before the
                       Judgment is submitted as additional support for any requested orders.
(Eff. 1/1/13)
                 (2)   If the optional form FM-1025 is used, the filed Declaration and proof of
                       service shall be submitted to the Court with any proposed judgment.
(Eff. 1/1/13)
                 (3)   If Petitioner is obtaining the Judgment by a default hearing, the Petitioner
                       should be prepared to talk about the factors identified in the Declaration at
                       the default court hearing.
(Eff. 1/1/13)
           E.    CHILD SUPPORT
                 (1)   Where judgment is obtained by default and there is no attached written
                       agreement concerning child support, an attached declaration shall state the
                       effective date of the order sought, the amount of support sought per child
                       and in total, the gross and net income of each party, the name and birth
                       date of each child, and the amount of support for each child as calculated
                       according to the California child support guidelines. A computerized
                       printout of the guideline calculations, including the findings page, may be
                       substituted for the support portion of this declaration.
(Eff. 1/01/02)
                 (2)   Where a child support order is sought and the party to whom support is to
                       be paid is receiving public assistance or the Department of Child Support
                       Services (DCSS) is enforcing existing child support orders, that fact shall
                       be set out in the Judgment and the issue shall be reserved for enforcement
                       by DCSS. The party shall further list the court case number of the DCSS
                       action, if known.
(Eff. 1/01/07)



                                                36
RULE 8 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
           F.    REAL PROPERTY
                 All real property referred to in a judgment shall be described by its complete
                 common address and/or legal description.
(Eff. 1/01/98)

           G.    RESTORATION OF NAME
                 Restoration of a party’s former name shall be ordered in a judgment only upon
                 that party’s written request or request in open court.
(Eff. 1/01/98)

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)
           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.




                                                 37
RULE 9 – con’t             SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                       FAMILY RULES

                 (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)




                                              38
                             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)




                                                 39
                              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


                                                   40
                               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)
                                                   41
                              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)




                                                  42
                        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-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-1000
 AUTHORIZED FAX FILER                                                                    FOR COURT USE ONLY




                                                                                   To keep other people from
                                                                                   seeing what you entered on
                                                                                   your form, please press the
 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA                               Clear this Form button at the
          STREET ADDRESS:                                                          end of this form when
         MAILING ADDRESS:
                                                                                   finished.
        CITY AND ZIP CODE:
             BRANCH NAME:       Family Court

     PLAINTIFF/PETITIONER:

 DEFENDANT/RESPONDENT:

                                                                               CASE NUMBER:

    DOMESTIC VIOLENCE FACSIMILE TRANSMISSION COVER SHEET


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:



FM-1000 REV 1/01/09          DOMESTIC VIOLENCE FACSIMILE TRANSMISSION COVER SHEET                              Page 1 of 1
                                                 (FAX FILING)
                                                                                                       ATTACHMENT FM-1010
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS)                 TELEPHONE NUMBER:                FOR COURT USE ONLY




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:

     STATUS OR CASE RESOLUTION CONFERENCE QUESTIONNAIRE                                    CASE NUMBER:
      Dissolution                     Nullity
                                                                                           DEPARTMENT NUMBER:
      Legal Separation                Domestic Partnership
      Parentage                       Other Family Law: ____________________               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:_________________________________________

_______________________________________________________________________________
       STATUS AND CASE RESOLUTION CONFERENCE QUESTIONNAIRE              REV. 1/01/13
                                                                                                          ATTACHMENT FM-1010
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


 _______________________________________________________________________________
        STATUS AND CASE RESOLUTION CONFERENCE QUESTIONNAIRE              REV. 1/01/13
                                                                                                               ATTACHMENT FM-1012
 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):               TELEPHONE NUMBER:                     FOR COURT USE ONLY



                                                                                                    To keep other people from
                                                                                                    seeing what you entered on your
 ATTORNEY FOR (Name):
                                                                                                    form, please press the Clear
                                                                                                    This Form button at the end of
 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA                                                the form when finished.
           STREET ADDRESS:
           MAILING ADDRESS:
         CITY AND ZIP CODE:
               BRANCH NAME:            Family Court

     PLAINTIFF/PETITIONER:

 DEFENDANT/RESPONDENT:

 OTHER PARENT/CLAIMANT:

                                 REQUEST FOR TRIAL                                              CASE NUMBER:
                                        (Family Law)
      Dissolution                       Nullity
                                                                                                DEPARTMENT NUMBER:
      Legal Separation                  Other Family Law: ____________________
      Parentage


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.

FM-1012 REV 1/1/07                                         REQUEST FOR TRIAL                                                         Page 1 of 2
                                                              (FAMILY LAW)
                                                                                              ATTACHMENT FM-1012

                                  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
California that the information above is true and correct.



Date                      Server prints name here                           Server signs name here




                                                     Clear This Form




FM-1012 REV 1/1/07                                  REQUEST FOR TRIAL                                       Page 2 of 2
                                                       (FAMILY LAW)
                                                                                                        ATTACHMENT FM-1013
 NAME AND ADDRESS OF PARTY OR ATTORNEY FOR PARTY:                     TELEPHONE NUMBER:                 FOR COURT USE ONLY




  ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
           STREET ADDRESS:
           MAILING ADDRESS:          191 North First Street
 CITY, STATE AND ZIP CODE:           San Jose, CA 95113
               BRANCH NAME:          Family Court
                                                                                          CASE NUMBER:
      PLAINTIFF/PETITIONER:

  DEFENDANT/RESPONDER:

                                                                                          DEPARTMENT NUMBER:
 DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDERS
                                                                                          FCS NUMBER:

 I, the undersigned, declare:
 1.      I am (choose one):
                (1)   attorney for Petitioner                 attorney for Respondent            attorney for child(ren)
                (2)   self-represented Petitioner             self-represented Respondent
                (3)   other (explain):
 2.      The opposing party or minor child(ren) is represented by an attorney:           Yes       No
         (If you checked “yes”, fill in the attorney’s name, address, and telephone number. If you checked “no”, fill in the
         other party’s name address, and telephone number.
         Party/Attorney name:
         Address/Telephone number:
         Child’s attorney name and address:
 3.      OTHER CASES: Have the parties to this case been involved in another Family, Probate Juvenile, or Criminal
         Court Case? Yes      No If there has been another case, fill in the case number:
 4.      NOTICE
         A.    I HAVE given notice to the opposing party and/or their attorney by the following method:
                   Personal delivery       Fax        Overnight Carrier     First Class Mail   Other:
               Date:                           Time:
               I have received confirmation that the other party has received my papers as follows: (Check one below)
                    In person/telephone (describe):
                    Confirmation of receipt.
         B.    I HAVE NOT given notice of the ex parte request for orders because (Check all that apply. You
               must explain below):
                    This is an application for Domestic Violence Prevention Act (DVPA) restraining orders.
                   Great or irreparable injury will result to me before the matter can be heard on notice.
                   It is impossible to give notice.
                   The other party agrees to the orders requested.
                   Other:
         C.        Explanation:
                      A hearing between the parties is already set I am asking that this motion be heard at the same time.
                      I am unable to serve the other party 21 days before the hearing.
                      I fear for my physical safety (and that of my children, if applicable).
                      Other:
 I declare under penalty of perjury that the forgoing is true and correct.


 Date                                       Signature of Declarant                                       Print Name


FM-1013 Rev. 01/01/10      DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDERS                                         Page 1 of 2
                                                                                ATTACHMENT FM-1013
                                            INSTRUCTIONS

Please refer to Superior Court of California, County of Santa Clara County Local Rule 3 5 B for
more information

This form is required in Santa Clara County, if you are asking the Judge to make immediate orders
without the other party being present for a hearing. These orders are called ex parte orders. This
form must be completed in any case where ex parte orders are requested. If you have given notice to
the other side of your case, you must state the form of notice given. Notice means providing the
other side of the case, either the attorney or a self-represented party, with copies of any papers that
you want the Judge to review and any orders that you are requesting. If you have not given notice,
you must explain why you have not given notice. There are some circumstances when notice may be
waived, such as cases involving allegations of domestic violence where the safety of a party or a child
might be at risk if notice is given. It is up to the Judge in your case to determine whether notice will
be required or not.
SECTION #1
State whether you are the Petitioner or the Respondent in the case. Once a case is filed, the parties
keep the same status in the case. You do not change from the Respondent to the Petitioner by filing
a new motion in the case. If you do not have an attorney, you are considered self-represented.
SECTION #2
If the other party is represented by an attorney, you must provide the Court with the attorney’s name
and address. If the other party is not represented by an attorney, you must provide the Court with the
other party’s address.
SECTION #3
It is very important to list all other cases in which you and the other party have been involved with the
courts. This would include other Family Law, Probate, Juvenile, Restraining Order, Child Support,
Civil, or Criminal matters. If you do not have the case number, please put unknown and list the
county and the year of the filing, if possible.
SECTION #4A
Unless notice is excused by the Court, you must provide notice of this motion to the other
party before you deliver a copy to the Court. When you give such notice, specify how you did
it (by fax, courier, or personally, for example) and at what time and date. Also, please explain
how you know that the other side received copies of your papers and what response you were
given.
SECTION #4B
If you did not give notice of this application, explain why in this section. Check as many
boxes as apply. You may also write out any further explanation of your reasons for not giving
notice.

After this form is completed, attach it to your motion (or other ex parte request) and submit them to
the Court Specialist’s Office at the Family Court Facility where you are dropping off your paperwork
for review.



FM-1013 Rev. 01/01/10   DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDERS                 Page 2 of 2
                                                                                                    ATTACHMENT FM-1016
 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (NAME AND ADDRESS):      TELEPHONE NUMBER:                 FOR COURT USE ONLY




 ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
                 MAILING ADDRESS:
                  STREET ADDRESS:     191 North First Street
     CITY, STATE AND ZIP CODE:        San Jose, CA 95113
                       BRANCH NAME:   Family Court

            PLAINTIFF/PETITIONER:

        DEFENDANT/RESPONDENT:

                                                                                    CASE NUMBER:
                JUDICIAL CUSTODY CONFERENCE STATEMENT
                       (Custody / Visitation / Timeshare)                           FCS NUMBER:               APJ:


DATE:                                        TIME:                                    DEPARTMENT:

                                                               NOTICE
Prior to the date set for a Judicial Custody Conference, all parties must confer regarding any remaining custody or
visitation disputes, unless existing restraining orders prohibit such a discussion. This completed form shall be served
on the opposing party/counsel and the attorney for the minor children, if any, and mailed or delivered to the Superior
Court Clerk, 170 Park Avenue, San Jose, CA 95113 or 301 Diana Avenue, Morgan Hill, CA 95037 or 605 W. El
Camino Real, Sunnyvale, CA 94087, to be filed at least 10 calendar days before the date of the Judicial Custody
Conference.
a. Attorneys and parties representing themselves are to confer prior to completing this form. If there are restraining
     orders in place which prevent such communication and both parties are representing themselves, there is no
     requirement to confer. Each side must prepare and file a separate form.
b. Bring 2 filed copies of the completed form to the Judicial Custody Conference.
c. Please contact the Calendar Clerk immediately if the custody and visitation matters have settled, so that the
     appointment space may be filled by another case. Judicial Custody Conferences may be continued only once and
     only for good cause.
NOTE: ORDERS, INCLUDING MONETARY SANCTIONS, MAY BE ISSUED AGAINST YOU IF
YOU FAIL TO APPEAR AT A SCHEDULED JUDICIAL CUSTODY CONFERENCE.

Please answer the following questions:

1. Have all parties conferred regarding the remaining custody or visitation disputes?                  Yes           No
   If yes, how many discussions of settlement have occurred?
     If no, please explain:
2. Has the custody, visitation, or living arrangement of the children changed since mediation or the previous court
   custody order?         Yes         No
   If Yes, explain:


3. What are the specific issues or points of disagreement regarding custody or visitation that need to be addressed at
   the Judicial Custody Conference?




FM-1016 Eff. 1/01/10                  JUDICIAL CUSTODY CONFERENCE STATEMENT                                               Page 1 of 2
                                               (CUSTODY / VISITATION / TIMESHARE)
                                                                                             ATTACHMENT FM-1016

 PLAINTIFF/PETITIONER (Name):                                                         CASE NUMBER:

 DEFENDANT/RESPONDENT (Name):


4. Has either parent completed any programs, whether court ordered or otherwise, since mediation or previous court
   orders for custody? (This would include programs such as parenting classes, substance abuse treatment
   programs, domestic violence counseling, etc.) If so, please list:




5. Has any mental health professional assisted the parties or the children with the custody/visitation dispute? Please
   list the names, addresses, and telephone numbers of the professionals below and include marriage or divorce
   counseling, private mediation regarding custody, therapy, for the child, special master services. Please do not
   include individual therapy for a parent unless this was specifically ordered by the Court.




6. Please check if any of the following have occurred since the time of mediation or the previous court order:
               a.      Police intervention in the family.           Date:
               b.      Child Protective Services referral.          Date:
               c.      Screening at Family Court Services           Date:
               d.      Drug testing of either parent.               Date:
               e.      Arrests or criminal convictions.             Date:
     If any of the above have occurred, please explain further:




7. PLEASE ATTACH A DETAILED SUMMARY OF THE CURRENT SCHEDULE AND YOUR DETAILED DAY BY
   DAY PROPOSAL FOR THE CHILD(REN)’S SCHEDULE.



Dated:
                                                                  Signature of Party or Attorney for Party




                                                                  Type or Print Name of Party or Attorney




FM-1016 Rev. 1/01/10                JUDICIAL CUSTODY CONFERENCE STATEMENT                                    Page 2 of 2
                                          (CUSTODY / VISITATION / TIMESHARE)
                                                                                ATTACHMENT FM 1021


  Choices for Solving Legal Problems
       without a Court Hearing
                                       FAMILY COURT
                      Superior Court of California, County of Santa Clara


           Alternate Dispute Resolution is a CHOICE in Family Law Cases
“Alternative Dispute Resolution” (ADR) is a term used for ways you can solve problems without going
to a formal Court hearing with a Judge. Some choices are explained below. ADR can save you time
and money. With ADR you are likely to feel better about the legal process and how your case is
settled. You can often solve Family Law issues such as child custody, visitation, support, and
property division by agreement instead of by going to a Court hearing.

Except for custody and visitation mediation, ADR services are voluntary and can only be a part of your
case resolution plan if both parties choose to use these services.

All court-connected ADR providers that are a part of your case resolution plan have been trained to
assess and handle cases that may have domestic violence issues. Ask about separate sessions if
meeting separately from the other party will make you feel safer.

TYPES OF RESOLUTION PROCESSES:

Custody/Visitation Mediation – Free
California law says that if parents do not agree about custody and visitation issues, they must try to
settle the issues by going to Mediation. Mediation is a way for parents to meet with someone who
does not work for either side to try to agree about their children. Mediation can be done through the
Court at Family Court Services free or through a mediator you hire on your own. Mediation through
Family Court Services is a confidential process - the mediator will not go to a Court hearing to tell the
Judge what you or the other parent said in mediation. The mediator can help you and the other
parent talk about and decide issues such as how much time the child will spend with each parent, how
to best exchange the child, and other custody or visitation issues.

Parties must attend Orientation before Mediation if they have never been to Mediation before.
Orientation and Mediation may be scheduled by calling (408) 534-5760.

Personal Property Arbitration – Free
A volunteer attorney will decide how to divide your personal property, such as cars and furniture.
Both parties must agree to the arbitration or it must be ordered by the Court. The arbitrator writes up a
decision after each side presents his or her case. The arbitrations are held at the Family Court and
may be scheduled by calling (408) 534-5710.

Early Neutral Evaluation (ENE) - Free
A volunteer attorney will meet with parties who do not have their own attorneys. The attorney will help
them identify and understand what property issues they have and what court processes can help
them. The attorney is not either party’s attorney. This process is done by agreement only. You can
ask for an ENE at your Case Status Conference. A Case Status Conference may be scheduled by
calling (408) 534-5710.

                                       ALTERNATE DISPUTE RESOLUTION OPTIONS
                                                    (Family Law)
FM-1021 Rev.01/01/13
Superior Court of California, County of Santa Clara, Family Division
Settlement Officer Conference (SOC) - Free
The Court has a full-time Settlement Officer, whose job is to help parties settle their family law cases
free. The SOC focuses on solving property and support issues. The conference works best when
parties have given each other information in advance about their finances and how they think things
should be settled. An SOC can be set at any time after you have served the Preliminary Declarations
of Disclosure by calling (408) 534-5710.

Mediation
Mediation is a way to reach an agreement with the help of a person who is specially trained to help
resolve disagreements. The mediator can help the parties talk with each other clearly and think about
options for settlement. Mediators are usually attorneys hired by the parties but they are not the
attorney for either party. A mediator can help solve one issue or the whole case. Mediation is private
and confidential. Anything that is said or written in the mediation process by the parties is
confidential. The mediator may not talk about the case to the Court or anyone else unless the parties
agree. Agreements reached in mediation can become court orders if both parties agree.

Visit the Court website for a list of Family ADR providers:
http://www.scscourt.org/court_divisions/family/adr/family_adr_search.asp

Collaborative Law
In the collaborative law process, each party has a private attorney and each makes a commitment to
resolve any disagreements without going to court. The parties and their attorneys have a series of
private meetings to create solutions based on the needs of the parties. All parties and their attorneys
agree that if the parties cannot settle their case and/or if either party chooses to withdraw from the
process and go to court, the collaborative attorneys cannot represent these parties in court. If you are
interested in this approach, contact the Santa Clara County Bar Association ((408) 287-2557 or
www.sccba.com) and ask for names of attorneys from the Collaborative Law panel.

Visit the Court website for a list of Family ADR providers:
http://www.scscourt.org/court_divisions/family/adr/family_adr_search.asp

Arbitration and Private Judging
An arbitrator, usually an attorney hired by the parties, makes a decision after hearing information
presented by both parties. The arbitrator prepares a written decision which is sent to both parties and
the Court. The parties decide ahead of time whether the arbitration is binding or not. “Binding”
means that the arbitrator’s decision will be final. “Non-binding” means that the parties do not have to
follow the arbitrator’s decision.

Private judging, like arbitration, involves choosing a person, usually an attorney, to act as either a
settlement or trial judge or both. The decision of the private judge is filed with the Court as a Court
order. If you want to consider private judging, both sides must agree on the private judge: be sure
that you are clear on the experience and qualifications of the provider as well as the costs and
services that he or she will provide.

   The Court does not think any form of ADR or any ADR provider is better than another and
                       does not guarantee how your case will work out.




                                       ALTERNATE DISPUTE RESOLUTION OPTIONS
                                                    (Family Law)
FM-1021 Rev.01/01/13
Superior Court of California, County of Santa Clara, Family Division
                                                                                                       ATTACHMENT FM-1022
 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name and Address):     TELEPHONE NUMBER:                  FOR COURT USE ONLY




 FAX NUMBER:
 ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
 STREET ADDRESS:
 MAILING ADDRESS:             191 North First Street
 CITY, STATE & ZIP CODE:      San Jose, CA 95113
 BRANCH:                      Family Court

 PETITIONER:                                                                         APJ:

 RESPONDENT:                                                                         DEPT:

                                                                                     CASE NUMBER:
             APPLICATION FOR ORDER FOR PUBLICATION
                    OR POSTING OF SUMMONS



1.   Publication Request: I                               am the Petitioner in this case and request that the Court issue an
     order directing service of the Summons and Petition in the following newspaper:

     Newspaper for PUBLICATION:


              (Write in name of proposed newspaper where Respondent is most likely to receive actual notice)


2.   Posting Request: I                                                         am the Petitioner in this case and request
     that the Court issue an order directing service of the Summons and Petition at the location listed below. To
     request posting, you must file a Request to Waive Court Fees, FW-001. If the Court sets a hearing, at the hearing
     the Court may order service by Publication, if the Petitioner does not meet the Court’s financial criteria.

     Posting LOCATION:


                    Courthouse, Government Building or Law Enforcement Office for POSTING
     (Write in name, city, and state of proposed site to post where Respondent is most likely to receive actual notice)


3.   The Summons and Petition, which is for (mark one):
          Dissolution/Separation/Nullity of Marriage or Domestic Partnership (Family Law),

          Parental Relationship (Uniform Parentage), or        Petition for Custody and Support of Minor Children

     was filed on                                      (write in date forms were file stamped).




                           APPLICATION FOR PUBLICATION OR POSTING OF SUMMONS
               (FAMILY / UNIFORM PARENTAGE / PETITION FOR CUSTODY AND SUPORT OF MINOR CHILDREN)

 FM-1022 Rev. 1/01/10                                                                                                       Page 1 of 2
                                                                                                         Code of Civil Procedure § 415.50
                                                                                        Cohen v. Board of Supervisors (1971) 20 CA3d 236
                                                                                                     ATTACHMENT FM-1022
PETITIONER:                                                                     CASE NUMBER:

RESPONDENT:



4.   The Respondent cannot with reasonable diligence be served in another manner specified in Code of Civil
     Procedure sections 415.10 through 415.40 based on the declaration below.


5.   Declaration (List what you did to find Respondent and include dates and results of search):

          Continued on the attached declaration




I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct.

Date:                                     Petitioner’s Signature:

Date:                                     Attorney’s Signature:




                           APPLICATION FOR PUBLICATION OR POSTING OF SUMMONS
               (FAMILY / UNIFORM PARENTAGE / PETITION FOR CUSTODY AND SUPORT OF MINOR CHILDREN)

 FM-1022 Rev. 1/01/10                                                                                                     Page 2 of 2
                                                                                                       Code of Civil Procedure § 415.50
                                                                                      Cohen v. Board of Supervisors (1971) 20 CA3d 236
                                                                                                       ATTACHMENT FM-1023
ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name and Address):     TELEPHONE NUMBER:                  FOR COURT USE ONLY




FAX NUMBER:

ATTORNEY FOR (Name):


SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
         STREET ADDRESS:
         MAILING ADDRESS:            191 North First Street
   CITY, STATE & ZIP CODE:           San Jose, CA 95113
              BRANCH NAME:           Family Court

                                                                                   APJ:
    PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:                                                              DEPT:

                                                                                   CASE NUMBER:
              ORDER FOR PUBLICATION OR POSTING


     Publication Granted: The Court finds that the Respondent cannot be served in any other manner specified in
     the California Code of Civil Procedure. The Court orders that the Summons and Petition be served by publication
     in the newspaper listed below. Publication must occur at least once a week for four successive weeks.


     Posting Granted: The Court finds that the Respondent cannot be served in any other manner specified in the
     California Code of Civil Procedure and that the Petitioner cannot afford to serve by Publication. The Court orders
     that the Summons and Petition be served by posting at the location listed below. Posting must occur for at least
     30 days.

     Publishing Denied: The Court denies the request to publish.
        Other methods of service are possible
        Insufficient attempts to locate the Respondent.

     Posting Denied: The Court denies the request to post.
        Other methods of service are possible.
        Insufficient attempts to locate the Respondent.

     Hearing Required: The Court orders that a hearing be set to determine the Petitioner’s financial circumstances.
     If at this hearing the Court decides that the Petitioner does not qualify for Posting, based on financial
     circumstances, then the Court may order that the Summons and Petition be served by Publication.

The Petitioner should appear in Court at:
    170 Park Avenue, San Jose, CA 95113                        605 W. El Camino Real, Sunnyvale, CA 94087
     301 Diana Avenue, Morgan Hill, CA 95037
Date:                             Time:                               Dept:

If during the time of Publication or Posting you locate the Respondent’s address you must have someone 18 years or
older mail the Summons, Petition and Order for Publication to the Respondent. The server must complete and file
with the Court a Proof of Service of Mail, FL-335.

Date:
                                                                                           Judicial Officer

                               ORDER FOR PUBLICATION OR POSTING OF SUMMONS
              (FAMILY/UNIFORM PARENTAGE/PETITION FOR CUSTODY AND SUPPORT OF MINOR CHILDREN)

FM-1023 Rev. 1/01/10                                                                                                       Page 1 of 2
                                                                                                       Code of Civil Procedure §415.50
                                                                                      ATTACHMENT FM-1023
    PLAINTIFF/PETITIONER:                                                   CASE NUMBER:


DEFENDANT/RESPONDENT:



                                              INSTRUCTIONS

Publication: After publication is complete, the newspaper will send you a receipt and copy of the
publication notice that appeared in the newspaper. You must take this receipt and publication notice and
attach it to a Proof of Service Summons, Form FL-115. The Proof of Service Summons must be filed with
the Clerk’s Office at 170 Park Avenue, San Jose, CA; 301 Diana Avenue, Morgan Hill CA, 95037 or at 605
W. El Camino Real, Sunnyvale, CA. If the newspaper sends the receipt and publication notice directly to
the Court, you do not have to complete the Proof of Service Summons FL-115. Service by publication is
complete, and the 30-day response period starts to run, on the 28th day following the first day of publication
in the newspaper starts.

Posting: You must have someone 18 years or older post a copy of the Summons and Petition in the place
that is designated for posting in the above approved location. This same person must mail a copy to the
Respondent at their last known address. The person who posts and mails must complete Verification of
Posting of Summons form FM-1024, stating the date, time and location of the posting and mail service.
This form must be attached to the Proof of Service of Summons, FL-115. The Proof of Service of
Summons, Form FL-115, must be filed with the Clerk’s Office at 170 Park Avenue, San Jose, CA.; 301
Diana Avenue, Morgan Hill CA, 95037 or at 605 W. El Camino Real, Sunnyvale, CA. Service by
publication is complete, and the 30-day response period starts to run on the 31st day after posting. You
may apply to finish your case, through the default process, on the 61st day after posting starts.




                               ORDER FOR PUBLICATION OR POSTING OF SUMMONS
              (FAMILY/UNIFORM PARENTAGE/PETITION FOR CUSTODY AND SUPPORT OF MINOR CHILDREN)

FM-1023 Rev. 1/01/10                                                                                      Page 2 of 2
                                                                                      Code of Civil Procedure §415.50
                                                                                                      ATTACHMENT FM-1024
ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name and Address):      TELEPHONE NUMBER:                   FOR COURT USE ONLY




FAX 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 Jose, CA 95113
               BRANCH NAME:           Family Court


     PLAINTIFF/PETITIONER:                                                            CASE NUMBER:

 DEFENDANT/RESPONDENT:


                                                                                      DEPT:
    VERIFICATION OF SERVICE BY POSTING SUMMONS
                                                                                      APJ:




1. I am over the age of 18 and not a party to this case. My name is                                                                         .

     My address is                                                                                                                          .
                                        (Write in street address, city and state where you live)

2. On                                      (date) from                                        (city and state), I mailed a filed
     copy of the Summons and Petition to Respondent’s last known address. I mailed the Petition and Summons to
     Respondent’s last known address at:



     3. I posted a filed copy of the Summons and Petition on the designated bulletin board at:

     (Name of location posted and address).

     for 28 days from (date of first day of posting): __________ to (date of last day of posting): __________

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.


Date:



Print Your Name Here                                                               Sign Your Name Here


Notice to Petitioner:
This verification must be attached to Proof of Service of Summons, Form FL-115, before filing.




                         VERIFICATION OF SERVICE BY POSTING OF SUMMONS
        (FAMILY/UNIFORM PARENTAGE/PETITION FOR CUSTODY AND SUPPORT OF MINOR CHILDREN)
FM-1024 Rev. 1/01/09                                                                                                          Page 1 of 1
                                                                                                           Code of Civil Procedure 415.50
                                                                                              Cohn v. Board of Supervisors (1971) 20 CA3d
                                                                                                         ATTACHMENT FM-1025
 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name and Address):           TELEPHONE NUMBER:                   FOR COURT USE ONLY




 ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
           STREET ADDRESS:
           MAILING ADDRESS:
          CITY AND ZIP CODE:
               BRANCH NAME:
                                                                                           CASE NUMBER:
        PLAINTIFF/PETITIONER:

     DEFENDANT/RESPONDENT:

                                                                                           DEPARTMENT NUMBER:
                  DECLARATION FOR DEFAULT CUSTODY AND
                           VISITATION ORDERS                                               FCS NUMBER:




                                          Notice to the Respondent -
                                      Please read both sides of this Form
                                       The other parent in your case (the “Petitioner”) has described
                             the custody and/or visitation order s/he is asking the Court to make in your case.
                                       If you do not agree with the order you must take legal action.
                            If you do not take legal action, the Court may order what the Petitioner requested.

                               Talk with a private attorney or visit the Court’s Self-Service Center for more
                                        information about your legal rights and the legal process.


Petitioner - You should consider using this form if:
           You are asking for a default Judgment in this case, and
           You have children with the other parent in this case, and
           You do not already have a custody and visitation Court order that will be a part of your Judgment, and
           You do not already have a Marital Settlement Agreement/Stipulated Judgment that will be a part of your
           Judgment.

IMPORTANT: This form cannot help you ask for different custody and visitation orders than what you asked
for in your Petition.

I, (your name)                                                                              , am the Petitioner in this case.

1. Check one only:
           I have attached form FL- 311 to describe the custody and visitation schedule I want OR
           Form FL-311 was attached to the Petition I filed.

2.         I am asking for the Custody orders described on form FL-311 because:




FM-1025 1/01/13
                                                                                                                    Family Law Local Rule 8.d.
Approved for optional use                    DECLARATION FOR DEFAULT CUSTODY                                               Santa Clara County

                                                   AND VISITATION ORDERS                                                        Page 1 of 2
                                                                                             ATTACHMENT FM-1025
CASE NAME:                                                                               CASE NUMBER:




3.        I am asking for the Visitation schedule described on form FL-311 because:




4. The child/ren has or have mainly lived with               Mother   Father   Other:
during the last six months.

During the last six months the other parent had the following contact with the child or children. Describe the schedule,
number of visits, length of visits:




I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:                                          Petitioner’s Name:

                                            Petitioner’s Signature:


                                             Instructions for the Petitioner
                  1. Fill out this form completely.
                  2. Make 2 copies.
                  3. File the original and copies with the Clerk’s Office at 170 Park Avenue, San José, CA
                     or 99 Notre Dame Avenue, San José, CA, or 605 W. El Camino Real, Sunnyvale, CA or
                     301 Diana Ave., Morgan Hill, CA 95037
                  4. Have someone else, NOT YOU, who is 18 years or older, mail (“serve”) a copy of
                     this form to the other party. This must be done at least 15 calendar days (if served by
                     mail or in person) before the Judgment is submitted. The person who mails this form
                     must fill out a Proof of Service by Mail (form FL-335).
                  5. You must file the Proof of Service by Mail form with the Court. Keep a file-stamped
                     copy for yourself.


FM-1025 1/01/13 approved for optional use                    DECLARATION FOR DEFAULT CUSTODY            Family Law Local Rule 8.d.
                                                                                                               Santa Clara County
                                                       AND VISITATION ORDERS                                       Page 2 of 2
                                                                                                ATTACHMENT FM-1036
                                                                                               FOR COURT USE ONLY
 SUPERIOR COURT OF CALIFORNIA
 COUNTY OF SANTA CLARA
 FAMILY COURT DIVISION
 PETITIONER/PLAINTIFF:



 RESPONDENT/DEFENDANT:



                                                                                 CASE NUMBER:

      STIPULATION RE: PROTECTIVE ORDER FOR FAMILY
      COURT SERVICES RECORDS AND ORDER THEREON                                   FCS NUMBER:




Petitioner/Plaintiff, self-represented, or through his/her legal counsel,
and/or Respondent/Defendant, self-represented, or through his/ her legal counsel,
                                , and/or Counsel for the Minor,
stipulate to the following and request that it be made an order of this Court.

1.     The parties stipulate that the following Family Court Services records may be released:
                                                                                                                                  ;
       to:                                                                                                                        .
       Mediation notes, computerized criminal record check documents, police reports, Juvenile Court and Child
       Protective Service records, and any documents the re-disclosure of which is prohibited by Federal or State law
       and reports shall not be released.
       Parties shall make arrangements with a copying company to come to FCS to make copies and are responsible
       for the costs. Parties shall provide FCS with a copy of the filed court protective order and call in advance to
       make sure the file is available.

2.     All Family Court Services (FCS) records shall be marked Confidential by the disclosing party, and their
       contents shall be used solely in the above-entitled Family Court action for purposes of this litigation, and only
       in accordance with the terms of this Order. The Family Court Services records shall not be exhibited nor
       disclosed to other persons except as specifically provided in the order and shall not be used for any other
       purpose or disseminated in any other form without the express order of the Court after notice to the parties,
       Family Court Services and the attorney for Family Court Services.

3.     The Family Court Services records marked confidential and their contents may be exhibited and/or disclosed
       only to the parties and counsel for parties to this action, and other persons who are directly engaged in
       representing the parties as agents and/or employees of the parties or counsel for the parties, including experts
       and investigators, who shall be subject to the same terms of this Order.

4.     Nothing contained herein shall prohibit the parties or counsel for the parties or any other party to this action
       from using or referring to the Family Court Services records in motion papers or pleadings filed with the Court
       in this action or upon appeal.       However, in the event such documents should be contained within any
       pleadings, any party or FCS will have the right to move that the pleadings be sealed pursuant to court order.


FM-1036 REV 7/1/11     STIPULATION RE: PROTECTIVE ORDER FOR FAMILY COURT SERVICES                                   Page 1 of 2
                                     RECORDS AND ORDER THEREON
                                                                                                ATTACHMENT FM-1036
CASE NAME                                                                              CASE NUMBER




5.     Where permitted by rules of evidence, the Family Court Services records may be exhibited to witnesses during
       the court proceedings in this action; provided, however, that to the extent that the transcript of any court
       proceeding or the exhibits thereto incorporate the FCS records, that portion of the trial or pretrial transcript and
       any such exhibits may be sealed in accordance with the Court’s rules and procedures upon application
       therefore by a party or FCS.

6.     At the conclusion of this Family Court litigation, by a judgment related to custody, and when all appeal rights
       have been exhausted, the parties may retain a copy of each of the Family Court Services records.

7.     All documents obtained from any juvenile case file or from any child welfare agency (collectively “juvenile case
       file,” as defined by California Rule of Court, Rule 5.552) must be treated as confidential by all parties and
       attorneys pursuant to Welfare and Institutional Code 827, 827.10, and Rule 5.552. Any party who seeks to file
       with the Family Court any juvenile case file document or record must first present a request to file such
       documents under seal pursuant to California Rules of Court, Rules 2.550 and 2.551.

8.     Family Court Services may not release any documents originally contained in any juvenile case files. Such
       records must be obtained from the child welfare agency or the Juvenile Dependency Court, pursuant to
       Welfare and Institutions Code sections 827 or 827.10. Such records may not be disclosed to unauthorized
       persons by the parties or counsel to this stipulation without a court order by the Juvenile Dependency Court. A
       petition for disclosure under section 827 must be filed with the supervising judge of the Juvenile Dependency
       Court at 115 Terraine Street, San José, CA 95113, Dept 67.

9.     If there is any unauthorized disclosure of any Family Court Services records or juvenile case file information
       subject to this Order by any person, said person shall be subject to sanctions and contempt for violation of this
       Order.

Dated:
                                                            Respondent/Defendant

Dated:
                                                            Attorney for Respondent/Defendant

Dated:
                                                            Petitioner/Plaintiff

Dated:
                                                            Attorney for Petitioner/Plaintiff

Dated:
                                                            Attorney for Minor(s)

                                                         ORDER
IT IS SO ORDERED.


Dated:
                                                            Judicial Officer of the Superior Court

FM-1036 REV 7/1/11     STIPULATION RE: PROTECTIVE ORDER FOR FAMILY COURT SERVICES                                 Page 2 of 2
                                     RECORDS AND ORDER THEREON
                                                                              ATTACHMENT FM-1041
Protected Person’s Name:                                               Case Number:




                  Request for Sheriff to Serve and Sheriff’s Fee Statement

I WANT THE SHERIFF TO SERVE THE ATTACHED LEGAL FORMS WITHIN SANTA
CLARA COUNTY AT NO COST TO ME.

To the Sheriff: Serve the attached legal forms on the Restrained Party in this case. Send a
copy of the Proof of Service or any other documents to:

     the Protected Party’s Attorney

     the Protected Party at the address listed on the Confidential CLETS Information
     Form [DV-260]


Today’s Date:
                                                             Sign your name here




                            Protected Person/Protected Person’s Attorney –
                                 Do not fill out anything below this line


   INFORMATION BELOW IS TO BE COMPLETED BY SHERIFF’S OFFICE PERSONNEL ONLY


Service of the order was made or attempted on (date):


Fee for Service:        $

Type or Print Name of                                    Signature of Sheriff’s Office Representative
Sheriff’s Office Representative




Title of Agency




______________________________________________________________________________
FM-1041 REV 7/1/08      REQUEST FOR SHERIFF TO SERVE AND                Page 1 of 1
                            SHERIFF’S FEE STATEMENT
                                                                                ATTACHMENT FM-1047
                              SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                       How to Safely Turn In Firearms and Ammunition

Important! You must call BEFORE you bring firearms or ammunition to a law enforcement agency. You
have 24 hours from the time you received the restraining order or protective order to call. Follow the
steps below.

1        Call the Santa Clara County Sheriff’s            Here are the non-emergency phone numbers.
         Department or the Police Department              Campbell Police Dept      (408) 866-2101, 866-2102
         where you live. Tell them you have a             Gilroy Police Dept.                   (408) 846-0300
         restraining or criminal protective order and     Los Altos Police Dept.                (650) 947-2779
         you need to turn in your firearm(s) and          Los Gatos/Monte Sereno Police Dept.(408) 354-8600
         ammunition.                                      Milpitas Police Dept.                 (408) 586-2400
                                                          Morgan Hill Police Dept.              (408) 779-2101
2        The law enforcement agency will explain          Mountain View Police Dept.            (650) 903-6344
         where and how to turn in your firearm(s)
                                                          Palo Alto Police Dept.                (650) 329-2406
         and ammunition. Some agencies ask you
                                                          San Jose Police Dept.          311 or (408) 277-8900
         to make two trips: one for the firearm(s)
                                                          San Jose State Univ. Police Dept.     (408) 924-2185
         and one for the ammunition. Follow their
         instructions carefully.                          Santa Clara County Sheriff’s Office (408) 808-4400
                                                          Santa Clara Police Dept.              (408) 615-4700
3        Law enforcement may ask for:                     Stanford Univ. Dept. of Public Safety (650) 723-9633
         • a description of you and your car,             Sunnyvale Dept. of Public Safety      (408) 730-7110
         • your ID, and
         • your court order.                                                  Do not call 911.
                                                                      Call your local police department
                                                                         or the Santa Clara County
Follow these Safety Instructions:                                              Sheriff’s Office.
•   Your firearm(s) must be unloaded.
•   Place the firearm in your trunk, and lock your trunk. If you do not have a trunk, lock your firearm in a
    container and put it in the back of your vehicle out of arm’s reach. Do NOT put it in your glove
    compartment! (PC § 12026.1(a))
•   Drive straight to the law enforcement agency. Do not stop anywhere else.
•   Park your car where the agency told you to park.
•   Call the agency when you get there. They will tell you what to do. If you do not have a cell phone,
    leave the firearm in your car and go inside and ask for instructions.

If you want to have your firearms and ammunition destroyed:
Follow the safety instructions above. The agency will also ask you to sign a paper that gives them
permission to destroy your firearm(s) and ammunition.

If your firearms are antiques or collector’s items:
When you turn in your firearm(s), tell the agency how they should be stored. Some agencies may not be
able to follow your storage instructions.

You have 24 hours to turn in (or sell) your firearms and ammunition.
If the court ordered you to “relinquish” your firearms and ammunition, you have only 24 hours to do so.
If you decide to sell them, you must sell them to a federally licensed gun dealer. Look in the Yellow
Pages or online under “Firearms Dealers.” Be sure that the firearm dealer is federally licensed.


FM-1047 Rev. 1/01/08   HOW TO SAFELY TURN IN FIREARMS AND AMMUNITION                        Page 1 of 2
                                                                                           ATTACHMENT FM-1047

     Questions About Safely Turning In Firearms and Ammunition
                             This information will answer your questions about turning in firearms.
                       If you have other questions, call your local police department. (See other side.)

  What is a firearm?                                                 How long will law enforcement keep my
  Firearms include:                                                  firearms and ammunition?
  • handguns and pistols,                                            Usually they keep the firearms and ammunition
  • rifles and shotguns,                                             until your restraining or protective order ends. If
  • black powder firearms and muzzle-loading                         they cannot keep them for the whole period, they
      firearms,                                                      will let you know in writing so you can make other
  • assault weapons, and                                             arrangements.
  •   any weapon that sends a projectile through a
      barrel and the weapon’s frame or receiver.                     Do I have to pay law enforcement to keep my
                                                                     firearms and ammunition?
  How do I turn in my firearms and ammunition?                       Maybe. Each agency has its own policy. They will
  You have 2 options:                                                tell you about any fees when you turn them in.
  • You can call your local police department or the                 They will also let you know in writing if their fees
     Santa Clara County Sheriff’s Office and ask                     change.
     for instructions, or
  • You can sell them to a federally licensed gun                    Can a law enforcement officer take my
     dealer. Look in the Yellow Pages or online                      firearms and ammunition from me?
     under “Firearms Dealers.”                                       Yes. If you are involved in domestic violence, the
                                                                     officer can take away your firearms and
  How long do I have to turn in my firearms and                      ammunition. (Calif. Family Code, § 6389(c)(2))
  ammunition?
  If the court ordered you to “relinquish” your                      Can I get my firearms back from law
  firearms and ammunition, you only have 24                          enforcement after the court order ends?
  hours from the time that you received the                          Yes, if you are legally allowed to have a firearm.
  restraining order or criminal protective order.                    Fill out a Law Enforcement Gun Release (LEGR)
                                                                     Application and send it to the California
  What if I was ordered to turn in firearms and                      Department of Justice. You can get the
  ammunition on a weekend, can I get more                            application at: http://ag.ca.gov/firearms/forms.
  than 24 hours?                                                     You will also have to pay a fee ($20 for the first
  No. You only have 24 hours. Law enforcement is                     firearm and $3 for each additional firearm).
  available 24/7. See other side for instructions.
                                                                     The Department of Justice will send you a notice
  Can I turn in my firearms and ammunition                           within 4-6 weeks to tell you if you are eligible to
  now, and sell them later?                                          possess a weapon again. If you are eligible, take
  Yes. You can have one sale of the firearms and                     that notice to the law enforcement agency where
  ammunition. You must use a federally licensed                      your firearm(s) and ammunition are stored within
  gun dealer for the sale. The gun dealer will give                  30 days of the date on the notice. If you wait more
  the law enforcement agency a bill of sale for the                  than 30 days, you will have to submit another
  firearms and/or ammunition. If the paperwork is                    application.
  correct, the law enforcement agency will turn over
  the guns and/or ammunition to the gun dealer.                      Where can I get more information?
                                                                     You can:
  What happens if my firearms have not been                          • Call your local law enforcement agency, or
  registered?                                                        • Read the law (Calif. Penal Code §§ 12001
  It depends. Not all firearms have to be registered.                   and 6389).
  But, if you did not register a weapon that had to                  • Contact an attorney.
  be registered, you may have committed a crime.
  Talk to a lawyer as soon as possible.




FM-1047 Rev. 1/01/08    HOW TO SAFELY TURN IN FIREARMS AND AMMUNITION                                      Page 2 of 2
                                                                                          ATTACHMENT FM-1050
    SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA                                   FOR COURT USE ONLY

           STREET ADDRESS:
          MAILING ADDRESS:    191 North First Street
         CITY AND ZIP CODE:   San José, CA 95113
              BRANCH NAME:    Family Court

      PETITIONER:



     RESPONDENT:


                                                                                 CASE NUMBER:
                        FAMILY LAW NOTICE
           Dissolution /Legal Separation/Nullity/Parentage

                                  PLEASE READ THIS ENTIRE FORM

     A Status Conference is scheduled on Date:                          Time:               Dept.
     Your case has been assigned to the Family Courthouse at:
          NORTH COUNTY (605 West El Camino Real, Sunnyvale, CA 94087)
          CENTRAL COUNTY (170 Park Avenue, San José, CA 95113)
          SOUTH COUNTY (301 Diana Avenue, Morgan Hill, CA 95037)
     To Judge:                                         in Department:                       for all purposes.

TO THE PETITIONER (the person who started the case): You must serve a copy of this notice on the other party.
YOU CANNOT SERVE THE OTHER PARTY YOURSELF.

TO THE RESPONDENT (the person who did not start the case): If you would like to protect your rights and
participate in this case, you must file a response with the Court within 30 days of being served. The Status
Conference date above DOES NOT increase the time you have to respond to the Petition.

RULES FOR THE STATUS CONFERENCE:
•    You or your attorney must go to the Status Conference date (above) unless your case has been dismissed or a
     judgment that settles all issues has been entered before the Conference date. If you or your attorney do not
     go, the Court may order you to pay money or may consider dismissing your case.
•    You must follow the California Rules of Court, the Superior Court of California, County of Santa Clara Local
     Family Law Rules and you must use the correct forms. You can access the California Rules of Court at
     www.courts.ca.gov/rules.htm and the Local Family Law Rules at www.scscourt.org. There is specific information
     about Status Conferences in Local Family Law Rule 6(B).
•    If you would like to schedule a Status Conference on an earlier date than set above, you may contact the Family
     Court Clerk’s Office at (408) 534-5600 or visit them in person at one of the three courthouses listed above
     during regular Court business hours.

                A final Judgment will NOT be entered in your case automatically. You
                             must take further action to finish your case!

IF YOU NEED HELP:
•    Please visit the Self Help section on the Court’s website at www.scscourt.org
•    For a low cost consultation with a private attorney contact the Santa Clara County Bar Association at (408) 971-
     6822 (or www.sccba.com).
•    You can also visit the Court’s Self Help Center located inside the Notre Dame Courthouse, 99 Notre Dame
     Avenue, San José, CA 95113, (408) 882-2900 (press option 7) Monday through Thursday, during regular Court
     hours. Help is provided on a first come, first served basis.

FM-1050 REV 1/01/13                         FAMILY LAW NOTICE                                                  Page 1 of 1
                                DISSOLUTION/LEGAL SEPARATION/NULLITY/PARENTAGE
                                                                                                            ATTACHMENT FM-1051
 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name and Address):       TELEPHONE NUMBER:                      FOR COURT USE ONLY




 ATTORNEY FOR (Name):


 SUPERIOR COURT OF CALIFORNIA
 COUNTY OF SANTA CLARA
 FAMILY DIVISION
                                                                                             CASE NUMBER:
                         DECLARATION OF RESIDENCE
                      (For Family Law and Parentage Actions Only)

This declaration must be filed with all new family law actions (including, but not limited to, dissolution, legal separation
and nullity), and all new actions started under the Uniform Parentage Act (UPA) (including UPA actions filed
simultaneously with a Domestic Violence Prevention Act case). Cases assigned to the Domestic Violence
Department (Domestic Violence Prevention Act that are not filed simultaneously with a UPA action, and those filed by
Department of Child Support Services (DCSS) are exempt from this requirement.)

I am the Petitioner in this case and declare under penalty of perjury that (check one of the boxes labeled 1, 2 or 3):
1.        I live in Santa Clara County, and my residence is currently located in the zip code area checked below.
     OR
          I do not live in Santa Clara County, but the Respondent lives in the County and his or her residence is currently
          located in the zip code area listed below.
     If either box is checked above, please check the applicable county area and zip code below.
              Central County –Courthouse located at 170 Park Avenue, San José, CA 95113

             95030        95033       95042        95101     95110    95111          95112      95113       95115   95116    95117
             95118        95120       95121        95122     95123    95124          95125      95126       95127   95130    95131
             95132        95133       95134        95135     95136    95138          95139      95140       95148   95192    95193

              North County – Courthouse located at 605 W. El Camino Real, Sunnyvale, CA 94087

             94022        94024       94035        94040     94041    94043          94063      94085       94086   94087    94089
             94301        94303       94304        94305     94306    95002          95008      95014       95032   95035    95050
             95051        95053       95054        95070     95128    95129          95134

              South County – Courthouse located at 301 Diana Avenue, Morgan Hill, CA 95037

             95013        95020       95021        95037     95038    95046          95119      95141
OR
2.        Neither I nor Respondent currently resides in Santa Clara County.
OR
3.        I have registered my address as confidential with the Secretary of State’s “Safe At Home” program and
          decline to provide the zip code for my residence.


Date:
                                                                 Signature of Petitioner



FM-1051 REV 7/01/10                                DECLARATION OF RESIDENCE                                                  Page 1 of 1
                                            (For Family Law and Parentage Actions Only)
                                                                                           ATTACHMENT FM-1052
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA                                        FOR COURT USE ONLY

         STREET ADDRESS:
         MAILING ADDRESS:
        CITY AND ZIP CODE:
            BRANCH NAME:

     PETITIONER/PLAINTIFF:



RESPONDENT/DEFENDANT:


                                                                               CASE NUMBER:
              FAMILY LAW JUDGMENT CHECKLIST
        DISSOLUTION (DIVORCE), LEGAL SEPARATION AND
                  DOMESTIC PARTNERSHIP


     Attorney/Mediator             Self-Represented Party


                                                   INSTRUCTIONS:
Use this checklist to show the Court that you have turned in all the forms needed to get a Judgment in your case.
There are four types of cases:

1.   True Default - no Response filed, no written agreement
2.   Status only Judgment - termination of marriage is the only issue
3.   Default case with written agreement - no Response filed
4.   Uncontested - appearance by both parties and a written agreement.

Check the box below for your type of case (one of the four listed above). Then complete all the items in that
checklist. You only need to complete the checklist for your case type. All items must be completed either by
checking each line to indicate you have filed that form or by marking “N/A” to say that an item is not applicable.
Submit an additional copy of page 1 of the Judgment.

So that we can get your forms back to you, please turn in an envelope that is addressed to you, is large enough
and has enough postage. If you do not want your forms mailed, give us other instructions.


     TRUE DEFAULT CASE (no response filed and NO WRITTEN AGREEMENT between the parties)

1.      Proof of Service of Summons [FL-115] (check one of the following):
             Personal Service [FL-115]
             Notice and Acknowledgment of Receipt attached [FL-117]
             Service out-of-state by certified mail with receipt attached [FL-115 or out-of-state form]
             Other, (please describe)

2.       Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage prepaid
             Income and Expense Declaration [FL-150]
             (if you are requesting spousal support or attorney fees/costs)
             Financial Statement (simplified) [FL-155]
             (if you have a minor child, you are not requesting spousal support or attorney fees/costs, and you
             qualify for this form according to the instructions on page 2 of the form; if you have a minor child and
             you do not qualify, you must complete an Income and Expense Declaration)
             Property Declaration [FL-160]
             (if you have requested any property in your petition)

FM-1052 REV 1/01/13                  FAMILY LAW JUDGMENT CHECKLIST                                              Page 1 of 4
                       Dissolution (Divorce), Legal Separation and Domestic Partnership
                                                                                           ATTACHMENT FM-1052

3.       Declaration for Default or Uncontested Dissolution/Legal Separation [FL-170]

4.       Declaration Regarding Service of Petitioner’s (Preliminary) Declaration of Disclosure [FL-141] (submit
         endorsed-filed copy if previously filed)

5        Declaration Regarding Service of Petitioner’s (Final) Declaration of Disclosure or Waiver of Final
         Declaration of Disclosure [FL-141]

6.       Judgment [FL-180]
         (You must request that spousal support be ordered, terminated or reserved for both parties)
         If you are requesting property division include Property Order Attachment [FL-345]

7. If you are requesting spousal support orders. the marriage/partnership is over 10 years in duration, or
   termination of spousal/ partner support for the respondent is requested, include:

           Spousal or Partnership Support Declaration Attachment (form Fl-157);
            Current Income & Expense Declaration (form FL-150)
           Spousal, Partner, or Family Support Order Attachment (form FL-343) or other proposed written
      order (attach to Judgment)

8. If there are minor children in the case attach a:
         Child Custody and Visitation Attachment [FL-341]
         Child Support Order Attachment [FL-342]
         Guideline Child Support Calculation (Judicial Council approved software)
         Non-Guideline Child Support Findings Attachment [FL-342(A)]
         Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order [FL-192]
         Child Support Case Registry Form [FL-191]
         Order/Notice to Withhold Income [FL-195]

9.       Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party)

10.      Other (identify any optional forms included): ___________________________________________
      ____________________________________________________________________________________

      STATUS ONLY JUDGMENT (Termination of marriage is the only issue addressed)

1.       Proof of Service of Summons [FL-115] (check one of the following):
              Personal Service [FL-115]
              Notice and Acknowledgment of Receipt attached [FL-117]
              Service out-of-state by certified mail with receipt attached [FL-115 or out-of-state form]
              Other, (please describe)

2.       Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage prepaid
              Income and Expense Declaration [FL-150]
              (If you are requesting spousal support or attorney fees/costs)
              Financial Statement (simplified) [FL-155]
              (if you have a minor child, you are not requesting spousal support or attorney fees/costs, and you
              qualify for this form according to the instructions on page 2 of the form; if you have a minor child and
              you do not qualify, you must complete an Income Expense Declaration)



FM-1052 REV 1/01/13                  FAMILY LAW JUDGMENT CHECKLIST                                            Page 2 of 4
                       Dissolution (Divorce), Legal Separation and Domestic Partnership
                                                                                           ATTACHMENT FM-1052
              Property Declaration [FL-160]
              (If you have requested any property in your Petition)

3.       Appearance, Stipulation, and Waivers [FL-130] (if Response was filed)

4.       Declaration for Default or Uncontested Dissolution/Legal Separation [FL-170]

5.       Declaration Regarding Service of Petitioner’s (Preliminary) Declaration of Disclosure [FL-141]
         Also need Respondent’s Declaration if a Response was filed.
6.       Stipulation and/or Order for Bifurcation (pleading form)
7.       Judgment [FL-180], with the Bifurcation of Status of Marriage or Domestic Partnership [FL-347] attached
8.       Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party)
9.       If either party has a retirement plan (if you do not check this box, you are certifying that neither party has
         a retirement plan)
              All retirement plans must be joined to the proceeding pursuant to Family Code §2337(d)(1), AND
              The Status-Only Judgment includes an order disposing of each party’s interest in retirement plans
              benefits, including survivor or death benefits, OR
              The Status-Only Judgment includes an interim order [on FL-347] preserving the nonemployee party’s
              right to retirement plan benefits, including survivor and death benefits, pending entry of judgment on
              all remaining issues, OR
              The Status-Only Judgment includes the Pension Benefits – Attachment to Judgment [FL-348]

     DEFAULT CASE WITH WRITTEN AGREEMENT (no response filed)

1.       Proof of Service of Summons [FL-115] (check one of the following):
              Personal Service [FL-115]
              Notice and Acknowledgment of Receipt attached [FL-117]
              Service out-of-state by certified mail with receipt attached [FL-115 or out-of-state form]
              Other (please describe)

2.       Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage prepaid
              Income and Expense Declaration [FL-150]
              (if you are requesting spousal support or attorney fees/costs)
              Financial Statement (simplified) [FL-155]
              (if you have a minor child, you are not requesting spousal support or attorney fees/costs, and you
              qualify for this form according to the instructions on page 2 of the form; if you have a minor child and
              you do not qualify, you must complete an Income Expense Declaration)
              Property Declaration [FL-160]
              (if you have requested any property in your petition)
              Written Agreement

3.       Declaration for Default or Uncontested Dissolution/Legal Separation [FL-170]

4.       Declaration Regarding Service of Petitioner’s and Respondent’s (Preliminary) Declaration of Disclosure
         [FL-141]

5.       Declaration Regarding Service of Petitioner’s and Respondent’s (Final) Declaration of Disclosure [FL-141]
         or Waiver of Final Declaration of Disclosure [FL-144]

6.       Judgment [FL-180] with written agreement
         (must address issues regarding spousal support and property division)

FM-1052 REV 1/01/13                  FAMILY LAW JUDGMENT CHECKLIST                                              Page 3 of 4
                       Dissolution (Divorce), Legal Separation and Domestic Partnership
                                                                                            ATTACHMENT FM-1052
              Signature(s) are notarized for self-represented parties
              Attorney has signed and approved Judgment for represented party
6a. If there are minor children:
              Child Support - State whether child support is at guideline amount or not and include language
              required in Family Code §4065
              If below guideline, attach guideline support calculation (Judicial Council approved software)
              Medical insurance and uninsured health care costs addressed
              Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order [FL-192]
              Child Support Case Registry Form [FL-191]
              Order/Notice to Withhold Income [FL-195]

7.       Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party)

     UNCONTESTED CASE (Response or Appearance, Stipulation and Waivers filed by Respondent and a
     written agreement)

1.       Appearance, Stipulations, and Waivers [FL-130] (along with Respondent’s first appearance fee if not
         already paid)
2.       Declaration for Default or Uncontested Dissolution/Legal Separation [FL-170]
3.       Declaration Regarding Service of Petitioner’s and Respondent’s (Preliminary) Declaration of Disclosure
         [FL-141]

4.       Declaration Regarding Service of Petitioner’s and Respondent’s (Final) Declaration of Disclosure [FL-141]
         or Waiver of Final Declaration of Disclosure [FL-144]

5.       Judgment [FL-180] with written agreement
         (Spousal support and property division issues are addressed)
              Signature(s) are notarized for self-represented parties
              Attorney has signed and approved Judgment for represented party
5a. If there are minor children:
              Child custody/visitation and Family Code §3048 issues are addressed
              Child Support - State whether child support is at guideline amount or not and include language
              required in Family Code §4065
              If below guideline, attach guideline support calculation (Judicial Council approved software)
              Medical insurance and uninsured health care costs addressed
              Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order [FL-192]
              Child Support Case Registry Form [FL-191]
              Order/Notice to Withhold Income [FL-195]

6.       Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party)

I certify that all of the information indicated in this checklist has been provided to the court.

Date:
                                                             Submitting party’s signature




FM-1052 REV 1/01/13                  FAMILY LAW JUDGMENT CHECKLIST                                            Page 4 of 4
                       Dissolution (Divorce), Legal Separation and Domestic Partnership
                                                                                             ATTACHMENT FM-1053
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA                                            FOR COURT USE ONLY

         STREET ADDRESS:
         MAILING ADDRESS:        191 North First Street
        CITY AND ZIP CODE:       San José, CA 95113
             BRANCH NAME:        Family Court

     PETITIONER/PLAINTIFF:



RESPONDENT/DEFENDANT:


                                                                                    CASE NUMBER:
            FAMILY LAW PARENTAGE JUDGMENT CHECKLIST
           PETITION TO ESTABLISH PARENTAL RELATIONSHIP


     Attorney/Mediator              Self-Represented Party


                                                          INSTRUCTIONS:
Use this checklist to show the Court that you have turned in all the forms needed to get a Judgment in your case.
There are four types of cases:

1. True Default - no Response filed, no written agreement
2. Default case with written agreement - no Response filed
3. Uncontested - appearance by both parties and a written agreement.

Check the box below for your type of case (one of the three listed above). Then complete all the items in that
checklist. You only need to complete the checklist for your case type. All items must be completed either by
checking each line to indicate you have filed that form or by marking “N/A” to say that an item is not applicable.

So that we can get your forms back to you, please turn in an envelope that is addressed to you, is large enough
and has enough postage. If you do not want your forms mailed, give us other instructions.


     TRUE DEFAULT CASE (no Response filed and NO WRITTEN AGREEMENT between the parties)

1.       Proof of Service of Summons [FL-115] (check one of the following):
             Personal Service [FL-115]
              Notice and Acknowledgment of Receipt attached [FL-117]
             Service out-of-state by certified mail with receipt attached [FL-115 or out-of-state form]
             Other, (please describe)

2.       Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage prepaid
             Income and Expense Declaration [FL-150]
             (if you are requesting attorney fee/costs)
              Financial Statement (simplified) [FL-155]
              (if you are not requesting attorney fees/costs, and you qualify for this form according to the instructions
              on page 2 of the form; if you do not qualify, you must complete an Income and Expense Declaration)

3.       Declaration for Default or Uncontested Judgment [FL-230]

4.       Advisement and Waiver of Rights Regarding Parentage [FL-235]



FM-1053 REV. 1/01/13      FAMILY LAW PARENTAGE JUDGMENT CHECKLIST                                                   Page 1 of 3
                                  Petition to Establish Parental Relationship
                                                                                             ATTACHMENT FM-1053
5.       Judgment [FL-250]
              Child Custody and Visitation Attachment [FL-341]
              Child Support order Attachment [FL-342]
              Guideline child support calculation (Judicial Council approved software)
              Non-Guideline Child Support Findings attachment [FL-342(A)]
              Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order [FL-192]
              Child Support Case Registry Form [FL-191]
              Order/Notice to Withhold Income [FL-195]

6.        Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party)

7..      Other (identify any optional forms included):________________________________________

___________________________________________________________________________________-

      DEFAULT CASE WITH WRITTEN AGREEMENT (no Response filed)

1.        Proof of Service of Summons [FL-115] (check one of the following):
          Personal Service [FL-115]
          Notice and Acknowledgment of Receipt attached [FL-117]
          Service out-of-state by certified mail with receipt attached [FL-115 or out-of-state form]
          Other (please describe)

2.        Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage prepaid
               Income and Expense Declaration [FL-150]
               (If you are requesting attorney fees/costs)
               Financial Statement (simplified) [FL-155]
               (if you have a minor child, you are not requesting attorney fees/costs, and you qualify for this form
               according to the instructions on page 2 of the form; if you have a minor child and you do not qualify,
               you must complete an Income and Expense Declaration)
               Or Written Agreement

3.        Declaration for Default or Uncontested Judgment [FL-230]

4.        Advisement and Waiver of Rights Regarding Parentage [FL-235] (from both parties)

5.        Stipulation for Entry of Judgment Regarding Establishing Parental Relationship [FL-240]

6.        Judgment [FL-250] with written agreement
               Child custody/visitation and Family Code §3048 issues addressed
               Child Support – State whether child support is at guideline amount or not and include language
               required in Family Code §4065
               If below guideline, attach guideline support calculation (Judicial Council approved software)
               Medical insurance and uninsured health care costs addressed
               Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order [FL-192]
               Child Support Case Registry Form [FL-191]
               Order/Notice to Withhold Income [FL-195]
               Signature(s) are notarized for self-represented parties

FM-1053 REV. 1/01/13      FAMILY LAW PARENTAGE JUDGMENT CHECKLIST                                              Page 2 of 3
                                  Petition to Establish Parental Relationship
                                                                                              ATTACHMENT FM-1053
               Attorney has signed and approved Judgment for represented party

7.        Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party)

     UNCONTESTED CASE
     (Appearance by both parties and written agreement)

1.        Appearance, Stipulations, and Waivers [FL-130] (along with Respondent’s first appearance fee if not
          already paid)

2.        Declaration for Default or Uncontested Judgment [FL-230]

3.        Advisement and Waiver of Rights Regarding Parentage [FL-235] (from both parties)

4.        Stipulation for Entry of Judgment Regarding Establishing Parental Relationship [FL-240]

5.        Judgment [FL-250] with written agreement
               Child custody/visitation and Family Code §3048 issues are addressed
               Child Support - State whether child support is at guideline amount or not and include language
               required in Family Code §4065
               If below guideline, attach guideline support calculation (Judicial Council approved software)
               Medical insurance and uninsured health care costs addressed
               Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order [FL-192]
               Child Support Case Registry Form [FL-191]
               Order/Notice to Withhold Income [FL-195]
               Signature(s) are notarized for self-represented parties
               Attorney has signed and approved Judgment for represented party

6.        Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party)


I certify that all of the information indicated in this checklist has been provided to the court.



Date:
                                                             Submitting party’s signature




FM-1053 REV. 1/01/13      FAMILY LAW PARENTAGE JUDGMENT CHECKLIST                                              Page 3 of 3
                                  Petition to Establish Parental Relationship
                                                                  ATTACHMENT FM-1056
             ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 – FAMILY COURT SERVICES
                                                                                    CASE NUMBER:
            ORDER APPOINTING CHILD CUSTODY EVALUATOR                                DEPARTMENT NUMBER:
                       (Family Court Services)                                      FCS NUMBER:



THIS IS A COURT ORDER FOR A CHILD CUSTODY/VISITATION EVALUATION.

1.     EVALUATION RECOMMENDATIONS:
       The recommendations resulting from the evaluation shall address the issues checked below:
       a.        Legal Custody, may include division of authority for decision making
       b.        Physical Custody
       c.        Visitation
       d.        Whether visitation shall be supervised, and, if so, by what type of program and for how long
       e.        Exchange provisions designed to protect the child from exposure to extreme conflict or domestic
                 violence, and to protect the safety of all of the parties
       f.        Move-away issues
       g.        Whether either party shall be required to attend counseling, rehabilitation, parenting or co-parenting
                 programs, substance abuse counseling, domestic violence programs, and, if so, which programs, and
                 for how long
       h.        Whether it is in the following child’s best interests to address the Court under California Rule of
                 Court Rule 5.250(C)(3) A - E: (Name(s)):
       i.        What are the preferences, if any, of the child regarding custody or visitation: (Name(s)):

       j.        Other:

       k.        Other recommendations related to any of the above issues necessary for clarification or implementation
                 of the recommended order, or otherwise required to address the health, safety, welfare, and best
                 interests of the child.
2.     OTHER ORDERS: Both parties shall comply with the ADDITIONAL ORDERS below and on page 2 attached.



IT IS SO ORDERED:


                                                            DATE OF FIRST EVALUATION APPOINTMENT
 You are obligated to notify the Family
 Court Services, Calendar Office at 408-
 534-5710, to vacate the Custody
 Settlement Conference, if you settle.
                                                            DATE/TIME OF CUSTODY SETTLEMENT CONFERENCE
                                                             (90 – 100 Days from the date of first evaluation appointment)




DATE:
                                                            JUDICIAL OFFICER



NOTES/COMMENTS:




FM-1056 REV 7/01/12                     ADDENDUM TO JUDICIAL COUNCIL FORM FL-327                                         Page 1 of 3
                                               FAMILY COURT SERVICES
                                                                       ATTACHMENT FM-1056
                  ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 – FAMILY COURT SERVICES
                                                                                        CASE NUMBER:
                 ORDER APPOINTING CHILD CUSTODY EVALUATOR                               DEPARTMENT NUMBER:
                            (Family Court Services)
                                                                                        FCS NUMBER:


     ADDITIONAL ORDERS

     4.     APPOINTMENTS AND DOCUMENTATION
            a.    If an appointment is not made upon the issuance of this Order, each party shall contact Family Court
                  Services (FCS) no later than five court days from the filing of this order to schedule an appointment. Fee
                  deposits or the documentation required for requesting modification of FCS fees must be
                  submitted to FCS within five court days from the filing of this court order. When requests for
                  modification of FCS fees have been submitted, fee deposits required by the subsequent Order on
                  Application for Modification of Court Fees Re Custody or Visitation Investigation shall be paid as
                  set forth in the Order. The parties shall appear at Family Court Services for all appointments set for them
                  by the evaluator. Attorneys are required to attend the first appointment with the Evaluator. The
                  parents shall insure that the children appear at all appointment times set for the children by the evaluator.
                  The attorneys for the parties shall attend any additional appointments that are set for them by the
                  evaluator.
            b.    Upon request, the parties shall provide the evaluator with the names, addresses, and telephone numbers
                  for all individuals involved with the care, day care, medical, dental, or mental health treatment, and
                  education of the children.
            c.    Both parties shall provide copies of documents requested by the evaluator in a prompt and timely manner.
                  Any documents provided by a party or counsel to the FCS evaluator shall be provided, in accordance with
                  the local rules, to the other party and counsel at the same time and in the same manner.
            d.    If either party or FCS contends that a party is unduly delaying the evaluation process, a party or FCS may
                  place the matter on the next Case Management Conference calendar for review.
            e.    The parties shall be charged for any custody/visitation evaluation services, consistent with their
                  ability to pay.
5.          EVALUATOR DUTIES, AUTHORITY, AND ACCESS TO INFORMATION
            a.    The evaluator shall adhere to the requirements of California Rules of Court Rule 5.220, court-ordered child
                  custody evaluations, Rule 5.225, education, experience, and training standards for court-appointed child
                  custody investigators and evaluators, Rule 5.230, domestic violence training for court-appointed child
                  custody investigators and evaluators, and Rule 2 of the Superior Court of California, County of Santa
                  Clara Local Family Rules.
            b.    The evaluator shall have the authority to conduct home visits at his/her discretion.
            c.    The evaluator shall, at her/his discretion, have access to the children’s medical, dental, mental health, and
                  other health care records, school and educational records, and the right to interview school personnel,
                  caretakers, health care providers, mental health professionals, and others who have assessed the
                  children or provided care to the children. Each party shall sign releases for such information as requested
                  by the evaluator.
            d.    The evaluator shall have access to any and all reports, test results, and other documents relating to the
                  children from third parties, for example, but not limited to: mental health professionals, school personnel,
                  Child Protective Services workers, medical and dental care providers, and day care providers. Each
                  party shall sign releases for such information as requested by the evaluator. In the event that either party
                  fails or refuses to sign releases required by the evaluator, the issue shall be set on the Law and Motion
                  calendar of the All Purpose Judge for a hearing on the appropriateness of the refusal and for issuance of
                  applicable orders regarding the records requested.
            e.    The evaluator shall have the authority to contact any previously court appointed custody/visitation
                  evaluator or assessor who shall have the authority to release case related information to the evaluator


     FM-1056 REV 7/01/12                   ADDENDUM TO JUDICIAL COUNCIL FORM FL-327                                     Page 2 of 3
                                                   FAMILY COURT SERVICES
                                                                  ATTACHMENT FM-1056
             ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 – FAMILY COURT SERVICES
                                                                                 CASE NUMBER:
            ORDER APPOINTING CHILD CUSTODY EVALUATOR                             DEPARTMENT NUMBER:
                       (Family Court Services)
                                                                                 FCS NUMBER:



             appointed by this order. Contact with any previously appointed Special Master shall be as specified by
             court order only.
       f.    All information obtained as described above shall be used solely for the purpose of conducting the
             evaluation.
       g.    The evaluator shall complete and distribute the evaluation recommendations, and evaluation
             report consistent with the procedures described in Rule 2 of the Superior Court of California,
             County of Santa Clara Local Family Rules no later than 60 days following the date of the first
             scheduled evaluation appointment, unless extended by the Court.
       h.    In the event that the Court has checked the box above ordering an evaluation pursuant to Family Code
             § 3118, the Court has determined that there is a serious allegation of child sexual abuse as defined in
             § 3118. The evaluator appointed herein shall fully comply with all applicable requirements of §3118. Any
             evaluator appointed under §3118 shall have access to all Juvenile Court records pertaining to the child
             who is the subject of the evaluation. Any Juvenile Court records or information gained from those records
             shall remain confidential and shall only be released as specified in Family Code § 3111. The evaluation
             shall be suspended if a petition is filed to declare the child a dependent child of the Juvenile Court
             pursuant to Welfare & Institutions Code § 300, and all information gathered by the evaluator shall be made
             available to the Juvenile Court.




FM-1056 REV 7/01/12                  ADDENDUM TO JUDICIAL COUNCIL FORM FL-327                                   Page 3 of 3
                                             FAMILY COURT SERVICES
                                                                  ATTACHMENT FM-1057
               ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 – PRIVATE EVALUATOR
                                                                                      CASE NUMBER:
      STIPULATION AND ORDER APPOINTING CHILD CUSTODY                                  DEPARTMENT NUMBER:
                    PRIVATE EVALUATOR
                                                                                      FCS NUMBER:

The following Orders are stipulated to by and between the parties and their respective counsel:
Counsel for the Petitioner:                                           Counsel for the Respondent:

THIS IS A COURT ORDER FOR A CHILD CUSTODY/VISITATION EVALUATION.

1.   a. EVALUATION RECOMMENDATIONS:
        The recommendations resulting from the evaluation shall address the issues checked below:
        (1)        Legal Custody, may include division of authority for decision making
        (2)        Physical Custody
        (3)        Visitation
        (4)        Whether visitation shall be supervised, and, if so, by what type of program and for how long
        (5)        Exchange provisions designed to protect the child from exposure to extreme conflict or domestic
                   violence, and to protect the safety of all of the parties
        (6)        Move-away issues
        (7)        Whether either party shall be required to attend counseling, rehabilitation, parenting or co-parenting
                   programs, substance abuse counseling, domestic violence programs, and, if so, which programs, and
                   for how long
        (8)        Other:


        (9)        Whether it is the following child’s best interests to address the Court under California Rule of Court Rule
                   5.250(C)(3)A – E: [Name(s)]:
        (10)       What are the preferences, if any, of the child regarding custody or visitation: [Name(s)]:


        (11)       Other recommendations related to any of the above issues necessary for clarification or implementation
                   of the recommended order, or otherwise required to address the health, safety, welfare, and best
                   interests of the child.

     b. PSYCHOLOGICAL TESTING:
               The following parties and/or children may be psychologically tested at the discretion of the evaluator:


2.      OTHER ORDERS: Both parties shall comply with the ADDITIONAL ORDERS below and on page 2 attached.


3.   APPOINTMENTS AND DOCUMENTATION
     a. Each party shall contact the private evaluator pointed above no later than five (5) court days from the filing of this
        order to schedule an appointment. Any initial fee deposits required by the evaluator shall be paid within 10
        days from the date of this order, unless other arrangements are agreed upon with the evaluator. Both
        parties shall pay the fees required by the evaluator and in a timely manner. The parties shall appear at the
        evaluator’s office for all appointments set for them by the evaluator. The parents shall insure that the children
        appear at all appointment times set for the children by the evaluator. The attorneys for the parties shall attend any
        appointments that are set for them by the evaluator.
     b. The parties shall provide the evaluator, upon request, with information relative to the names, addresses, and
        telephone numbers for all individuals involved with the care, day care, medical-dental-mental health treatment,
        and education of the children.
     c. The attorneys for the parties or parties, if representing themselves, shall provide a copy of this order to the custody
        evaluator within five court days of the filing of this order. The evaluator shall have access to the court file in the
        matter, except for any confidential documents. Both parties and their attorneys shall cooperate in providing the

FM-1057 REV 07/01/12                 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327                                        Page 1 of 3
                                              PRIVATE EVALUATOR
                                                                  ATTACHMENT FM-1057
               ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 – PRIVATE EVALUATOR
                                                                                      CASE NUMBER:
      STIPULATION AND ORDER APPOINTING CHILD CUSTODY                                  DEPARTMENT NUMBER:
                    PRIVATE EVALUATOR
                                                                                      FCS NUMBER:


        evaluator with copies of filed court documents on request. In the event that the evaluator is not able to obtain copies
        of filed court documents from the parties or their attorneys in a timely manner, he or she may request copies from
        the clerk’s office and there shall be no charge for the copies
     d. Both parties shall provide copies of documents requested by the evaluator in a prompt and timely manner. In
        accordance with the Local Rules, any documents provided to the evaluator shall be provided to the other party at the
        same time and in the same manner.
     e. If either party or the evaluator contends that a party is unduly delaying the evaluation process, a party or the
        evaluator may place the matter on the next Case Management Conference calendar for review.


5.   EVALUATOR DUTIES, AUTHORITY, AND ACCESS TO INFORMATION
     a. The evaluator shall adhere to the requirements of California Rules of Court Rule 5.220, court-ordered child custody
        evaluations, Rule 5.225, education, experience, and training standards for court-appointed child custody
        investigators and evaluators, Rule 5.230, domestic violence training for court-appointed child custody investigators
        and evaluators, and Rule 2 of the Santa Clara County Superior Court Local Family Rules.
     b. The evaluator shall have the authority to petition the Court to withdraw from a case.
     c. The evaluator shall, at the commencement of the evaluation, provide the parties with a written explanation of the
        process clearly describing the:
        (1) Procedures which may be used and the time required to gather and assess information;
        (2) If psychological tests will be used, the role of the results in confirming or questioning other information or
              previous conclusions;
        (3) Limitations on the confidentiality of the process;
        (4) Cost and payment responsibility for the evaluation consistent with the terms of the appointing order.
     d. An appointed private evaluator shall, upon presentation of a copy of this order to Family Court Services, have the
        authority to contact any Family Court Services evaluator or emergency screener to obtain background information in
        the case, and Family Court Services shall be authorized to release such information.
     e. An appointed private evaluator shall, upon presentation of a copy of this order to Family Court Services, have the
        authority to review the Family Court Services file, with the exception of any mediation notes and criminal records
        information, at Family Court.
     f. The evaluator shall have the authority to conduct home visits at his/her discretion.
     g. The evaluator shall, at her/his discretion, have access to the children’s medical, dental, mental health, and other
        health care records, school and educational records, and the right to interview school personnel, caretakers, health
        care providers, mental health professionals, and others who have assessed the children or provided care to the
        children. Each party shall sign releases for such information as requested by the evaluator.
     h. The evaluator shall have access to any and all reports, test results, and other documents relating to the children from
        third parties, for example, but not limited to: mental health professionals, school personnel, Child Protective Services
        workers, medical and dental care providers, and day care providers. Each party shall sign releases for such
        information as requested by the evaluator. In the event that either party fails or refuses to sign releases required by
        the evaluator, the issue shall be set on the Law and Motion calendar of the All Purpose Judge for a hearing on the
        appropriateness of the refusal and for issuance of applicable orders regarding the records requested.
     i. The evaluator shall have the authority to contact any previously court appointed custody/visitation evaluator or
        assessor shall have the authority to release case related information to the evaluator appointed by this order.
        Contact with any previously appointed Special Master shall be as specified by court order only.
     j. All information obtained as described above shall be used solely for the purpose of conducting the evaluation.
     k. The evaluator shall complete and distribute the evaluation report and recommendations consistent with the
        procedures described in Rule 2 of the Santa Clara County Superior Court Local Family Rules no later than 60
        days following the date of the first scheduled evaluation appointment, unless extended by the Court.




FM-1057 REV 07/01/12                 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327                                        Page 2 of 3
                                              PRIVATE EVALUATOR
                                                                  ATTACHMENT FM-1057
               ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 – PRIVATE EVALUATOR
                                                                                  CASE NUMBER:
      STIPULATION AND ORDER APPOINTING CHILD CUSTODY                              DEPARTMENT NUMBER:
                    PRIVATE EVALUATOR
                                                                                  FCS NUMBER:



    l. In the event that the Court has checked the box above ordering an evaluation pursuant to Family Code §3118, the
       Court has determined that there is a serious allegation of child sexual abuse as defined in §3118. The evaluator
       appointed herein shall fully comply with all applicable requirements of §3118. Any evaluator appointed under §3118
       shall have access to all Juvenile Court records pertaining to the child who is the subject of the evaluation. Any
       Juvenile Court records or information gained from those records shall remain confidential and shall only be released
       as specified in Family Code §3111. The evaluation shall be suspended if a petition is filed to declare the child a
       dependent child of the Juvenile Court pursuant to Welfare & Institutions Code §300, and all information gathered by
       the evaluator shall be made available to the Juvenile Court.



DATED:
                                                     PETITIONER


DATED:
                                                     COUNSEL FOR PETITIONER


DATED:
                                                     RESPONDENT


DATED:
                                                     COUNSEL FOR RESPONDENT


DATED:
                                                     COUNSEL FOR MINOR CHILDREN

You are obligated to notify the Family
Court Services, Calendar Office at
408-534-5710, to vacate the Custody                  CUSTODY SETTLEMENT CONFERENCE DATE AND TIME
Settlement Conference, if you settle.                (140 – 150 days from the date of this Order)



IT IS SO ORDERED:



DATED:
                                                     JUDICIAL OFFICER




FM-1057 REV 07/01/12               ADDENDUM TO JUDICIAL COUNCIL FORM FL-327                                     Page 3 of 3
                                            PRIVATE EVALUATOR
                                                                                                              ATTACHMENT FM-1059
 NAME AND ADDRESS OF PARTY OR ATTORNEY FOR PARTY:                           TELEPHONE NUMBER:                 FOR COURT USE ONLY




 ATTORNEY FOR (Name):

     SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
        *170 Park Avenue, San José, CA 95113
        *605 W. El Camino Real, Sunnyvale, CA 94087
        301 Diana Avenue, Morgan Hill, CA 95037
     *Mailing Address: 191 N. First St. San José, CA 95113
                                                                                                CASE NUMBER:
        PETITIONER:

     RESPONDENT:

                                                                                                DEPARTMENT NUMBER:
                  REQUEST AND ORDER TO CHANGE
           STATUS OR CASE RESOLUTION CONFERENCE DATE                                            FCS NUMBER:


Current Status or Case Resolution Conference: Date:                                             Time:
REQUEST:
I am asking that our Status or Case Resolution Conference date be changed (check as many as apply):
1.         The Respondent has been served in this case.
2.         Petitioner’s       Respondent’s Preliminary Declaration of Disclosure has been served.
3.         I have         I have not discussed this request with the other party and (check one):
           a.         We agree
           b.         We are requesting a Settlement Officer Conference (SOC).
           c.         We do not agree but I ask the court to grant my request based on the attached declaration.
           d.         Please see attached declaration where I explain why I have not discussed this request with the other party and
                      why my request should be granted.
           e.         A no contact restraining order is in effect.
4.         First change: This is my first request to change the date. Please schedule the Status or Case Resolution Conference at
           least 30 days out but not on the following dates because I am NOT available:


5.         More than one change: The Case Status or Resolution Conference has been changed (number)
           time(s) already. I am asking that the date be changed again and have attached a declaration that explains my reasons for
           this request.
6.         Alternative Dispute Resolution (ADR): We are asking that the date be changed because we are involved in an alternative
           dispute resolution process. Please schedule our Conference no more than six months out but not on the following dates
           because we are NOT available:


7.         Reconciliation: We are asking that the date be changed because we are attempting reconciliation. Please schedule our
           Conference no more than six months out but not on the following dates:
                            ___________________________________________________________________________________


8.    I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.


Date:                                                          Signature:



Date:                                                          Signature:

FM-1059 REV 1/01/13                                                                                              Santa Clara County Family Local Rule 6
                                           REQUEST AND ORDER TO CHANGE STATUS OR                                                            Page 1 of 2
                                              CASE RESOLUTION CONFERENCE DATE
                                                                                                                 ATTACHMENT FM-1059
PETITIONER:                                                                                            CASE NUMBER:


RESONDENT:



9.   ORDER:
     IT IS HEREBY ORDERED that the request to change the Status or Case Resolution Conference date is:
     a.       Approved
                                           The new Status      Case Resolution Conference               is scheduled for:
                                   Date:                    Time:                             a.m.   p.m.    Department:


     b.       SOC Approved. The parties shall contact the Calendar Clerk to schedule. A Status Conference will be scheduled with
              the APJ to occur within 180 days.
     b.       Not Approved. The parties are ordered to appear at the currently scheduled conference.



Date:
                                                                        Judicial Officer:


                                                                    INSTRUCTIONS
9.   Please refer to Superior Court of California, County of Santa Clara’s Local Family Rules of Court for more information.
     •    Fill out page 1 of this form.
          Make at least two (2) copies of both sides of this form. If there is an agreement, both parties or counsel need to sign page If
          there is no agreement, have a copy served by mail to the other party. The server must complete the Proof of Service by
          Mail section below. You cannot serve the form yourself.
     •    Submit to the Clerk’s Office at the Family Court Facility, where your case is assigned, at least 10 calendar days before the
          currently scheduled Status or Case Resolution Conference:
                  This original form
                  All the copies
                  One stamped envelope addressed to each party or counsel in the case.
     •    The Clerk’s Office will mail you a copy of this form to let you know if your request was approved or not approved.



                                              PROOF OF SERVICE BY MAIL (C.C.P. 1013A)


10. I mailed a copy of the Request and Order to Change Status or Case Resolution Conference Date in sealed envelope as follows:
     a.   Mailed from (City)                                                      , (State)
     b.   On (date):
     c.   To (name and address of the person served):


11. Server’s Information:
     a.   Name:
     b.   Address:
          City:                                                          State:                             Zip Code:

12. Please also complete the following if you are a registered process server:
     County Registration                                             Registration Number:


13. 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

FM-1059 REV 1/01/13                    REQUEST AND ORDER TO CHANGE STATUS OR                                     Santa Clara County Family Local Rule 6
                                                                                                                                            Page 2 of 2
                                          CASE RESOLUTION CONFERENCE DATE
                                                                     ATTACHMENT FM-1061
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
Family Law Division
Address: 170 Park Avenue San Jose, CA 95113
Main Number: (408) 534-5600
Clerk’s Office: (408) 534-5711
Mailing Address:
191 North First Street, San Jose, CA 95113




TO:              Family Court Services Clients

RE:              Documents Submitted to FCS Counselors


1.      Family Court Services (FCS) will only accept document or materials for a
        custody/visitation case that have been copied and submitted to the other parties.

2.      You must provide copies of any documents or materials to the other parties before
        you give any written information or pictures to Family Court Services (FCS).


3.      To confirm that you have given copies to the other parties, you must submit with the
        documents a signed declaration made under penalty of perjury of mailing or
        personal service.


4.      A declaration form is printed on the reverse side of this notice for your use.


5.      If there is no proof of service or a signed declaration attached to the documents or
        other materials, Family Court Services (FCS) counselors will not review them and
        will return the information to the submitting party.




FM-1061 REV 1/01/10                                                                      Page 1 of 2
                                                                           ATTACHMENT FM-1061
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
Family Law Division
Address: 170 Park Avenue, San Jose, CA 95113
Main Number: (408) 534-5600
Clerk’s Office: (408) 534-5711
Mailing Address:
191 North First Street, San Jose, CA 95113




                  DECLARATION OF MAILING OR PERSONAL SERVICE

RE: Documents/Materials Submitted to Family Court Services

I declare, under penalty of perjury, that I have provided copies of all of the attached documents
and/or materials totaling             pages to the other attorney’s and parties, listed below, prior to
submitting them to Family Court Services by                   mailing or           personal service on
                            to the following persons at the following addresses.




I declare under penalty of perjury, that the foregoing is true and correct, and that this declaration
was executed on                                 , at                                      , California.




                                                         Signature



                                                         Print Name




FM-1061 REV 1/01/10                                                                           Page 2 of 2
                                                                                                     ATTACHMENT FM-1067
ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name and Address):          TELEPHONE NUMBER:                 FOR COURT USE ONLY




ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
      STREET ADDRESS:
      MAILING ADDRESS:
     CITY AND ZIP CODE:
         BRANCH NAME:
     PETITIONER:



 RESPONDENT:




      CLAIMANT:                                                                          CASE NUMBER:


                                                                                         APPLICATION #:

                                                                                         APJ:
     APPLICATION FOR PAYMENT OF ATTORNEY FEES AND
             COSTS OF CHILD(REN)’S COUNSEL
                                                                                         DEPARTMENT:



I,                                                                                      , declare the following:

1.     I am the Child(ren)’s Counsel in the above-entitled action. I was appointed on                                               ,
       by the Honorable                                                                to represent the following child(ren) in
       this matter:                                                                                                                 .

2.     I, and/or my staff, have completed                               hours of work on this matter between the date
                                  of and                               .

3.     At my billing rate of $              per hour, I have billed a total in fees and costs of $              during this time
       period. [Billing is at a reduced rate of $                  per hour. My usual hourly rate is $                    per hour.]

4.         This matter, as it pertains to my client(s), is complete.
                 An order has been entered, or
                 I am currently requesting that an order be entered for that reason, terminating my appointment.

5.     I am now requesting attorney fees and costs from                                              through
       for the                         hours that I and/or my staff have spent on behalf of the minor child(ren)
           since my appointment, or              since my last application for an order for fees.

6.         I am now requesting that the court order the replenishment of the retainer. I ask that each party pay the
       amount of $                                     to me within fifteen (15) days of the date the Order for Fees is filed.




FM-1067 REV 1/01/10           APPLICATION FOR PAYMENT OF ATTORNEY FEES AND                                            Page 1 of 2
                                        COSTS OF CHILD(REN)’S COUNSEL
                                                                                         ATTACHMENT FM-1067
PETITIONER:                                                               CASE NUMBER:

RESPONDENT:


7.      Each month since my appointment I have sent billing statements to the parties through their attorneys of
        record, or, if self-represented, to the party directly. I am submitting with this application, copies of those
        statements as Exhibit “A,” not to be filed in the court file. My time was billed at the rate of $
        per hour. If applicable, I have billed paralegal time at the rate of $                      per hour. I have
        recorded               hours at no charge.

8.      I am requesting fees in the amount of                                    and costs in the amount of
                                    . I recommend that the court allocate the payment of such fees and costs as
        follows:                            % to be paid by Mother;
                                            % to be paid by Father;
                                            % to be paid by the Superior Court
        for the following reason(s):




9.          I mailed a copy of this Application and Exhibits with a blank Response and blank Income and Expense
        Declaration to the parties or their attorneys of record on                                                      .
             A copy of this Application and Exhibits with a blank Response and blank Income and Expense
        Declaration was served on the parties or their attorneys of record on                .
10.         I am submitting this Application and Exhibits to the clerk of Department                  .

11.         I am submitting this Application and Exhibits to the Superior Court Finance Department.

12.         I request Abstracts of Judgment and Earnings Withholdings Orders be issued for the following
        reasons:




I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.


Date:
                                                             Child(ren)’s Counsel

                                               NOTICE TO PARTIES:
You must complete the form “Response to Application for Payment of Fees and Costs of Children’s
Counsel” and follow the procedures set out in that form. Your response must be received within 21
calendar days of the date of this application:

      by the Clerk in Department                    * 170 Park Avenue, San Jose, CA 95113
      by the Clerk in Department                    * 605 West El Camino Real, Sunnyvale, CA 94087
      by the Clerk in Department                      301 Diana Avenue, Morgan Hill, CA 95037

See “Payment Procedure for Children’s Attorney,” enclosed.
Failure to submit a response may result in an order directing you to pay up to 100% of the fees and costs
requested.

*or mailed to: Superior Court of California, County of Santa Clara
                191 North First St., San Jose, CA 95113


FM-1067 REV 1/01/10       APPLICATION FOR PAYMENT OF ATTORNEY FEES AND                                    Page 2 of 2
                                    COSTS OF CHILD(REN)’S COUNSEL
                                                                                               ATTACHMENT FM-1068
ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name and Address):      TELEPHONE NUMBER:                 FOR COURT USE ONLY




ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
      STREET ADDRESS:
      MAILING ADDRESS:
     CITY AND ZIP CODE:
         BRANCH NAME:
     PETITIONER:



 RESPONDENT:




      CLAIMANT:                                                                    CASE NUMBER:


                                                                                   FCS NUMBER:

                PETITIONER’S     RESPONDENT’S                                      APJ:
     RESPONSE TO CHILD(REN)’S COUNSEL’S APPLICATION FOR
           PAYMENT OF ATTORNEY FEES AND COSTS                                      DEPARTMENT:


1.      I,                                                                , declare the following:
             I am the attorney for the Father/Mother of the minor child(ren) in this case.
             I am the Father/Mother of the minor child(ren) in this case. I am self-represented.
             A new Income and Expense Declaration is attached.
             I am attaching a copy of the Income and Expense Declaration I have filed previously because I declare
             that the information in it has not changed.

        REQUEST FOR ALLOCATION OF FEES FOR CHILD(REN)’S COUNSEL

2.           I propose the following allocation of payment:
        Father to pay                    % and Mother to pay           % of the ordered fees and costs. My reasons for
        proposing that allocation are the following:




3.           I ask that the Court pay my part of the fees and costs for the following reason(s):




4.           I request monthly payments, I believe I can pay $                       per month.

I declare under penalty of perjury under the laws of California that the foregoing is true and correct.


Date:
                                                            Signature


FM-1068 REV 1/01/10                RESPONSE TO CHILD(REN)’S COUNSEL’S APPLICATION                                     Page 1 of 2

                                          FOR PAYMENT OF ATTORNEY FEES
                                                                                 ATTACHMENT FM-1068


PETITIONER:                                                       CASE NUMBER:

RESPONDENT:




                                        NOTICE TO PARTIES
YOU MUST SUBMIT THIS FORM AND A CURRENT INCOME AND EXPENSE DECLARATION,
JUDICIAL COUNCIL FORM FL-150 (OR A PREVIOUSLY-FILED INCOME AND EXPENSE
DECLARATION IF YOU DECLARE THAT THE INFORMATION HAS NOT CHANGED) TO THE

     Clerk in Department                      * 170 Park Avenue, San Jose, CA 95113
     Clerk in Department                      * 605 West El Camino Real, Sunnyvale, CA 94087
     Clerk in Department                       301 Diana Avenue, Morgan Hill, CA 95037

THE CLERK MUST RECEIVE THE APPLICATION WITHIN 21 CALENDAR DAYS OF THE DATE ON
THE APPLICATION FOR FEES.            DO NOT ADD AN ADDITIONAL FIVE DAYS FOR SERVICE BY
MAIL. (*OR mail to Santa Clara County Superior Court, 191 North First St., San Jose, CA 95113).

FAILURE TO SUBMIT A RESPONSE MAY RESULT IN AN ORDER DIRECTING YOU TO PAY UP
TO 100% OF THE FEES AND COSTS REQUESTED.

You must also mail or give a copy of this Response and the Income and Expense Declaration to the
other party or his/her attorney, and file the attached Proof of Service with the Court.




FM-1068 REV 1/01/10        RESPONSE TO CHILD(REN)’S COUNSEL’S APPLICATION                    Page 2 of 2

                                  FOR PAYMENT OF ATTORNEY FEES
                                                                                  ATTACHMENT FM-1078


                                SUPERIOR COURT OF CALIFORNIA
                                  COUNTY OF SANTA CLARA

                                        FAMILY COURT SERVICES
                                        CLIENT COMPLAINT FORM



    We at Family Court Services appreciate your taking time to inform us of your complaint about the services
    you received through our offices. We encourage you to notify us of your complaint as early as possible.
    Our staff is committed to responding to your concerns in a prompt and thorough manner. We are
    interested only in helping you and the courts make the best decisions possible to meet the needs and
    interests of your children.

    We encourage all clients with complaints about their experience with Family Court Services to first talk
    directly with the individuals involved in order to try and work things out. Many complaints about mediation
    and evaluation services are a result of misunderstanding or miscommunication, and many of these
    misunderstandings can be worked out through direct, honest discussion.

    Formal Complaint Process: If you want an investigation of and response to a complaint, you must
    submit the complaint in writing and provide a copy of the written complaint to the attorney or self-
    represented person on the other side and submit either a Proof of Service or Declaration Under Penalty
    of Perjury that you have done so. Attachments to this complaint form may not exceed three pages,
    double spaced. Once the complaint has been investigated, a written response will be prepared and sent
    to the complaining person and copied to all the attorneys/self-represented persons in the case.

    Attached is a set of questions that will help us better understand the nature of your complaint about
    Family Court Services staff and/or procedures. Please complete the form and return to the Family Court
    Services office in which your mediation, screening, assessment or evaluation took place. Please
    complete the form and return it to the Family Court Services office. A supervisor will respond within 30
    days.

    Please review the next page for some general information that may help you understand how Family
    Court Services and the courts work.




FM-1078 REV 01/01/13                                                                                      Page 1 of 4
                                                                               ATTACHMENT FM-1078


                HOW FAMILY COURT SERVICES AND THE FAMILY COURT WORKS

    1.        Responsibility for making official orders about your parenting arrangements rests with
              the court. No one but a judge can order any child custody or visitation arrangement.
              Mediators in Santa Clara County Superior Court, who perform mediations at Family
              Court Services, cannot make recommendations about your case without the permission
              of both parents. If a mediator performs an Emergency Screening, an Assessment or an
              Evaluation, they are responsible to make recommendations of what they think would be
              best for your children, but they do not make a court order or a decision. The judge is
              the only person authorized to order a child custody or visitation arrangement.

    2.        Family Court Services cannot reverse or change a court-ordered parenting plan. Only
              the judge can change the court order. If you are concerned about the custody or
              visitation orders that were made by a judge, you must make your appeal directly to the
              court for a review of the case. Your attorney or staff of the Family Court Clinic can tell
              you how to appeal a court decision.

    3.        A complaint about how you were treated in Family Court Services or about the
              procedures used can be addressed directly by the Family Court Services office.

    4.        Submitting a complaint through the use of the attached form is not an appeal for a
              review or reversal of court orders that have been made in your case. An appeal is a
              legal process over which Family Court Services has no control. Use of this form is,
              however, the proper way to express your grievances about the way in which Family
              Court Services handled your child custody mediation, screening, assessment or
              evaluation case.

    5.        To process your written complaint, the director or one of the supervisors will :

                   •   Review your complaint.
                   •   Talk with staff who has been involved with your case.
                   •   Determine whether your complaint is a matter that the Family Court Services can
                       address or a legal matter only the courts can address.
                   •   Respond in writing to the complaining party and to the attorney or self-
                       represented person on the other side.




FM-1078 REV 01/01/13                                                                              Page 2 of 4
                                                                             ATTACHMENT FM-1078


                                           CLIENT COMPLAINT FORM

      Please complete the following items to help us better understand your complaint. This form
      will not be placed in your Family Court Services file or in your court file.

      Name
      Address




      Daytime Phone
      Case Number
      Do you have an attorney?          Yes         No
      This complaint is about      An individual(s) in the Family Court Services mediation or
                                   evaluation office
                                   A Family Court Services procedure
                                   Both an individual and a procedure
      If an individual(s) is the source of your concern, please provide the name(s) below, if known:



      When did the action about which you are concerned happen?           Within the last month
                                                                          Within the last three months
                                                                          Within the last year
                                                                          More than one year ago
       What is your complaint? Please be specific.




      What would you like to have done as a result of this complaint?




FM-1078 REV 01/01/13                                                                              Page 3 of 4
                                                                             ATTACHMENT FM-1078


      Is your mediation or evaluation in progress at this time?     Yes         No

      What other information do you think is important for us to know?




      Signature                                                      Date
      (Unsigned or anonymous complaints cannot be accepted)



      Client surveys are available through the Family Court Services office if you would like to
      provide other feedback about the child custody mediation and/or evaluation process.




FM-1078 REV 01/01/13                                                                               Page 4 of 4
                               SUPERIOR COURT OF CALIFORNIA
                                  COUNTY OF SANTA CLARA




         INITIAL APPLICATION FOR APPOINTMENT AS COUNSEL FOR MINOR CHILDREN
                                 IN FAMILY COURT CASES


Name                                                                  Phone Number


Business Address                                                      E-mail


Year Admitted to CA Bar                                               CA State Bar Number


1.     California Rule of Court 5.242 requires certain minimum qualifications before the Court can appoint a
       lawyer to represent a child in family law proceedings. Please attach to this application a Judicial Council
       form FL-322 completed except for question #2 and signed.

2.     If you have been appointed as counsel for a minor in a family law proceeding, please state the total
       number of such appointments:
       How many such appointments are currently pending?

3.     Please specify any languages other than English you speak well enough to communicate effectively with
       minor(s) and parents.


4.     Do you have other particular skills, training, interests, or preferences (e.g., age, gender, family ethnicity,
       educational or medical issues)?


5.     With respect to the twelve hours of education and training referenced in question #5 on FL-322, state the
       number of hours of study completed in each of the following areas:

       A.     Statutes, rules of court and case law related to child custody and visitation litigation.
                                                             Hours completed
                                                             Year(s) in which study completed

       B.     Representation of a child in custody and visitation proceedings.
                                                             Hours completed
                                                             Year(s) in which study completed

       C.     Special issues in representing a child, including:

              1. Various stages of child development;
                                                             Hours completed

FM-1081 REV 7/01/09                                                                                           Page 1 of 2
                                                           Year(s) in which study completed
INITIAL APPLICATION FOR APPOINTMENT AS
COUNSEL FOR MINOR CHILDREN IN FAMILY COURT CASES (cont’d)



              2. Communicating with a child at various developmental stages and presenting the child’s view;
                                                       Hours completed
                                                       Year(s) in which study completed

              3. Recognizing, evaluating and understanding evidence of child abuse and neglect, family
                 violence and substance abuse, cultural and ethnic diversity, and gender specific issues;
                                                       Hours completed
                                                       Year(s) in which study completed

              4. The effects of domestic violence and child abuse and neglect on children;
                                                       Hours completed
                                                       Year(s) in which study completed

              5. How to work effectively with multidisciplinary experts.
                                                       Hours completed
                                                       Year(s) in which study completed


I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.




Date:
                                                   Signature




FM-1081 REV 7/01/09                                                                                         Page 2 of 2
                               SUPERIOR COURT OF CALIFORNIA
                                  COUNTY OF SANTA CLARA




                      ANNUAL RENEWAL APPLICATION/ELIGIBILITY DECLARATION
                        FOR APPOINTMENT AS COUNSEL FOR MINOR CHILDREN
                                    IN FAMILY COURT CASES


Name                                                                  Phone Number


Business Address                                                      E-mail


Year Admitted to CA Bar                                               CA State Bar Number


1.     California Rule of Court 5.242 requires certain minimum qualifications before the Court can appoint a
       lawyer to represent a child in family law proceedings. Please attach to this application a Judicial Council
       form FL-322 completed except for question #2 and signed.

2.     If you have been appointed as counsel for a minor in a family law proceeding, please state the total
       number of such appointments:
       How many such appointments are currently pending?

3.     Please specify any languages other than English you speak well enough to communicate effectively with
       minor(s) and parents.


4.     Do you have other particular skills, training, interests, or preferences (e.g., age, gender, family ethnicity,
       educational or medical issues)?



5.     With respect to the eight hours of education and training referenced in question #8 on FL-322, state the
       number of hours of study completed in the last twelve months in each of the following areas:

       A.     Statutes, rules of court and case law related to child custody and visitation litigation.
                                                                      Hours completed

       B.     Representation of a child in custody and visitation proceedings.
                                                                      Hours completed

       C.     Special issues in representing a child, including:
              1. Various stages of child development;
                                                                      Hours completed



FM-1082 REV 7/01/09                                                                                         Page 1 of 2
ANNUAL RENEWAL APPLICATION/ELIGIBILITY DECLARATION
FOR APPOINTMENT AS COUNSEL FOR MINOR CHILDREN
IN FAMILY COURT CASES (cont’d)



              2. Communicating with a child at various developmental stages and presenting the child’s view;
                                                                    Hours completed

              3. Recognizing, evaluating and understanding evidence of child abuse and neglect, family
                 violence and substance abuse, cultural and ethnic diversity, and gender specific issues;
                                                                    Hours completed

              4. The effects of domestic violence and child abuse and neglect on children;
                                                                    Hours completed

              5. How to work effectively with multidisciplinary experts.
                                                                    Hours completed


I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.




Date:
                                                   Signature




FM-1082 REV 7/01/09                                                                                         Page 2 of 2
                                                                                                 ATTACHMENT FM-1083
 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS)      TELEPHONE NUMBER:                FOR COURT USE ONLY




 ATTORNEY FOR (Name):
 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
      STREET ADDRESS:
      MAILING ADDRESS:
     CITY AND ZIP CODE:
         BRANCH NAME:

     PETITIONER:

     RESPONDENT:

  OTHER PARENT/CLAIMANT:
                                                                                   CASE NUMBER:
                        STIPULATION AND ORDER
                                      Modification                                 DEPARTMENT:


1.        Not based on a hearing
          Today’s Hearing (date)

2. Judge:                                                                       Temporary

3. The parties agree that the Court will make orders about the following items:
          Custody/Visitation                             Arrears
          Child Support                                  Attorney’s Fees and Costs
          Spousal or Family Support                      Other:
          All other issues are reserved until further Court order

4. Parties/Attorneys:
          Petitioner present in court           Petitioner’s attorney present:
          Respondent present in court           Respondent’s attorney present:
          Claimant present in court             Claimant’s attorney present:
          Child’s Attorney/Other (specify):               present:

5.        Continued Hearing: This hearing is continued to (dept)                 on (date)         at (time)
          about the following issues:



6. Number of attached pages:


                     Do not use this form for domestic violence restraining orders.
         Those orders must be made on a Restraining Order after Hearing (CLETS), form DV-130.




FM -1083 REV 7/1/11                        STIPULATION AND ORDER                                                  Page 1 of 2
PETITIONER:                                                                        CASE NUMBER:

RESPONDENT:


We have read this entire Stipulation and Order, including all Attachments. We understand it fully and ask that
the Court make our stipulation into court orders.




Date:
                                                           Petitioner

Date:
                                                                Attorney for Petitioner

Date:
                                                           Respondent

Date:
                                                                Attorney for Respondent


Date:
                                                                Child’s Attorney

Date:
                                                                Other:

Date:
                                                                Other:


Interpreter Witness Declaration

       Interpreter: The     Petitioner       Respondent is unable to read or understand this Stipulation and Order
       and its attachments because:
       a.      his/her primary language is (specify):
       b.     other (specify):

I certify under penalty of perjury under the laws of the State of California that I have, to the best of my ability, read or
translated for the       Petitioner        Respondent this Stipulation and Order including all attachments. He or she
said they understood this Stipulation and Order and its attachments before signing them.



Date                               Interpreter’s printed name                        Interpreter’s signature


                                                          ORDER

The Court approves the terms stipulated and agreed to in this document by the parties and makes them court
orders. All previous orders that are not inconsistent with these orders remain in full force and effect.



Date:
                                                           Judicial Officer of the Superior Court




FM-1083 REV 7/01/11                           STIPULATION AND ORDER                                                Page 1 of 2
                                                                                      Case Number:
     FM-1102           Other Orders – Property Removal
This form is attached to:             DV-130          CH-140

1.   Protected Person’s name:

2    Restrained Person’s name:

3.   Taking personal items of property: As a one-time exception to the “Personal Conduct” and “Stay-Away”
     orders attached to this form, the Restrained Person         Protected Person:

     a.       May take agreed upon items of property from the □ Protected Person’s      Restrained Person’s home.
          Items that the parties do not agree about must not be taken unless the Court makes an order allowing the
          items to be removed. The agreed upon items of property may be taken between (date)                 and
          (date)                between (times)               and                 .

     b.       May only take items of property that are described in item 7 on the second page of this order. The items
          may be taken between (date)                   and (date)                  between (times)
          and                 .

     c.        Must submit a written list of personal property items which are being requested to the other party by mail
                  calendar days in advance of the removal date and items which are agreed upon must be removed as
          set forth above in section 3a. The mailing of this list by the Restrained Person (if applicable) is an exception
          to the No Contact Orders.

     d.   Must contact Law Enforcement to request the Civil Standby. The exact date and time must be approved by
          Law Enforcement in advance of any property removal. Removal must not occur before 7 a.m. or after 10
          p.m.

     e.      Must place in a box or boxes the other party’s personal belongings as listed in item 7 on the second
          page of this order for delivery to the Restrained Person. The terms of delivery must be as follows:




4.   Civil Standby: A “Civil Standby” is when a Law Enforcement Officer comes to a place to make sure that the
     situation there is peaceful. The party who is removing their personal items must give a copy of these Property
     Removal Orders to the Law Enforcement Officer. Both parties must obey the instructions of the Law
     Enforcement Officer present at the Civil Standby. A Civil Standby may last up to thirty minutes but may be
     stopped at any time by the Law Enforcement Officer.

5.       Peaceful Communication: The parties may communicate peacefully with each other regarding the
     property removal while the items of property are being removed as an exception to the attached Personal
     Conduct orders. Any Law Enforcement Officer present while the items of property are being removed has the
     authority to stop all communication.

6. Others present at property removal:
      The Civil Standby must not proceed if the resident party or a designated representative is not present.
      Each party may have up to two other people who are not listed as protected people on this Restraining
   Order present while the items of property are being removed. Any contact between the parties and these
   people must be peaceful.
      The parties may not have others present when the items of property are removed.
      The following people     may be      may not be present when the items of property are removed:




FM-1102 REV 1/01/11                     OTHER ORDERS – PROPERTY REMOVAL                                           Page 1 of 2

                                                 (DV-130/CH-140)
                                                                                       Case Number:
  FM-1102               Other Orders – Property Removal
7. Other Orders:
     a. Minor children shall not be present during property removal.
     b. The orders herein are for temporary possession and the issue of final ownership of any item may be
          subject to review by a Court of competent jurisdiction.
     c. Items to be removed:
          1.      Necessary Personal Property, which means clothing, toiletries, prescribed medication, medical
               records, medical insurance card, driver’s license or State identification cards; and passport, credit cards,
               ATM cards and checkbook(s) bearing the name of the person authorized to remove property in this order.
          2.      List of items to be removed:




FM-1102 REV 1/01/11                      OTHER ORDERS – PROPERTY REMOVAL                                            Page 2 of 2

                                                  (DV-130/CH-140)
                                                                                                        ATTACHMENT FM-1110
                                                                                                         FOR COURT USE ONLY
     SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
     FAMILY LAW DIVISION
        170 Park Avenue, San José                  99 Notre Dame Street, San José
        301 Diana Avenue, Morgan Hill              605 W. El Camino Real, Sunnyvale
     Mailing Address: 191 N. First Street, San José, California 95113

     PETITIONER:
     RESPONDENT:
     OTHER PARENT/ CLAIMANT:


         APPLICATION AND ORDER FOR EXPERT WITNESS FEES                                         CASE NUMBER:
         (FAMILY CODE SECTION 3112)
                                                                                               DEPARTMENT NUMBER:
         APPLICATION AND ORDER FOR DEPOSITION FEES
                                                                                               FCS NUMBER:
         (GOVERNMENT CODE SECTION 68096.1(d))


                                                             APPLICATION

I,                                                                               , declare under penalty of perjury, as follows:

1. I am an Evaluator/Screener for the Superior Court of California, County of Santa Clara Family Law Division.

2. I have been ordered by the Court to perform an evaluation/screening involving custody and visitation
       investigation in the above listed matter and, in conjunction with such evaluation I have been required to provide
       testimony as an expert witness on                                                                                                    .

3. The assessed fee for such testimony is $ _______ per hour. I spent                                 hours testifying. The total
       cost for the testimony is $                           .



Dated:                                                                 Signed:
                                                                                                   Screener/Evaluator

                                                                  ORDER
IT IS ORDERED that:

1. Petitioner shall pay $_________. Respondent shall pay $                            . The fees are due and payable within 30
       days from the service of this Order, unless a fee waiver of these specific fees is granted.

2. Other Orders:




Dated:
                                                                       Judicial Officer




FM-1110 REV 7/01/11                               EXPERT WITNESS FEE APPLICATION                                              Page 1 of 1
                                                                                                   ATTACHMENT FM-1112
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA                                                    FOR COURT USE ONLY

     STREET ADDRESS:                     CENTRAL (170 Park Avenue, San José, CA 95113)
                                         NORTH (605 El Camino Real, Sunnyvale, CA 94087)
                                         SOUTH (301 Diana Avenue, Morgan Hill, CA 95037)
     MAILING ADDRESS:                 191 North First Street
   CITY AND ZIP CODE:                 San José, CA 95113
            BRANCH NAME:              Family Court

    PETITIONER/PLAINTIFF:



RESPONDENT/DEFENDANT:


                                                                                            CASE NUMBER:
             STIPULATION FOR COURT COMMISSIONER TO ACT
                AS TEMPORARY JUDGE FOR ALL PURPOSES



Commissioner                                                                        , is a judicial officer of the Superior Court of
California, County of Santa Clara, and may act as a Temporary Judge if all the parties agree in writing.
Your signature below means you agree the above-named Court Commissioner shall act as a Temporary
Judge for all purposes in this matter until final determination of the case, including all post-trial matters.
Dated:
SIGNATURE                                                       PRINTED NAME OF PARTY AND/OR ATTORNEY


(Plaintiff/Petitioner)


(Attorney for Plaintiff/Petitioner)


(Defendant/Respondent)


(Attorney for Defendant/Respondent)


(Claimant/Other Party)


(Attorney for Claimant/Other Party)

Interpreter Witness Declaration
       Interpreter: The               Petitioner         Respondent is unable to read or understand this Stipulation
       because:
       a.         his/her primary language is (specify):
       b.        other (specify):
I certify under penalty of perjury under the laws of the State of California that I have, to the best of my ability, read
or translated for the          Petitioner       Respondent this Stipulation. He or she said they understood this
Stipulation before signing it.


Date                                         Interpreter’s printed name                          Interpreter’s signature


FM-1112 REV 7/1/11                         STIPULATION FOR COURT COMMISSIONER TO ACT                                        Page 1 of 1
                                            AS TEMPORARY JUDGE FOR ALL PURPOSES
                                                                                                         ATTACHMENT FM-1119
 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS)             TELEPHONE NUMBER:                 FOR COURT USE ONLY




 ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
      STREET ADDRESS:
      MAILING ADDRESS:
     CITY AND ZIP CODE:
         BRANCH NAME:

              PETITIONER:

             RESPONDENT:

                                                                                          CASE NUMBER:
             FAMILY LAW JUDICIAL SETTLEMENT PROGRAM
                      STIPULATION AND ORDER

1.      The parties and their attorneys stipulate that claims in this action be submitted to the Family Law Judicial
        Settlement Program for a Settlement Conference.

2.     It is further stipulated that the matter be submitted to the following judicial officers, in the following order:
       a.       The Hon.                                   , Judge, Superior Court of California, County of Santa Clara; or
       b.       The Hon.                                   , Judge, Superior Court of California, County of Santa Clara; or
        c.       A judicial officer of the Superior Court of California, County of Santa Clara assigned by the Family
                 Supervising Judge.
        d. We estimate the trial will take                 days.

3.      Parties and counsel have read and agree to be bound by the Rules of the Family Law Judicial Settlement
        Program, and the Rules of Court of the Superior Court of California, County of Santa Clara.

Date:



(Attorney for Petitioner - Type or Print Name)                              (Signature)



(Petitioner - Type or Print Name)                                           (Signature)



(Attorney for Respondent - Type or Print Name)                              (Signature)



(Respondent - Type or Print Name)                                           (Signature)



(Attorney for Other - Type or Print Name)                                   (Signature)


                                            (Attach additional signature pages if necessary)
                                                     ORDER ON REVERSE SIDE

FM-1119 Rev. 1/01/13                     FAMILY LAW JUDICIAL SETTLEMENT PROGRAM                                           Page 1 of 2
OPTIONAL USE                                      STIPULATION AND ORDER
                                                                                           ATTACHMENT FM-1119
PLAINTIFF:                                                                           CASE NUMBER:

DEFENDANT:


4.      Application for Family Law Judicial Settlement Program is:
        a.    Approved.
        b.    Denied.

5.      This case is submitted for Settlement Conference to Judge                               , Department                 .

6.      Parties and/or counsel shall contact the Settlement Judge within 10 calendar days for scheduling of the
        hearing.

7.      Pending the completion of the settlement process, discovery and law and motion proceedings        are not
        stayed     are stayed [except for the following matters:
                                                                       .     The following matters __________
         ___________________________________________________________ are continued to                  , 20    ,
        at                        a.m.      p.m. in Department         .

8.          Settlement and Case Status Review is set for                      , 20       , at           a.m.       p.m.
        in Department            .

9.          The Case Status/Case Resolution Conference set for                  , 20   , at             a.m.       p.m.
        in Department                remains set     is vacated        is continued to                    , 20       ,
        at                  a.m.    p.m. in Department         .


IT IS SO ORDERED.




Date:
                                                           Judge of the Superior Court




FM-1119 Rev. 1/01/13               FAMILY LAW JUDICIAL SETTLEMENT PROGRAM                                      Page 2 of 2
OPTIONAL USE
                                            STIPULATION AND ORDER

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:1
posted:1/19/2013
language:Unknown
pages:109