SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA FAMILY RULES

Transcription

1 SUPERIOR COURT FOR THE STATE OF CALIFORNIA FAMILY RULES 1 GENERAL INFORMATION... 1 A. SCOPE... 1 B. SANCTIONS... 1 C. FAMILY JUSTICE CENTER COURTHOUSE... 1 D. CASE ASSIGNMENT... 1 E. VENUE... 3 F. ABBREVIATIONS... 3 G. SERVICE OF ALTERNATE DISPUTE RESOLUTION... 3 H. FILING REQUIREMENTS... 4 I. PREPARATION OF ORDERS... 5 J. SERVICE OF SUMMONS BY PUBLICATION OR POSTING... 5 K. DEFINITION OF SOUTH BAY COUNTIES... 6 L. ONE SETTING PER CALENDAR CALL AND CONFLICTS... 6 M. MEET AND CONFER REQUIREMENTS CUSTODY AND VISITATION... 7 A. PARENT ORIENTATION... 7 B. MEDIATION... 7 C. CONTESTED CASES RETURN TO MEDIATION AFTER OBJECTIONS JUDICIAL CUSTODY CONFERENCE CUSTODY EVALUATIONS RECOMMENDED ORDERS AND OBJECTIONS CUSTODY SETTLEMENT CONFERENCE EMERGENCY SCREENINGS MODIFICATION OF JUVENILE COURT EXIT ORDERS D. SPECIAL ISSUES FCS PERSONNEL CHILDREN IN THE COURTHOUSE TESTIMONY OF CHILDREN PRODUCTION OF FCS RECORDS/PROTECTIVE ORDER DOCUMENTS PROVIDED TO EVALUATOR OR SCREENER DOMESTIC VIOLENCE TRAINING TIME LIMITS NON-PROFESSIONAL SUPERVISED VISITATION CHILD, SPOUSAL AND PARTNER SUPPORT A. INITIAL SUPPORT MOTIONS B. COMPUTER SUPPORT PRINTOUTS C. TEMPORARY SPOUSAL OR PARTNER SUPPORT FORMULA D. INCOME AND EXPENSE DECLARATION/FINANCIAL STATEMENT (SIMPLIFIED) E. TAX RETURNS F. SEEK WORK ORDER G. CHILD SUPPORT HEARINGS IN DCSS MATTERS... 18

2 SUPERIOR COURT FOR THE STATE OF CALIFORNIA FAMILY RULES 4 ATTORNEY S FEES AND COSTS A. FEE REQUESTS B. FEE DECLARATIONS LAW AND MOTION A. EX PARTE/EMERGENCY APPLICATIONS AND ORDERS ORDERS SHORTENING TIME SUBMISSION OF EX PARTE APPLICATIONS NOTICE OF APPLICATION MANNER OF NOTICE OF APPLICATION OPPOSITION TO EX PARTE APPLICATION ONLINE STATUS OF EX PARTE APPLICATIONS B. SPECIAL PROCEDURES FOR DVPA RESTRAINING ORDERS EXISTING CRIMINAL PROTECTIVE ORDERS MODIFICATION OF CRIMINAL PROTECTIVE ORDERS C. FAX FILING IN DOMESTIC VIOLENCE, GUN VIOLENCE AND ELDER ABUSE RESTRAINING ORDER CASES DEFINITIONS DIRECT FILING SIGNATURES SERVICE PROVIDERS D. STIPULATIONS E. PROOF OF SERVICE F. TIME LIMITS AND COUNTER-MOTIONS G. CONTINUANCES FIRST CONTINUANCE ADDITIONAL CONTINUANCES H. LONG CAUSE HEARINGS I. MATTERS TAKEN OFF CALENDAR OR RESOLVED BEFORE HEARING J. DOCUMENTS K. TIME ESTIMATES L. CONTEMPT APPOINTMENT OF COUNSEL ORDERS M. TENTATIVE RULINGS IN FAMILY LAW AND MOTION MATTERS *SEE ATTACHED GENERAL ORDER RELATED TO RULE 6 EFFECTIVE OCTOBER 24, * CASE STATUS CONFERENCE (STATUS CONFERENCE), SETTLEMENT, FAMILY CENTERED CASE RESOLUTION (CRC), LONG CAUSE HEARINGS AND TRIALS A. PURPOSE B. CASE STATUS CONFERENCE (STATUS CONFERENCE) CALENDAR ORDERS AT STATUS CONFERENCE ATTENDANCE... 31

3 SUPERIOR COURT FOR THE STATE OF CALIFORNIA FAMILY RULES C. SETTLEMENT OFFICER CONFERENCE (SOC) AND CASE STATUS CONFERENCE PURPOSE CALENDAR PROCEDURES ORDERS AFTER SOC AND STATUS CONFERENCE D. REQUEST FOR TRIAL E. CASE RESOLUTION CONFERENCE (CRC) CALENDAR CASE RESOLUTION PLAN (FCCRP) ORDERS AT CRC ATTENDANCE STATUS OR CASE RESOLUTION CONFERENCE QUESTIONNAIRE F. MANDATORY SETTLEMENT CONFERENCE (MSC) CALENDAR MANDATORY ATTENDANCE SETTLEMENT CONFERENCE STATEMENT G. FAMILY LAW JUDICIAL SETTLEMENT PROGRAM ELIGIBILITY/CRITERIA FOR PARTICIPATION PROCEDURE TIMELINE PERSONS ATTENDING/STATEMENTS SETTLEMENT CONFERENCE FURTHER COURT PROCEEDINGS DUTIES OF THE FAMILY LAW FACILITATOR DEFAULT OR UNCONTESTED JUDGMENT A. GENERAL POLICY B. CHILD CUSTODY AND VISITATION COUNSEL FOR MINOR CHILDREN A. PANEL OF COUNSEL ELIGIBLE FOR APPOINTMENT B. COMPLAINT PROCEDURE C. APPLICATION FOR PAYMENT FOR COMPENSATION APPENDIX DISCRETIONARY POLICY STATEMENTS A. SPOUSAL OR PARTNER SUPPORT B. PARENT/CHILD TIME SHARING PERCENTAGES C. TRAVEL EXPENSES FOR VISITATION ATTACHMENTS FM-1000 to FM-1136

4 RULE 1 SUPERIOR COURT OF CALIFORNIA FAMILY RULES RULE 1 GENERAL INFORMATION A. SCOPE (Eff. 7/01/10) 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. B. SANCTIONS (Eff. 7/01/10) 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. C. FAMILY JUSTICE CENTER COURTHOUSE (Eff. 7/01/16) (Eff. 7/01/16) The Family Law Division operates in the Family Justice Center courthouse located at 201 North First Street, San José, California D. CASE ASSIGNMENT (1) DIRECT CALENDAR (Eff.1/01/13) New family law cases, except those subject to subsection (3) and (4) 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. (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 1

5 RULE 1 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 7/01/16) 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 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. (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. (4) DOMESTIC VIOLENCE PREVENTION ACT (DVPA) FILINGS All standalone DVPA filings and DVPA filings accompanied by a Uniform Parentage Act (UPA) filing shall be assigned to a Dedicated Family DVPA Department s APJ for all purposes. For cases that are accompanied by a Uniform Parentage Act Filing, the DVPA APJ may order the case to be reassigned to a non-dvpa APJ once all issues related to the DVPA request have been addressed or at any other time in the DVPA APJ s discretion. If a DVPA case is set for trial for one-half day or less the matter shall be heard by a DVPA APJ. Trials of more than one half day but less than two days shall be heard by the supervising family judge. A trial of more than two days shall be scheduled in the civil division. A DVPA department s APJ shall 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. All DVPA filings accompanied by a Family Law Petition filing shall be randomly assigned to a non-dvpa APJ for all purposes and shall be subject to all provisions under Local Family Rule 1D. If a Family Law Petition filing occurs after a DVPA filing has been filed and assigned to the DVPA APJ, the DVPA APJ shall continue to address any issues regarding the DVPA filing. The DVPA APJ may order the DVPA filing to be consolidated into the Family Law Petition filing once all issues related to the DVPA request have been addressed or at any other time in the DVPA APJ s discretion. 2

6 RULE 1 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 1/01/17) (Eff. 1/01/17) (5) CASES INVOLVING EMPLOYEES If a court employee or deputy sheriff working at the Family Justice Center 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 the Civil Division for assignment. E. VENUE (EFF. 7/01/16) (Eff. 07/01/16) All family proceedings in Santa Clara County, including the Department of Child Support Services matters, must be filed at the Family Court Clerk s Office of the Santa Clara County Superior Court, located at 201 North First Street, San José, California Domestic violence, gun violence and elder abuse restraining order applications must also be filed at the Family Court Clerk s Office location. F. ABBREVIATIONS The following abbreviations are used throughout the Family Court Rules. (Eff. 7/01/16) 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 DVPA = Domestic Violence Prevention Act 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 3

7 RULE 1 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 1/01/13) Order in cases where a Judgment resolving all matters has been obtained. (See Attachment FM-1021.) H. FILING REQUIREMENTS (Eff. 7/01/10) (1) MANDATORY ELECTRONIC FILING AND SERVICE (Eff. 6/20/16) a. Refer to Rule 6 of the General Court and Administration Rules. b. Ex Parte Applications (Eff. 6/20/16) Applications for ex parte or emergency orders, or domestic violence or elder abuse restraining orders in Family Law matters shall comply with Local Family Rule 5 and shall be submitted to the Court in paper form. Ex parte applications shall not be electronically filed. (2) FORMAT OF DOCUMENTS SUBMITTED FOR FILING Documents that exceed 10 pages shall be submitted held by binder clips or two prong fasteners. (Eff. 7/01/15) Exhibit attachments to pleadings shall be separated by a standard size sheet of paper with a title identifying the sequence of the exhibit. No tabs shall be included in any documents submitted for filing. (3) 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 selfrepresented parties. Each page of all such attachments shall be 4

8 RULE 1 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 7/01/12) 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. (4) USE OF CONFIDENTIAL JUVENILE CASE FILES OR CHILD WELFARE AGENCY RECORDS IN FAMILY COURT MATTERS (Eff. 1/01/13) 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, , and Cal. Rules, Rule 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 and 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. 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. (Eff. 1/01/10) (Eff. 7/01/11) (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. (3) Parties presenting a Stipulation and Order to the Court for signature should use the following local form: Stipulation and Order (Attachment FM-1083). J. SERVICE OF SUMMONS BY PUBLICATION OR POSTING (Eff. 1/01/16) (1) To request service by publication or posting, the Petitioner must submit to the Court an Application for Order for Publication or Posting of Summons, Judicial Council Form FL-980, and Order for Publication or Posting, Judicial Council Form FL-982. (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 Request to Waive Court Fees, Judicial Council Form FW-001, unless one has been 5

9 RULE 1 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 1/01/16) approved in the last four months. If the Court approves service by posting, a Proof of Service by Posting, Judicial Council Form FL-985, is needed. K. DEFINITION OF SOUTH BAY COUNTIES (Eff. 7/01/12) 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. 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 (Eff. 1/01/13) (Eff. 7/01/16) In Law and Motion matters, the moving party s attorney or a selfrepresented moving party shall contact the opposing attorney or selfrepresented party in advance of the hearing to meet, to confer, and to learn whether issues can be settled without a contested hearing. The only exception is when both parties are self-represented and there are no-contact restraining orders prohibiting contact. (2) DVPA 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 or the Elder Abuse 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. 6

10 RULE 2 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff.1/01/16) 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: (Eff. 7/01/15) (Eff. 7/01/15) (Eff. 7/01/15) Each party is ordered to complete Parent Orientation immediately by either contacting Family Court Services at (408) or by completing Orientation online at ml. 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. (2) Attendance at or participation in online 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. (3) Each parent attending Parent Orientation shall complete and deliver an FCS Intake Form for mediation (Attachment FM-1015) to the FCS office within two court days after the Parent Orientation, unless all custody and visitation issues have been settled. Each parent participating in online Parent Orientation satisfies the Orientation requirement on the Intake form. B. MEDIATION (Eff. 7/01/15) (1) Upon receipt of the parties FCS Intake Form 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. (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 7

11 RULE 2 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 1/01/13) (Eff. 1/1/07) mediation, provided that there is a pending custody or visitation motion before the Court. (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. (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. (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. iii. the reasons for the objections; and the proposed modified language. 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. 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. 8

12 RULE 2 SUPERIOR COURT OF CALIFORNIA 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. (2) JUDICIAL CUSTODY CONFERENCE (JCC) (Eff. 07/01/16) 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. 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) or in person at 201 North First Street, 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. 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. d. Requirement to Confer: Except where contact between selfrepresented 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 9

13 RULE 2 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 7/01/09) (Eff. 1/01/13) the issues are resolved, the parties shall immediately notify FCS and the Court and prepare a stipulation to submit for the APJ s signature. 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. 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. (3) CUSTODY EVALUATIONS 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. 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. c. By stipulation and with the Court s approval, the parties may nominate a private evaluator to perform a Brief Focused Assessment 10

14 RULE 2 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 7/01/14) (BFA) at the parties expense. The Court may also appoint a private evaluator to conduct a BFA over objection at a noticed JCC, Status Conference, CRC, or other hearing. A Brief Focused Assessment is a limited custody evaluation. Form FM 1127 shall be attached to Judicial Council form FL-327, to set forth the scope and procedures for the BFA. The parties shall share the costs for the BFA equally, unless the Court orders a different allocation. The Court shall set a CSC date between 90 and 100 days from the date of the BFA Order or earlier if the evaluator and the APJ agree. The requirements and other timelines in this Rule shall apply to BFA evaluations. d. Parties shall notify the evaluator, the Calendar Office and the clerk for the APJ as soon as the case settles before the CSC. e. 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 are required to be present, the custodial parent shall bring an adult who can care for the children. f. 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. g. 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. h. 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. (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 11

15 RULE 2 SUPERIOR COURT OF CALIFORNIA FAMILY RULES 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. 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. iii. File a proof of service showing service of the objections on all attorneys or self-represented parties. 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. c. Objections: Objections shall be in writing and shall include the following: (Eff. 1/01/08) i. the specific paragraphs and language to which the party objects; (Eff. 1/01/08) ii. iii. the reasons for the objections; and the proposed modified language. d. Meeting After Objections: (Eff. 7/01/14) When objections are filed, the parties shall contact the evaluator within five calendar days of the filing of the objections to schedule a Meeting after Objections to discuss the objections before the CSC. The Meeting after Objections shall occur prior to the date of the CSC. If any party fails to cooperate in setting, or fails to attend, this Meeting after Objections, the Court at the CSC may sign the recommended orders and may order sanctions. If no endorsed, filed objections are received by FCS or the private evaluator within 15 calendar days from the date of mailing of the evaluation recommendations, the recommended order shall be submitted to the Court for review and signature. 12

16 RULE 2 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (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. 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. Previouslyfiled 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. c. If agreement is not reached at the CSC, the Court may set the case for trial or hearing. 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. (6) EMERGENCY SCREENINGS (Eff. 7/01/12) (Eff. 1/01/08) 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 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. b. If the parties agree to and sign the screening recommendations, they shall be submitted to the Court for review and signature. 13

17 RULE 2 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 1/01/08) (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. d. Fees shall be charged for any screening performed by FCS, unless a fee waiver is granted. (7) MODIFICATION OF JUVENILE COURT EXIT ORDERS (Eff. 7/01/12) 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. D. SPECIAL ISSUES (Eff. 1/01/18) (1) FCS PERSONNEL 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. 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. 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. d. Absent a Court order based on good cause, no deposition subpoena of FCS personnel and no subpoena for FCS records shall be served 14

18 RULE 2 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 7/01/12) (Eff. 1/01/18) until recommendations pursuant to an evaluation are complete and an objection is filed. 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 selfrepresented parties. FCS will accept and respond to the complaint in writing to all parties within 30 days. (See Attachment FM-1078.) (2) CHILDREN IN THE COURTHOUSE (Eff. 1/01/13) 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 regarding the child s participation in family court proceedings. (3) TESTIMONY OF CHILDREN (Eff. 7/01/12) 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. (4) PRODUCTION OF FCS RECORDS/PROTECTIVE ORDER (Eff. 7/01/12) (Eff. 7/01/09) 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. (5) DOCUMENTS PROVIDED TO EVALUATOR OR SCREENER 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- 15

19 RULE 2 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 7/01/12) 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. (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. (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. (8) NON-PROFESSIONAL SUPERVISED VISITATION (Eff.1/01/16) RULE 3 Non-Professional visitation supervisors may complete, file, and serve Attachment FM-1129, Non-Professional Supervised Visitation Provider Declaration of Qualifications within 30 days of appointment as a visitation supervisor in a case. In the alternative, the Court may place a proposed visitation supervisor under oath, then advise and question the supervisor regarding qualifications and obligations per Family Code and California Rules of Court, Standards of Judicial Administration, Standard 5.20 (d)(1) and obtain acknowledgment and consent to abide by the rules and to act as supervisor. The visitation supervisor shall be provided a copy of A Guide for the Non-Professional Provider of Supervised Visitation. CHILD, SPOUSAL AND PARTNER SUPPORT 16

20 RULE 3 SUPERIOR COURT OF CALIFORNIA FAMILY RULES 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) 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). 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.) 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. 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 selfemployed party operates as a corporation, that party shall also bring copies of the 17

21 RULE 3 SUPERIOR COURT OF CALIFORNIA FAMILY RULES 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 hearing may result in a delay of the hearing on a request for support or other sanctions. (Eff. 1/01/14) F. SEEK WORK ORDER The Court may issue orders requiring a party to actively seek employment, provide a monthly report of job search efforts, and promptly notify the other party when employment is obtained. When a Seek Work Order issues, Attachment FM-1120 shall be used. G. CHILD SUPPORT HEARINGS IN DCSS MATTERS (1) All hearings to establish, modify, or enforce child support orders in cases where Department of Child Support Services (DCSS) is involved shall be set on the DCSS calendar when appropriate. (Eff. 7/01/15) RULE 4 (Eff. 1/01/10) (2) Transfers: If an APJ or other judicial officer transfers or continues a child support matter to a DCSS calendar, the moving party shall provide a filedendorsed copy of the moving papers and the Court s transfer order to DCSS. The responding party shall provide a filed-endorsed copy of any responsive pleadings to DCSS. Failure to do so may result in another continuance to give DCSS proper notice of the hearing and pending issues. ATTORNEY S FEES AND COSTS 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. 18

22 RULE 4 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (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 (1) the services performed and by whom and costs incurred to date, the time expended, and the hourly rate(s) charged, if applicable; (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; (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 RULE 5 (5) a brief description of the attorney s experience in practicing family law, including whether the attorney is a Certified Family Law Specialist. LAW AND MOTION A. EX PARTE/EMERGENCY APPLICATIONS AND ORDERS (Eff. 7/01/13) (1) ORDERS SHORTENING TIME (Eff. 7/01/13) A request for an order shortening time must be submitted to the Court Specialist as an ex parte application on Form FL-300 and shall include all of the information and documentation required by Cal. Rules, Rule 5.151, including 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. (2) SUBMISSION OF EX PARTE APPLICATIONS All applications for ex parte or emergency orders shall be submitted on Form FL-300 and shall include all of the information and documentation required by Cal. Rules, Rule In Santa Clara County Family Court, all ex parte applications are handled on the documents submitted. No hearings are scheduled to argue ex parte applications. 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 requests for domestic violence restraining orders, elder abuse restraining orders, gun violence restraining orders, matters identified in State Rules, Rule 5.170, or 19

23 RULE 5 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 7/01/16) (Eff. 7/01/16) properly supported requests not to give notice) for 24 hours before submission to the judicial officer. Notice of the applications must be given to the opposing attorney or self-represented party before 10:00 a.m. on the court day before the matter is to be considered by the Court. Except where otherwise specifically ordered by the Court, if the requesting party gives notice of the application after 10:00 a.m. or submits the application to the Court Specialist after 4:00 p.m., then notice will be deemed to have been given at 9:00 a.m. the next court day, and the application will be submitted to the judicial officer after 9:00 a.m. on the first court day after that. Any Request for Order seeking temporary orders without prior notice to all parties, including orders shortening time (except for requests for domestic violence restraining orders, elder abuse restraining orders, gun violence restraining orders, or matters described in State Rules, Rule 5.170), must include a sworn statement of facts showing good cause not to give notice. The moving party may not rely on the declaration filed in support of the Request for Order to establish good cause not to give notice. The statement of good cause not to give notice may be provided on Attachment FM-1013, with attached pages if necessary, or may be provided through a sworn declaration submitted with Attachment FM Any party who does not provide a sworn statement or declaration of good cause not to give notice will be required to give notice before the request will be submitted to the APJ for consideration of the temporary orders. If the requesting party does not submit the required declaration of good cause or does not give notice within 48 hours of submitting the request for temporary orders, the Request for Order will be filed by the Court Specialist and set for hearing on the law and motion calendar without an order shortening time. All ex parte applications must disclose: (1) whether 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; and (Eff. 7/01/13) (3) all previous applications on the same issue by any party and whether any orders were made, even if an application was previously made upon a different state of facts. Previous applications include an order to shorten time for service of notice or an order shortening time for hearing. (3) NOTICE OF APPLICATION The moving attorney or self-represented party must submit a Declaration in Support of Ex Parte Application for Orders (attached form FM-1013) and must give notice of all ex parte applications to the opposing attorney or self- 20

24 RULE 5 SUPERIOR COURT OF CALIFORNIA FAMILY RULES represented party before submitting the request, except under the following circumstances, which must be documented in detail in the application: (Eff. 7/01/16) a. The application requests Domestic Violence Prevention Act (DVPA), gun violence or elder abuse restraining orders. b. Giving notice would frustrate the purpose of the order; c. Giving notice would result in immediate and irreparable harm to the applicant or the children who may be affected by the order sought; d. Giving notice would result in immediate and irreparable damage to or loss of property subject to disposition in the case; e. The parties agreed in advance that notice will not be necessary with respect to the matter that is the subject of the request for emergency orders, and the applicant provides evidence of that agreement; f. The party made reasonable and good faith efforts to give notice to the other party, and further efforts to give notice would probably be futile or unduly burdensome; or g. Notice is not required for the request at issue under Cal. Rules, Rule (Eff. 7/01/13) (4) MANNER OF NOTICE OF APPLICATION (Eff. 7/01/13) (Eff. 7/01/13) Notice is provided by serving upon all self-represented parties and all attorneys of record the Declaration in Support of Ex Parte Application for Orders (attached form FM-1013), 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 in Support of Ex Parte Application for Orders (attached form FM-1013), or the sender s declaration that the recipient has acknowledged receipt; or 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. 21

25 RULE 5 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (5) 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. (6) ONLINE STATUS OF EX PARTE APPLICATIONS The Court will post on the Court s website, the status of ex parte matters that have been submitted to the Court for review and signature. B. SPECIAL PROCEDURES FOR DVPA RESTRAINING ORDERS (Eff. 7/01/16) (Eff. 1/01/13) (Eff. 7/01/14) 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. 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. 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 used as an attachment to the Temporary Restraining Order (Judicial Council form DV-110) and Restraining Order After Hearing (Judicial Council form DV-130). 22

26 RULE 5 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (1) EXISTING CRIMINAL PROTECTIVE ORDERS (Eff. 7/01/11) 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. (2) MODIFICATION OF CRIMINAL PROTECTIVE ORDERS (Eff. 1/01/16) a. Any Court responsible for issuing custody or visitation orders involving minor children of a defendant/restrained person subject to a Criminal Protective Order- Domestic Violence (CLETS-CPO) (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: 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. (Eff. 1/01/13) (Eff. 1/01/16) ii. iii. iv. 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. 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 item 16 on the Criminal Protective Order form). The defendant signs an appropriate waiver of rights form or enters a waiver of rights on the record. (Eff. 1/01/16) 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 check item 16 on the Criminal Protective Order. 23

27 RULE 5 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 1/01/16) (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 are not listed as protected persons, a modification of the Criminal Protective Order to check item 16 to the Criminal Protective Order shall not be considered less restrictive. 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. C. FAX FILING IN DOMESTIC VIOLENCE, GUN VIOLENCE AND ELDER ABUSE RESTRAINING ORDER CASES (Eff. 7/01/16) (1) DEFINITIONS a. SERVICE PROVIDER (Eff. 7/01/16) Service provider means an entity authorized by the Court to provide fax filing services to the public and the Court for domestic violence, gun violence and elder abuse cases, to transfer filings and messages to and from the Court, and to pay any applicable filing fees to the Court. b. FAX (Eff. 1/01/13) Fax and fax filing shall be as defined in Cal. Rules, Rule (2) DIRECT FILING (Eff. 7/01/16) a. Pursuant to Cal. Rules, Rule 2.304, et seq., authorized service providers may directly file domestic violence, gun violence and elder abuse 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. b. A facsimile filing shall be accompanied by a Domestic Violence Facsimile Filing Cover Sheet (Attachment FM-1000) or an Elder Abuse Facsimile Filing Cover Sheet (Attachment FM-1036). 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 24

28 RULE 5 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 11/05/15) (Eff. 11/05/15) (Eff. 7/01/16) 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. 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 or the Elder Abuse Facsimile Filing Cover Sheet). d. There shall be no facsimile filing fee for the filing of domestic violence, gun violence or elder abuse 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. (Eff. 1/01/98) 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. D. STIPULATIONS 25

29 RULE 5 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 7/01/14) All stipulations must be signed by both parties and if represented, any attorney of record. 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 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. 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. 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. 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. (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. 26

30 RULE 5 SUPERIOR COURT OF CALIFORNIA FAMILY RULES H. LONG CAUSE HEARINGS (Eff. 1/01/13) 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 opportunity and no later than 9:00 a.m. on the court day before the scheduled law and motion hearing. I. MATTERS TAKEN OFF CALENDAR OR RESOLVED BEFORE HEARING (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. (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 voic 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 voic message must be left for the Duty Clerk at (408) , 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. J. DOCUMENTS (Eff. 7/01/12) 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. 27

31 RULE 5 SUPERIOR COURT OF CALIFORNIA FAMILY RULES 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. 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. (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. M. TENTATIVE RULINGS IN FAMILY LAW AND MOTION MATTERS (Eff. 7/01/09) 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. *SEE ATTACHED GENERAL ORDER RELATED TO RULE 6 EFFECTIVE OCTOBER 24, 2014 RULE 6* CASE STATUS CONFERENCE (STATUS CONFERENCE), SETTLEMENT, FAMILY CENTERED CASE RESOLUTION CONFERENCE (CRC), LONG CAUSE HEARINGS AND TRIALS (Eff. 7/01/13) A. PURPOSE 28

32 RULE 6 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 1/01/13) The purpose, definitions, and goals of the CRC and Status Conference are set forth in Family Code 2450, 2451, and Cal. Rules, Rule 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. 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. iii. 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 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. 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 Case Resolution Conference (CRC). In any action, if a final and complete judgment has been entered, the Status Conference will be cancelled. 29

33 RULE 6 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 7/01/13) 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; e. Set or reset trials, settlement conferences, or hearings, including bifurcating issues for trials; f. Order further Status Conference; (Eff. 7/01/13) g. Determine that the case requires a 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 30

34 RULE 6 SUPERIOR COURT OF CALIFORNIA FAMILY RULES 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 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 31

35 RULE 6 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 1/01/13) within 180 days of the filing of the Attachment FM-1059, the Court will proceed with the Status Conference. C. SETTLEMENT OFFICER CONFERENCE (SOC) AND CASE STATUS CONFERENCE (1) PURPOSE (EFF. 1/01/15) At an SOC and Status Conference with the FCSO, the Family Court Settlement Officer (FCSO) or temporary judge will assist the parties to settle or to streamline all non-custody or visitation issues or to assist in determining the issues for trial. The Court may also appoint the FCSO as a temporary judge for the listing and sale of real estate. The FCSO will conduct a Status Conference to address any outstanding procedural milestones that have not been met. The FCSO has the discretion to set return SOC appointments without the agreement of the parties. 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 (Eff. 1/01/15) a. The SOC calendared by attorneys or self-represented parties must be set by agreement. You may contact the Calendar Clerk at any time, but in no event later than 40 calendar days before the Mandatory Settlement Conference (MSC). b. A party may also request an SOC when filing a Request for Trial (Attachment FM-1012). c. The Court may order the parties to an SOC, even over an objection, at any time. d. The SOC may be continued or vacated upon the submission of a letter copied to all counsel and self-represented parties indicating the agreement of the parties, or their attorneys, and filed with or faxed to the Court Clerk at least two court days prior to the date of the scheduled SOC. An agreement to continue or vacate the SOC submitted in conformance with this rule will be deemed approved unless the FSCO Clerk notifies the parties otherwise. 32

36 RULE 6 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 7/01/16) (Eff. 1/01/15) e. In the event that the SOC is taken off-calendar without a further SOC or Status Conference set, the FCSO or Temporary Judge will refer the case for a Status Conference with the APJ and may make a recommendation for sanctions. (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. (Eff. 1/01/15) (Eff. 1/01/13) b. All attorneys and parties shall attend the SOC in person, although the Court may permit parties to attend by telephone so long as the request has been made in advance of the SOC. The parties are required to make all arrangements for calling in at the scheduled date and time through the Calendar Clerk. c. No Settlement Conference Statement is required at the SOC, but the parties should have available all necessary information. (4) ORDERS AFTER SOC AND STATUS CONFERENCE (Eff. 1/01/15) To document the orders made at the SOC and Status Conference, and at the discretion of the FCSO, the parties may use the Order after Status Conference on Attachment FM-1123, or other order issued by the FCSO. D. REQUEST FOR TRIAL (Eff. 7/01/14) (Eff. 1/01/13) (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 ) 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 Clerk s Office will schedule a Status Conference, unless the Court orders the case to 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. E. CASE RESOLUTION CONFERENCE (CRC) (1) CALENDAR 33

37 RULE 6 SUPERIOR COURT OF CALIFORNIA FAMILY RULES 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). 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. (Eff. 7/01/13) (2) CASE RESOLUTION PLAN 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. 34

38 RULE 6 SUPERIOR COURT OF CALIFORNIA (3) ATTENDANCE FAMILY RULES 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. 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 (Eff. 1/01/13) 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. 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 35

39 RULE 6 SUPERIOR COURT OF CALIFORNIA FAMILY RULES 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. (3) SETTLEMENT CONFERENCE STATEMENT (Eff. 1/01/13) 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. 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. 36

40 RULE 6 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (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 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 37

41 RULE 6 SUPERIOR COURT OF CALIFORNIA FAMILY RULES 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. (5) SETTLEMENT CONFERENCE a. A settlement conference conducted under the Family Law Judicial Settlement Program is conducted under Family Code 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 (6) FURTHER COURT PROCEEDINGS a. The Settlement Judge shall be subject to the provisions of Evidence Code (Eff. 1/01/13) RULE 7 (Eff. 1/01/10) 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. DUTIES OF THE FAMILY LAW FACILITATOR In addition to the duties mandated by the Family Law Facilitator Act, Family Code et. seq., the Family Law Facilitator shall have the following duties: A. Meeting with litigants to mediate issues of child support, spousal or partner support, and maintenance of health insurance, subject to Family Code

42 RULE 6 SUPERIOR COURT OF CALIFORNIA FAMILY RULES B. Drafting stipulations, which may include issues other than those specified in Family Code 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. C. Assisting the clerk in maintaining records. RULE 8 D. Preparing orders documenting the Court s announced order where both parties are self-represented or in those cases with one attorney where the Court refers the self-represented party because the order benefits that party. E. Serving as a special master and making findings to the Court, unless the Facilitator has served as a mediator in the case. F. Participating in the operation of the Family Court Clinic, including the training and supervision of volunteers. DEFAULT OR UNCONTESTED JUDGMENT A. GENERAL POLICY (Eff.7/01/14) (Eff. 1/01/16) (Eff.7/01/14) (1) All uncontested and default family law judgments shall be obtained by declaration through the Default Clerk except that a default hearing is required for nullity of marriage cases and cases where the Summons and Petition were served by publication or posting. Additionally, the Court may set a matter for default hearing or otherwise accept stipulated default Judgments at its discretion. Petitioner in default cases and at least one party in uncontested cases shall appear in person unless telephonic appearance is authorized by the All Purpose Judge prior to the hearing. (2) Litigants are encouraged to use and file the Judgment Checklist for dissolution and legal separation cases (Form FL-182) or Family Law Parentage Judgment Checklist for parentage cases (Attachment FM-1053) with any proposed default or uncontested judgment. (3) Default will not be entered if Respondent s address as stated on Petitioner s Request to Enter Default (Form No. FL-165) is the same as Petitioner s address, unless Petitioner also files a declaration stating under oath that Petitioner and Respondent live at the same address. B. CHILD CUSTODY AND VISITATION 39

43 RULE 8 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (Eff. 7/01/14) (Eff. 7/01/14) (Eff. 7/01/14) (Eff. 7/01/14) (Eff. 7/01/14) RULE 9 (Eff. 7/1/09) (1) To obtain custody and visitation orders by default in a family law judgment, at least one of the following conditions must exist: a. The proposed orders are based on the Child Custody and Visitation Application (Form FL-311) that was attached to and filed with the Petition; b. There are existing custody and visitation orders; or c. A settlement agreement or stipulation is being filed with the proposed family law judgment If none of these conditions apply, Petitioner shall file and serve, by personal delivery, a declaration in support of the proposed orders at least 15 calendar days before the Judgment is submitted. Petitioner may use the Declaration for Default Custody and Visitation Orders form (Attachment FM-1025). COUNSEL FOR MINOR CHILDREN A. PANEL OF COUNSEL ELIGIBLE FOR APPOINTMENT (Eff. 7/1/09) (Eff. 1/01/13) 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. 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 40

44 RULE 9 SUPERIOR COURT OF CALIFORNIA FAMILY RULES (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 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. (Eff. 1/01/09) (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. 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. 41

45 APPENDIX SUPERIOR COURT OF CALIFORNIA (Eff. 1/01/05) FAMILY RULES (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. B. PARENT/CHILD TIME SHARING PERCENTAGES (Eff. 1/01/05) 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. (1) Time Sharing Arrangements Days % a. 1 weekend per mo b. 1 extended weekend per mo c. 2 weekends/mo d. 1 weekend/mo + 1 evening/wk e. Alternate weekends f. Alternate weekends + 2 wks summer g. Alternate weekends & ½ holidays + 2 wks summer (If CP has 2 wks over summer too, then) h. Two extended weekends/month i. Alternate weekends + 1 evening/wk j. Alternate weekends + 1 overnight/wk k. Alternate extended weekends l. Alternate weekends & ½ holidays + 4 wks summer, (with alternating weekends continuing in summer, and makeup if weekends lost due to the 4 weeks) m. Alternate weekends & ½ holidays + 4 weeks summer 42

46 APPENDIX SUPERIOR COURT OF CALIFORNIA FAMILY RULES (with no alternating weekends all summer) n. Alternate weekends & ½ holidays + ½ summer (with or without alternate weekends in summer) o. Alternate extended weekends + 1 evening/wk p. Alternate extended weekends + 1 overnight/wk 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) Time Sharing Arrangements Days % r. Alternate weekends and 1 evening/wk when school is in session, + ½ school vacations s. Three days/wk t. First, third, and fifth weekends u. First, third, fifth, extended weekends v. First, third, and alternate fifth weekends (Eff. 1/01/04) w. First, third, alternate fifth extended weekends (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. 1 st & 2 nd ; or 2 nd & 4 th Weekends - Same as Two Weekends per month d. 1 st & 3 rd, & alternating 5 th 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) 43

47 APPENDIX SUPERIOR COURT OF CALIFORNIA (Eff. 1/01/02) FAMILY RULES 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 CP s cross visits) C. TRAVEL EXPENSES FOR VISITATION (Eff.1/01/98) 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. 44

48 FAMILY RULES ATTACHMENTS ATTACHMENT FM-1000 ATTACHMENT FM-1010 ATTACHMENT FM-1012 ATTACHMENT FM-1013 ATTACHMENT FM-1015 ATTACHMENT FM-1016 ATTACHMENT FM-1021 ATTACHMENT FM-1025 ATTACHMENT FM-1036 ATTACHMENT FM-1041 ATTACHMENT FM-1047 ATTACHMENT FM-1050 ATTACHMENT FM-1053 ATTACHMENT FM-1056 ATTACHMENT FM-1057 ATTACHMENT FM-1059 ATTACHMENT FM-1061 ATTACHMENT FM-1067 ATTACHMENT FM-1068 ATTACHMENT FM-1078 ATTACHMENT FM-1081 Domestic Violence Facsimile Transmission Cover Sheet Status or Case Resolution Conference Questionnaire Request for Trial Declaration in Support of Ex Parte Application for Orders FCS Intake Form for Mediation Judicial Custody Conference Statement Alternative Dispute Resolution Options Declaration for Default Custody and Visitation Orders (APPROVED FOR OPTIONAL USE) Stipulation re: Protective Order for Family Court Services Records and Order Thereon Request for Sheriff to Serve and Sheriff s Fee Statement How to Safely Turn in Firearms and Ammunition Family Law Notice Dissolution/Legal Separation Family Law Parentage Judgment Checklist Petition to Establish Parental Relationship Addendum to Judicial Council Form FL-327 Family Court Services Addendum to Judicial Council Form FL-327 Private Evaluator Request and Order to Change Status or Case Resolution Conference Date Family Court Services Declaration of Mailing or Personal Service Application for Payment of Attorney Fees and Costs of Children s Counsel Response to Children s Counsel s Application for Payment of Attorney Fees Family Court Services Client Complaint Form Initial Application for Appointment as Counsel for Minor Children in Family Court Cases

49 ATTACHMENT FM-1082 ATTACHMENT FM-1083 ATTACHMENT FM-1102 ATTACHMENT FM-1110 ATTACHMENT FM-1112 ATTACHMENT FM-1119 ATTACHMENT FM-1120 ATTACHMENT FM-1123 ATTACHMENT FM-1124 ATTACHMENT FM-1124a ATTACHMENT FM-1127 ATTACHMENT FM-1129 ATTACHMENT FM-1136 Annual Renewal Application/Eligibility Declaration for Appointment as Counsel for Minor Children in Family Court Cases Stipulation and Order Other Orders Property Removal Expert Witness Fee Application Stipulation for Court Commissioner to Act as Temporary Judge for All Purposes Family Law Judicial Settlement Program Stipulation and Order Seek and Work Order Orders after Status Conference/Case Resolution Conference Findings re Noncompliance with Order to Surrender Guns, or Firearms or Ammunition Instructions for Protected Person if Restrained Person Has Guns, Firearms or Ammunition Addendum to Judicial Council Form FL-327 Brief Focused Assessment Non-Professional Supervised Visitation Provider Declaration of Qualifications Elder Abuse Facsimile Transmission Cover Sheet

50 AUTHORIZED FAX FILER ATTACHMENT FM-1000 FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, STREET ADDRESS: MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San Jose, CA BRANCH NAME: Family Court PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: DOMESTIC VIOLENCE FACSIMILE TRANSMISSION COVER SHEET CASE NUMBER: TO THE COURT: Please find the following transmitted documents marked below: Document Name Request for Order (Domestic Violence Prevention) Child Custody, Visitation, and Support Request (Domestic Violence Prevention) Temporary Restraining Order and Notice of Hearing (CLETS-TRO) Answer to Temporary Restraining Order Reissue Temporary Restraining Order Restraining Order After Hearing (CLETS-OAH) (Order of Protection) Child Custody and Visitation Order Proof of Service (In Person) (CLETS) Confidential CLETS Information Request to Renew Restraining Order Notice of Hearing to Renew Restraining Order Application for Waiver of Court Fees and Costs (In Forma Pauperis) Order on Application for Waiver of Court Fees and Costs (In Forma Pauperis) Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Financial Statement / Income and Expense Declaration Declaration in Support of Ex Parte Application for Orders Request for Sheriff to Serve and Sheriff s Fee Statement Other: Form No. DV-100 DV-105 DV-110 DV-120 DV-125 DV-130 DV-140 DV-200 DV-260 DV-700 DV-710 FW-001 FW-003 FL-105 FL-155/FL-150 FM-1013 FM-1041 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)

51 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE NUMBER: ATTACHMENT FM-1010 FOR COURT USE ONLY ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, STREET ADDRESS: 201 North First Street, San José, CA MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San José, California BRANCH NAME: Family Justice Center PETITIONER: RESPONDENT: OTHER PARENT/CLAIMANT: STATUS OR CASE RESOLUTION CONFERENCE QUESTIONNAIRE Dissolution Nullity Legal Separation Other Family Law: Parentage CASE NUMBER: DEPARTMENT NUMBER: DATE OF CONFERENCE: 1. This is for a (check all that apply): Status Conference Case Resolution Conference 2. I am the Petitioner Respondent Attorney for the Petitioner Attorney for Respondent Other 3. a. Petitioner s Preliminary Final Declaration of Disclosure has been served. b. 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: a. Custody/Visitation e. Child Support i. Spousal Support b. Arrearages f. Property Valuation j. Property Valuation Date c. Property Division g. Property Characterization k. Separation date d. Reimbursement h. Attorney s Fees & Costs l. 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 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. a. Trial/Hearing Setting: Is this matter ready to be set for trial or hearing? Yes No b. How long will your trial take (estimate)? Hours Days 10. Number of Expert Witnesses: None Names: 11. 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 FM-1010 REV 08/01/16 STATUS OR CASE RESOLUTION CONFERENCE QUESTIONNAIRE Page 1 of 2

52 ATTACHMENT FM-1010 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 at 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 Family Justice Center, at 201 North First Street, San José, California You may call (408) or visit our website at 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 two (2) filed copies of the completed form to the Case Management 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 Case Management Conference Questionnaire in a sealed envelope as follows: a.) Mailed from: (City) b.) On (date): c.) To (name and address of the person served):, (State) 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 FM-1010 REV 08/01/16 STATUS OR CASE RESOLUTION CONFERENCE QUESTIONNAIRE Page 2 of 2

53 ATTACHMENT FM-1012 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS) TELEPHONE NUMBER: FOR COURT USE ONLY ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, STREET ADDRESS: 170 Park Center Plaza MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San Jose, CA BRANCH NAME: Family PETITIONER: RESPONDENT: OTHER PARENT/CLAIMANT: Dissolution Legal Separation Parentage REQUEST FOR TRIAL (Family Law) Nullity Other Family Law: CASE NUMBER: DEPARTMENT NUMBER: 1. How long will your trial take (estimate)? hours / days (circle one) 2. Check the issues on which you and the other party disagree or need orders: Child Support Spousal Support Arrearages Property Characterization Property Valuation Property Valuation Date Property Division Reimbursement Date Of Separation Attorney s Fees & Costs Other: 3 Discovery (getting information about/from the other party) that still needs to be done: Has discovery been finished? Yes No Not required/requested in this case If no, what discovery still needs to be done? Interrogatories Depositions Document Production How long do you think it will take both parties to finish discovery: 4 Mandatory Declarations of Disclosure (Dissolution, Legal Separation and Nullity cases only): Petitioner has served Respondent with Preliminary Final Declarations of Disclosure Respondent has served Petitioner with Preliminary Final Declarations of Disclosure If financial disclosures have not been exchanged/served, do you need a deadline? Yes No 5 Do you want a Trial on separate issues? Yes No If yes, what issues: 6 Have you and the other party and/or your attorneys met to discuss settlement? Yes No Do you want a Settlement Officer Conference? Yes No 7 Is the Department of Child Support Services involved on the issue of child support? Yes No Date: If yes, which county? FSB Number: Court case number (if different from this case): Attorney for Petitioner Respondent Other NOTE: THIS FORM SHALL NOT BE USED FOR CUSTODY OR VISITATION ISSUES OR IN DOMESTIC VIOLENCE PREVENTION ACT CASES. Rev. 1/1/07 REQUEST FOR TRIAL (Family Law) FM-1012

54 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 Rev. 1/1/07 REQUEST FOR TRIAL (Family Law) FM-1012

55 NAME AND ADDRESS OF PARTY OR ATTORNEY FOR PARTY: TELEPHONE NUMBER: ATTACHMENT FM-1013 FOR COURT USE ONLY ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, STREET ADDRESS: MAILING ADDRESS: CITYAND ZIP CODE: BRANCH NAME: PETITIONER: CASE NUMBER: RESPONDENT: DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDERS DEPARTMENT NUMBER: FCS NUMBER: I, the undersigned, declare: 1. I am (choose one): a. attorney for Petitioner attorney for Respondent attorney for child(ren) b. self-represented Petitioner self-represented Respondent c. other (explain): 2. The opposing party or minor children is represented by an attorney: Yes No (If you checked Yes, fill in the name, address, and telephone number of all attorneys. 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. OTHER APPLICATIONS: I or another party have have not made previous application(s) on the same issue. Orders were were not granted on the prior application(s). Explain in your declaration. 5. NOTICE a. I HAVE given notice to all opposing parties and/or their attorney by the following method: Personal delivery Fax Overnight Carrier First Class Mail Other: Date: Time: Person who received: I have received confirmation that the other party has received my papers as follows: (Check one below) In person/telephone (describe): Written confirmation of receipt b. I ask the Court not to require notice of the ex parte request for orders because (Check all that apply. In the space provided below in 5.c. and on any attached pages or a separate sworn declaration, you must give facts that support a request not to give notice for each box you check in 5.b. (except for Domestic Violence Prevention Act (DVPA) restraining orders): This is an application for Domestic Violence Prevention Act (DVPA) restraining orders. This application involves a matter not requiring notice under State Rules, Rule 5.170; Giving notice would frustrate the purpose of the order; Giving notice would result in immediate and irreparable harm to the applicant or the children who may be affected by the order sought; Giving notice would result in immediate and irreparable damage to or loss of property subject to disposition in the case; The parties agreed in advance that notice will not be necessary with respect to the matter that is the subject of the request for emergency orders. Provide documentation of this agreement; and/or, FM-1013 REV 07/01/14 DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDERS Page 1 of 3

56 PETITIONER: CASE NUMBER ATTACHMENT FM-1013 RESPONDENT: The party made reasonable and good faith efforts to give notice to the other party, and further efforts to give notice would probably be futile or unduly burdensome (describe those efforts in detail below). Other: c. Further Explanation for Asking the Court NOT to Require Notice: Additional pages are attached. Total number of attached pages: Provide detailed factual explanation of any box checked under Paragraph 5.b. above. If you do not have enough room, attach additional pages or a separate sworn declaration of good cause: I declare under penalty of perjury that the forgoing and any statement on attached pages are true and correct. Date Print Name Signature of Declarant FM-1013 REV 07/01/14 DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDERS Page 2 of 3

57 PETITIONER: CASE NUMBER ATTACHMENT FM-1013 RESPONDENT: INSTRUCTIONS For more information please refer to Superior Court of California, County of Santa Clara Local Rules 5 A & B and California State Rules, Rules 5.151, 5.165, 5.167, and This form is required in Santa Clara County, if you are asking the Judge to make immediate orders (also know as emergency or ex parte orders) without the other party being present for a hearing. This form must be completed in any case where ex parte orders or emergency orders are requested. If you are required to give notice, notice must be given before 10:00 a.m. on the court day before the Judge reviews the application, or the application will be delayed another 24 hours. Notice means providing the other side of the case, either all other attorneys or any 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 given notice to the other side of your case, you must state the form of notice given. If you ask the Court to not require notice, you must explain why. Sometimes notice is not required, such as cases involving allegations of domestic violence or 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 any 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 #5a. Unless notice is excused by the Court, you must provide notice of this application to all other parties and attorneys 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), who received it and at what time and on which date. Also, please explain how you know that the other side received copies of your papers and what response you were given. SECTION #5c. If you believe that you should not be required to give notice of this application and are asking the Court not to require notice, explain why in this section. Check as many boxes as apply. You must also write out any further explanation of your reasons for not giving notice or provide a separate declaration. After this form is completed, attach it to your application or motion 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 07/01/14 DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDERS Page 3 of 3

58 SUPERIOR COURT OF CALIFORNIA Family Court Services 170 Park Avenue, San José, CA (408) Mailing Address: 191 North First Street, San José, CA Petitioner Respondent Joined Party FCS #: Case #: FC #: Non-Litigated I do not speak English or Spanish and know I must bring my own interpreter. Dept #: Your Name: Relationship to Child: Your Age: Date of Birth: Other last names used: Address: City State Zip Code Residence Phone: ( ) Work Phone: ( ) Driver s License #: State: Social Security #: Race/Ethnicity (check all that apply): Asian/Pacific Islander Black/African American Latino/Hispanic Native American/Eskimo/Aleut White (non-latino/hispanic) Other: Subject to Indian Child Welfare Act Currently Employed: Yes No Occupation: Employer: Work Days & Hours: Your attorney: Phone: ( ) Address: Name of other parent in this case: City State Zip Code LIST ALL CHILDREN WHO ARE THE SUBJECTS OF THIS ACTION First & Last Name Age Birth Date Sex School Grade Resides with Children s Attorney: Phone: ( ) Name of Joined Party in this case: LIST ALL OTHERS RESIDING WITH YOU Name Age Date of Birth Sex Relationship to You If you plan to move in the next 6 months, when? If you have another case in FCS, name of other parent: Are there any child abuse/neglect issues? Yes No If yes, explain briefly: where? Name & phone number of any involved social worker: If yes, has there been a Welfare and Institution Code 300 Petition filed in Juvenile Dependency Court? Yes No Current Past If yes, which child(ren)? Does the child have a juvenile probation officer? Yes No (name/phone) Are there drug or alcohol issues in this case? Yes No If yes, explain briefly: Has a guardianship been filed? Yes No Have you been arrested as an adult? Yes No Which state(s)/counties? What charges? Criminal action pending? Yes No If yes, where? What charges? Is there a criminal restraining order in effect? Yes No Case # If yes, please attach a copy or bring a copy to your mediation session. FM-1015A REV 7/01/15 Page 1 of 2

59 Marriage Date: Date of Last Separation: Dissolution Pending Domestic Partnership Date: Date of Final Dissolution: Is there a current custody/visitation order in effect? Yes No If yes, please attach a copy of the custody/visitation order or bring a copy to your mediation session. Have you been the victim of domestic violence? Yes No Who committed the domestic violence? The other parent/party Other (list name and relationship): Briefly describe the kind of violence and how often it occurred: When did the most recent violence occur? RIGHT TO SEPARATE SESSIONS: If a party alleging domestic violence in a written declaration under penalty of perjury, or a party protected by a protective order so requests, Family Court Services staff must meet with the parties separately at separate times. (If you have a restraining order of any kind, please attach a copy or bring it with you to your session.) If domestic violence is an issue in a case and both parents wish to be seen together, Family Court Services must still begin all proceedings by interviewing each party separately. Have you attached or are you planning to submit to Family Court Services a copy of the PROTECTIVE ORDER or a WRITTEN DECLARATION UNDER PENALTY OF PERJURY alleging domestic violence? Yes No If you answered yes, do you wish to be seen separately? Yes No RIGHT TO A SUPPORT PERSON: If the court has issued a PROTECTIVE ORDER, a support person shall be permitted to accompany protected party during any mediation orientation or mediation session, including separate mediation sessions. It is the function of a support person to provide moral and emotional support. The support person is not present as a legal adviser and shall not give legal advice. Do you have a current PROTECTIVE ORDER? Yes No Do you wish to have a support person accompany you in mediation? Yes No Have you had a protective order in the past against the other party? Yes No *** If you stated that you have been a victim of domestic violence, please obtain and complete a separate domestic violence questionnaire from Family Court Services. OTHER SAFETY RELATED ISSUES Please briefly describe any other safety-related issues affecting any party or child named in the proceedings: FEE REQUIREMENTS FOR SCREENINGS, EVALUATIONS, AND GUARDIANSHIPS Fee for above services are $ per hour. ADVANCED DEPOSITS: Screenings require $ each, and Evaluations require $ each in advance. Fees for Non-litigated mediations and for guardianship mediations are $ per person. NO SHOW AND LATE CANCELLATION FEES: A NO SHOW fee of $ will be charged if either or both parties fail to appear (this includes arriving over thirty minutes late). A LATE CANCELLATION fee of $ will be charged if notice of cancellation is less than 48 hours (Mon. Fri.) for mediation appointments, and less than one week (Mon. Fri.) for first Evaluation appointments. Fee rates may be increased in the future at the direction of the Court. Make checks or money orders payable to OFFICE OF THE COURT CLERK. Application for Waiver of Court Fees and Costs are available if you are unable to pay the required fees. Your sworn statement to this effect along with Income and Expense Declarations and required attachments detailing your finances must be submitted to Family Court Services. Unreasonable or frivolous requests for modification of Court fees may result in Court assessed penalties. I understand that any audio, visual or other electronic recording of any communication with Family Court Services staff is prohibited. I declare that the information on this form, including any attachment, is true and correct and that this declaration is executed on (date): Signature FM-1015A REV 7/01/15 Page 2 of 2

60 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, STREET ADDRESS: 201 North First Street, San José, CA MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San José, California BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: Family Justice Center JUDICIAL CUSTODY CONFERENCE STATEMENT (Custody / Visitation / Timeshare) CASE NUMBER: 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, 201 North First Street, San Jose, CA 95113, to be filed at least ten (10) calendar days before the date of the Judicial Custody Conference. a. Attorneys and parties representing themselves are to confer 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 two 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 REV 08/01/16 JUDICIAL CUSTODY CONFERENCE STATEMENT (CUSTODY / VISITATION / TIMESHARE) Page 1 of 2

61 PLAINTIFF/PETITIONER (Name): CASE NUMBER: ATTACHMENT FM-1016 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 08/01/16 JUDICIAL CUSTODY CONFERENCE STATEMENT (CUSTODY / VISITATION / TIMESHARE) Page 2 of 2

62 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) 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) 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 ALTERNATE DISPUTE RESOLUTION OPTIONS (Family Law) FM-1021 Rev.01/01/13 Superior Court of California, County of Santa Clara, Family Division

63 calling (408) 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) 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: 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) or and ask for names of attorneys from the Collaborative Law panel. Visit the Court website for a list of Family ADR providers: 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

64 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name and Address): TELEPHONE NUMBER: ATTACHMENT FM-1025 FOR COURT USE ONLY ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, STREET ADDRESS: 201 North First Street, San José, CA MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San José, California BRANCH NAME: Family Justice Center PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: DECLARATION FOR DEFAULT CUSTODY AND VISITATION ORDERS DEPARTMENT NUMBER: 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 REV 08/01/16 Approved for optional use DECLARATION FOR DEFAULT CUSTODY AND VISITATION ORDERS Family Law Local Rule 8.d Santa Clara County Page 1 of 2

65 CASE NAME: ATTACHMENT FM-1025 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 201 North First Street, San José, CA 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 REV 08/01/16 Approved for optional use DECLARATION FOR DEFAULT CUSTODY AND VISITATION ORDERS Family Law Local Rule 8.d Santa Clara County Page 2 of 2

66 SUPERIOR COURT OF CALIFORNIA FAMILY JUSTICE CENTER PETITIONER/PLAINTIFF: ATTACHMENT FM-1036 FOR COURT USE ONLY RESPONDENT/DEFENDANT: STIPULATION RE: PROTECTIVE ORDER FOR FAMILY COURT SERVICES RECORDS AND ORDER THEREON CASE NUMBER: 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 08/01/16 STIPULATION RE: PROTECTIVE ORDER FOR FAMILY COURT SERVICES RECORDS AND ORDER THEREON Page 1 of 2

67 CASE NAME CASE NUMBER ATTACHMENT FM 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, , and Rule 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 and 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 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 201 North First Street, San José, CA 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: Dated: Dated: Dated: Dated: IT IS SO ORDERED. Respondent/Defendant Attorney for Respondent/Defendant Petitioner/Plaintiff Attorney for Petitioner/Plaintiff Attorney for Minor(s) ORDER Dated: Judicial Officer of the Superior Court FM-1036 REV 08/01/16 STIPULATION RE: PROTECTIVE ORDER FOR FAMILY COURT SERVICES RECORDS AND ORDER THEREON Page 2 of 2

68 Protected Person s Name: Case Number: ATTACHMENT FM-1041 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 Sheriff s Office Representative Signature of 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

69 ATTACHMENT FM-1047 SUPERIOR COURT OF CALIFORNIA 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 Department or the Police Department where you live. Tell them you have a restraining or criminal protective order and you need to turn in your firearm(s) and ammunition. 2 The law enforcement agency will explain where and how to turn in your firearm(s) and ammunition. Some agencies ask you to make two trips: one for the firearm(s) and one for the ammunition. Follow their instructions carefully. 3 Law enforcement may ask for: a description of you and your car, your ID, and your court order. Follow these Safety Instructions: Your firearm(s) must be unloaded. Here are the non-emergency phone numbers. Campbell Police Dept (408) , Gilroy Police Dept. (408) Los Altos Police Dept. (650) Los Gatos/Monte Sereno Police Dept.(408) Milpitas Police Dept. (408) Morgan Hill Police Dept. (408) Mountain View Police Dept. (650) Palo Alto Police Dept. (650) San Jose Police Dept. 311 or (408) San Jose State Univ. Police Dept. (408) Santa Clara County Sheriff s Office (408) Santa Clara Police Dept. (408) Stanford Univ. Dept. of Public Safety (650) Sunnyvale Dept. of Public Safety (408) 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 (a)) Drive straight to the law enforcement agency. Do not stop anywhere else. Park your car where the agency told you to park. Do not call 911. Call your local police department or the Santa Clara County Sheriff s Office. 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 1/08 HOW TO SAFELY TURN IN FIREARMS AND AMMUNITION Page 1 of 2

70 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? Firearms include: handguns and pistols, rifles and shotguns, black powder firearms and muzzle-loading firearms, assault weapons, and any weapon that sends a projectile through a barrel and the weapon s frame or receiver. How do I turn in my firearms and ammunition? You have 2 options: You can call your local police department or the Santa Clara County Sheriff s Office and ask for instructions, or You can sell them to a federally licensed gun dealer. Look in the Yellow Pages or online under Firearms Dealers. How long do I have to turn in my firearms and ammunition? If the court ordered you to relinquish your firearms and ammunition, you only have 24 hours from the time that you received the restraining order or criminal protective order. What if I was ordered to turn in firearms and ammunition on a weekend, can I get more than 24 hours? No. You only have 24 hours. Law enforcement is available 24/7. See other side for instructions. Can I turn in my firearms and ammunition now, and sell them later? Yes. You can have one sale of the firearms and ammunition. You must use a federally licensed gun dealer for the sale. The gun dealer will give the law enforcement agency a bill of sale for the firearms and/or ammunition. If the paperwork is correct, the law enforcement agency will turn over the guns and/or ammunition to the gun dealer. What happens if my firearms have not been registered? It depends. Not all firearms have to be registered. But, if you did not register a weapon that had to be registered, you may have committed a crime. Talk to a lawyer as soon as possible. How long will law enforcement keep my firearms and ammunition? Usually they keep the firearms and ammunition until your restraining or protective order ends. If they cannot keep them for the whole period, they will let you know in writing so you can make other arrangements. Do I have to pay law enforcement to keep my firearms and ammunition? Maybe. Each agency has its own policy. They will tell you about any fees when you turn them in. They will also let you know in writing if their fees change. Can a law enforcement officer take my firearms and ammunition from me? Yes. If you are involved in domestic violence, the officer can take away your firearms and ammunition. (Calif. Penal Code, 6389(c)(2)) Can I get my firearms back from law enforcement after the court order ends? Yes, if you are legally allowed to have a firearm. Fill out a Law Enforcement Gun Release (LEGR) Application and send it to the California Department of Justice. You can get the application at: You will also have to pay a fee ($20 for the first firearm and $3 for each additional firearm). The Department of Justice will send you a notice within 4-6 weeks to tell you if you are eligible to possess a weapon again. If you are eligible, take that notice to the law enforcement agency where your firearm(s) and ammunition are stored within 30 days of the date on the notice. If you wait more than 30 days, you will have to submit another application. Where can I get more information? You can: Call your local law enforcement agency, or Read the law (Calif. Penal Code and 6389). Contact an attorney. FM-1047 REV 1/08 HOW TO SAFELY TURN IN FIREARMS AND AMMUNITION Page 2 of 2

71 SUPERIOR COURT OF CALIFORNIA, STREET ADDRESS: 201 North First Street, San José, CA MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San José, California BRANCH NAME: Family Justice Center ATTACHMENT FM-1050 FOR COURT USE ONLY PETITIONER: RESPONDENT: FAMILY LAW NOTICE Dissolution /Legal Separation/Nullity/Parentage CASE NUMBER: PLEASE READ THIS ENTIRE FORM Your case has been assigned to Judge in Department: for all purposes at the Family Courthouse Located at: 201 North First Street, San José, CA 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 want to protect your rights and participate in this case, you must file a Response with the Court within 30 days of being served. RULES FOR THE STATUS CONFERENCE: 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 and Judicial Council forms at and the Local Family Law Rules and Local forms at 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 For a low cost consultation with a private attorney contact the Santa Clara County Bar Association at (408) (or You can also or visit the Court s Self Help Center: o click Self-Help then click Free and Low Cost Legal Help then click Self Help Question Form o You can leave a message at (408) o Visit the Self Help Center located at 201 North First Street, San José, CA 95113, Monday through Thursday, during regular Court hours. Help is provided on a first come, first served bases. If, after reviewing the Court s website or other information, you would like to schedule a Status Conference to review the status of your case and next steps to finish it, you may contact the Family Court Clerk s office at (408) or visit them in person at one of the three courthouses listed above during regular Court business hours. The purpose of the Status Conference is to review your case s progress; it is not the date when your case is actually finished. FM-1050 REV 08/01/16 (Optional) FAMILY LAW NOTICE DISSOLUTION/LEGAL SEPARATION/NULLITY/PARENTAGE Page 1 of 1

72 SUPERIOR COURT OF CALIFORNIA, STREET ADDRESS: MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San José, CA BRANCH NAME: Family Court ATTACHMENT FM-1053 FOR COURT USE ONLY PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: FAMILY LAW PARENTAGE JUDGMENT CHECKLIST PETITION TO ESTABLISH PARENTAL RELATIONSHIP CASE NUMBER: 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

73 ATTACHMENT FM 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

74 Attorney has signed and approved Judgment for represented party ATTACHMENT FM 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

75 ATTACHMENT FM-1056 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 FAMILY COURT SERVICES ORDER APPOINTING CHILD CUSTODY EVALUATOR (Family Court Services) CASE NUMBER: DEPARTMENT NUMBER: 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: Legal Custody, may include division of authority for decision making Physical Custody Visitation Whether visitation shall be supervised, and, if so, by what type of program and for how long 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 Move-away issues 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 Other: 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: You are obligated to notify the Family Court Services, Calendar Office at , to vacate the Custody Settlement Conference, if you settle. DATE OF FIRST EVALUATION APPOINTMENT DATE/TIME OF CUSTODY SETTLEMENT CONFERENCE ( Days from the date of first evaluation appointment) DATE: JUDICIAL OFFICER NOTES/COMMENTS: FM-1056 REV 7/1/11 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 Page 1 of 3 FAMILY COURT SERVICES

76 ATTACHMENT FM-1056 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 FAMILY COURT SERVICES ORDER APPOINTING CHILD CUSTODY EVALUATOR (Family Court Services) ADDITIONAL ORDERS 4. APPOINTMENTS AND DOCUMENTATION CASE NUMBER: DEPARTMENT NUMBER: FCS NUMBER: 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 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 FM-1056 Rev.7/01/11 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 Page 2 of 3 FAMILY COURT SERVICES

77 ATTACHMENT FM-1056 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 FAMILY COURT SERVICES ORDER APPOINTING CHILD CUSTODY EVALUATOR (Family Court Services) CASE NUMBER: DEPARTMENT NUMBER: FCS NUMBER: 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 The evaluator appointed herein shall fully comply with all applicable requirements of 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 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.7/01/11 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 Page 3 of 3 FAMILY COURT SERVICES

78 ATTACHMENT FM-1057 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 PRIVATE EVALUATOR STIPULATION AND ORDER APPOINTING CHILD CUSTODY PRIVATE EVALUATOR CASE NUMBER: DEPARTMENT NUMBER: FCS NUMBER: The following Orders are stipulated to by and between the parties and their respective counsel: Counsel for the Petitioner: Counsel for 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: Legal Custody, may include division of authority for decision making Physical Custody Visitation Whether visitation shall be supervised, and, if so, by what type of program and for how long 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 Move-away issues 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 Other: 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 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. FM-1057 Eff. 7/01/11 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 Page 1 of 3 PRIVATE EVALUATOR

79 ATTACHMENT FM-1057 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 PRIVATE EVALUATOR STIPULATION AND ORDER APPOINTING CHILD CUSTODY PRIVATE EVALUATOR CASE NUMBER: DEPARTMENT NUMBER: FCS NUMBER: 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. L. In the event that the Court has checked the box above ordering an evaluation pursuant to Family Code FM-1057 Eff. 7/01/11 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 Page 2 of 3 PRIVATE EVALUATOR

80 ATTACHMENT FM-1057 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 PRIVATE EVALUATOR STIPULATION AND ORDER APPOINTING CHILD CUSTODY PRIVATE EVALUATOR CASE NUMBER: DEPARTMENT NUMBER: FCS NUMBER: 3118, the Court has determined that there is a serious allegation of child sexual abuse as defined in The evaluator appointed herein shall fully comply with all applicable requirements of 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 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: You are obligated to notify the Family Court Services, Calendar Office at , to vacate the Custody Settlement Conference, if you settle. COUNSEL FOR MINOR CHILDREN CUSTODY SETTLEMENT CONFERENCE DATE AND TIME ( days from the date of this Order) IT IS SO ORDERED: DATED: JUDICIAL OFFICER FM-1057 Eff. 7/01/11 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 Page 3 of 3 PRIVATE EVALUATOR

81 NAME AND ADDRESS OF PARTY OR ATTORNEY FOR PARTY: TELEPHONE NUMBER: ATTACHMENT FM-1059 FOR COURT USE ONLY ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, *170 Park Avenue, San José, CA *605 W. El Camino Real, Sunnyvale, CA Diana Avenue, Morgan Hill, CA *Mailing Address: 191 N. First St. San José, CA PETITIONER: CASE NUMBER: RESPONDENT: REQUEST AND ORDER TO CHANGE STATUS OR CASE RESOLUTION CONFERENCE DATE DEPARTMENT NUMBER: 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 REQUEST AND ORDER TO CHANGE STATUS OR CASE RESOLUTION CONFERENCE DATE Santa Clara County Family Local Rule 6 Page 1 of 2

82 PETITIONER: CASE NUMBER: ATTACHMENT FM-1059 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 CASE RESOLUTION CONFERENCE DATE Santa Clara County Family Local Rule 6 Page 2 of 2

83 SUPERIOR COURT OF CALIFORNIA Family Law Division Address: 170 Park Avenue San Jose, CA Main Number: (408) Clerk s Office: (408) Mailing Address: 191 North First Street, San Jose, CA ATTACHMENT FM-1061 TO: RE: Family Court Services Clients 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

84 SUPERIOR COURT OF CALIFORNIA Family Law Division Address: 170 Park Avenue, San Jose, CA Main Number: (408) Clerk s Office: (408) Mailing Address: 191 North First Street, San Jose, CA ATTACHMENT FM-1061 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

85 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name and Address): TELEPHONE NUMBER: ATTACHMENT FM-1067 FOR COURT USE ONLY ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, STREET ADDRESS: 201 North First Street, San José, CA MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San José, California BRANCH NAME: Family Justice Center PETITIONER: RESPONDENT: CLAIMANT: CASE NUMBER: APPLICATION #: APPLICATION FOR PAYMENT OF ATTORNEY FEES AND COSTS OF CHILDREN S COUNSEL APJ: 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 08/01/16 APPLICATION FOR PAYMENT OF ATTORNEY FEES AND COSTS OF CHILDREN S COUNSEL Page 1 of 2

86 PETITIONER: CASE NUMBER: ATTACHMENT FM-1067 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. 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 José, CA FM-1067 REV 08/01/16 APPLICATION FOR PAYMENT OF ATTORNEY FEES AND COSTS OF CHILDREN S COUNSEL Page 2 of 2

87 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name and Address): TELEPHONE NUMBER: ATTACHMENT FM-1068 FOR COURT USE ONLY ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, STREET ADDRESS: 201 North First Street, San José, CA MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San José, California BRANCH NAME: Family Justice Center PETITIONER: RESPONDENT: CLAIMANT: CASE NUMBER: FCS NUMBER: PETITIONER S RESPONDENT S RESPONSE TO CHILDREN S COUNSEL S APPLICATION FOR PAYMENT OF ATTORNEY FEES AND COSTS APJ: DEPARTMENT: 1. I,, declare the following: I am the attorney for the Father/Mother of the minor children in this case. I am the Father/Mother of the minor children 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 08/01/16 RESPONSE TO CHILDREN S COUNSEL S APPLICATION FOR PAYMENT OF ATTORNEY FEES Page 1 of 2

88 PETITIONER: CASE NUMBER: ATTACHMENT FM-1068 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) 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 José, 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 08/01/16 RESPONSE TO CHILDREN S COUNSEL S APPLICATION FOR PAYMENT OF ATTORNEY FEES Page 2 of 2

89 ATTACHMENT FM-1078 SUPERIOR COURT OF CALIFORNIA 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 selfrepresented 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

90 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 selfrepresented person on the other side. FM-1078 REV 01/01/13 Page 2 of 4

91 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? What is your complaint? Please be specific. Within the last month Within the last three months Within the last year More than one year ago What would you like to have done as a result of this complaint? FM-1078 REV 01/01/13 Page 3 of 4

92 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 (Unsigned or anonymous complaints cannot be accepted) Date 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

93 SUPERIOR COURT OF CALIFORNIA INITIAL APPLICATION FOR APPOINTMENT AS COUNSEL FOR MINOR CHILDREN IN FAMILY COURT CASES Name Phone Number Business Address Year Admitted to CA Bar CA State Bar Number 1. California Rule of Court 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

94 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

95 SUPERIOR COURT OF CALIFORNIA ANNUAL RENEWAL APPLICATION/ELIGIBILITY DECLARATION FOR APPOINTMENT AS COUNSEL FOR MINOR CHILDREN IN FAMILY COURT CASES Name Phone Number Business Address Year Admitted to CA Bar CA State Bar Number 1. California Rule of Court 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

96 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

97 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS) TELEPHONE NUMBER: ATTACHMENT FM-1083 FOR COURT USE ONLY ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PETITIONER: RESPONDENT: OTHER PARENT/CLAIMANT: STIPULATION AND ORDER Modification CASE NUMBER: 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 Respondent present in court Claimant present in court Child s Attorney/Other (specify): Petitioner s attorney present: Respondent s attorney present: Claimant s attorney present: 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 REV 7/1/11 STIPULATION AND ORDER Page 1 of 2

98 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: Date: Date: Date: Petitioner Attorney for Petitioner Respondent Attorney for Respondent Date: Date: Date: Child s Attorney Other: 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

99 FM-1102 Other Orders Property Removal Case Number: This form is attached to: DV-110/130 CH-110/130 EA-110/130 JV-250/ 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 upon 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. The items may be taken between (date) and (date) between (times) and. c. Must send 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 place the other party s personal belongings as listed in item 7 in a box or boxes for pick up by/delivery to the other party or his/her designated representative. The terms of pick up/delivery must be as follows: e. 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. If the Civil Standby does not take place due to scheduling issues or if Law Enforcement is unavailable or unwilling to be present for the Civil Standby either party may request a hearing for further orders. 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 his/her 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. Such communication, if peaceful, is an exception to any No Contact Orders. 6. Others present at property removal: a. Minor children shall not be present during property removal. b. The property removal shall not take place (name of party) or his/her designated representative is not present. c. 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. d. The parties may not have others present when the items of property are removed. e. The following people may be may not be present when the items of property are removed: 7. Other Orders: a. 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. b. 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; (2) List of items to be removed: See Attachment FM-1102 REV 07/01/14 OTHER ORDERS PROPERTY REMOVAL Page 1 of 1

100 SUPERIOR COURT OF CALIFORNIA, 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 ATTACHMENT FM-1110 FOR COURT USE ONLY PETITIONER: RESPONDENT: OTHER PARENT/ CLAIMANT: APPLICATION AND ORDER FOR EXPERT WITNESS FEES (FAMILY CODE SECTION 3112) APPLICATION AND ORDER FOR DEPOSITION FEES (GOVERNMENT CODE SECTION (d)) CASE NUMBER: DEPARTMENT NUMBER: FCS NUMBER: 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: IT IS ORDERED that: Signed: ORDER Screener/Evaluator 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

101 SUPERIOR COURT OF CALIFORNIA, STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: CENTRAL (170 Park Avenue, San José, CA 95113) NORTH (605 El Camino Real, Sunnyvale, CA 94087) SOUTH (301 Diana Avenue, Morgan Hill, CA 95037) 191 North First Street San José, CA Family Court ATTACHMENT FM-1112 FOR COURT USE ONLY PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: STIPULATION FOR COURT COMMISSIONER TO ACT AS TEMPORARY JUDGE FOR ALL PURPOSES CASE NUMBER: 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

102 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS) TELEPHONE NUMBER: ATTACHMENT FM-1123 FOR COURT USE ONLY ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: Family Division PETITIONER: RESPONDENT: OTHER PARTY: ORDERS AFTER Status Conference Case Resolution Conference (Family Law) Dissolution Nullity Legal Separation Domestic Partnership Parentage Other Family Law: CASE NUMBER: DEPT. NO.: 1. Conference Date: Judicial Officer (name): Petitioner Present Respondent Present Other Party Present Minor s Counsel Present: Attorney Present (name): Attorney Present ((name: Attorney Present ((name) 2. The Next Court Date. Parties or their attorneys must attend the following: Status Conference Case Resolution Conference Other: Date: Time: Dept.: 3. Declarations of Disclosure (for dissolutions, legal separation and nullity cases only): a. Petitioner Respondent must serve the other party with the Preliminary Declaration of Disclosure within 30 days 60 days other: b. The parties must serve each other with the Final Declaration of Disclosure or a waiver within 30 days 60 days other: 4. Settlement/Alternative Dispute Resolution Services a. The case is settled. (1) The parties are self-represented and have an appointment at the Court s Self Help Center/Family Law Facilitator s Office to prepare and file the judgment paperwork before the next Status Conference date. (2) The parties will submit the judgment paperwork for filing before the next Status Conference date. (3) The parties have already submitted their Judgment paperwork for filing. Court staff will vacate the next Status Conference date when and if the Judgment paperwork resolving all outstanding issues is approved and filed. FM-1123 REV 07/01/13 ORDERS AFTER STATUS CONFERENCE/ CASE RESOLUTION CONFERENCE (FAMILY LAW) Page 1 of 2

103 PETITONER: CASE NUMBER: ATTACHMENT FM-1123 RESPONDENT: b. The parties have agreed to participate in and/or the Court has ordered them to the following settlement discussions or other Alternative Dispute Resolution (ADR) services prior to the next Status Conference date and will give the Court an update on their progress at that hearing: (1) Early Neutral Evaluation (ENE) (2) Settlement Officer Conference (SOC) (3) Personal Property Arbitration (4) Private mediation or other private process (5) Other: c. Separate sessions for settlement discussions and other Court ADR services may have to be provided because there is an allegation of domestic violence between the parties in the case. 5. Discovery a. Discovery is completed. b. Discovery is suspended pending settlement discussion or other ADR services. c. The parties must complete discovery by: 6. Trial/Long Cause Hearing Setting a. A Mandatory Settlement Conference is set for: Date: Time: Dept. No.: b. Settlement Conference Statement must be filed pursuant to Local Family Rules of Court section 6(D)(3). c. A trial long cause hearing is set for: Date: Time: Dept. No.: d. Referred to Civil Master Trial Department for Trial setting on at e. Estimated time for trial/long cause hearing: f. Issues for trial/long cause hearing: g. Other orders related to trial/long cause hearing setting: 7. Other Status/Case Resolution Conference orders: 8. Service: a. Both parties were present and received a copy of this order. b. Petitioner Respondent shall immediately serve a copy of this order by mail on the other party, who failed to appear at the Status/Case Resolution Conference. Date: Number of pages attached: Judicial Officer Approved as conforming to Court Order. Date: Signature of Attorney for Petitioner Respondent Other party FM-1123 REV 07/01/13 ORDERS AFTER STATUS CONFERENCE/ CASE RESOLUTION CONFERENCE (FAMILY LAW) Page 2 of 2

104 SUPERIOR COURT OF CALIFORNIA, STREET ADDRESS: 170 Park Avenue MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San José, CA BRANCH NAME: Family Court ATTACHMENT FM-1124 FOR COURT USE ONLY PROTECTED PERSON: RESTRAINTED PERSON: FINDINGS RE NONCOMPLIANCE WITH ORDER TO RELINQUISH GUNS, FIREARMS OR AMMUNITION CASE NUMBER: This form is attached to: DV-110/130 CH-110/130 EA-110/130 WV-110/130 JV-250/255 Other: 1. The above matter came before the Court on in Department of the Superior Court, the Honorable 2. The Court makes the following findings by a preponderance of the evidence: a. The Restrained Person received proper notice of the hearing. b. The Restrained Person appeared did not appear for the hearing., presiding. c. The Court issued a restraining order against the Restrained Person on (date) which prohibits possession and requires the relinquishment of guns, firearms or ammunition, by surrender to Law Enforcement, or sale to or storage with a licensed gun dealer, as required by law. d. The Restrained Person owns or has access to guns, firearms or ammunition. e. The Restrained Person has failed to offer satisfactory proof that he or she has relinquished the guns, firearms or ammunition as required by law. 3. The Protected Person should give this form to the law enforcement agency where he or she lives, along with a copy of the restraining order, to request help to enforce the order to relinquish guns or other firearms or ammunition. Date: Judicial Officer Instructions to Protected Person You may call the non-emergency telephone number for the law enforcement agency where you live to request help in enforcing the order to relinquish the gun, firearms or ammunition. See list of agencies on Attachment FM-1124A. FM-1124 REV07/01/14 FINDINGS RE NONCOMPLIANCE WITH ORDER TO RELINQUISH GUNS, FIREARMS OR AMMUNITION Page 1 of 1

105 ATTACHMENT FM-1127 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 BRIEF FOCUSED ASSESSMENT ORDER APPOINTING PRIVATE CHILD CUSTODY EVALUATOR BRIEF FOCUSED ASSESSMENT CASE NUMBER: DEPARTMENT NUMBER: FCS NUMBER: THIS IS A COURT ORDER FOR A BRIEF FOCUSED ASSESSMENT, WHICH IS A LIMITED CHILD CUSTODY/VISITATION EVALUATION. 1. EVALUATION READINESS: a. Parties completed Orientation. b. Parties attended Mediation on (date):. c. Parties last participated in Judicial Custody Conference on (date):. d. Child Protective Services investigation(s) for family, if known: 2. EVALUATION RECOMMENDATIONS: The Brief Focused Assessment (BFA) shall address the issues checked below. The number of issues checked below shall not exceed two (2) issues. The recommendations resulting from the evaluation shall address: a. Decision Making Authority (Health, Education, and Extra-Curricular activities): Should one parent have decision making authority relating to the child s health, education and/or extra-curricular activities? b. Child s Voice: Is it in a child s best interest to address the Court under California Rule of Court, Rule 5.250(C)(3)A and, if so, what procedure would be best for the child in order to address the Court? What are the preferences of the child, if any, regarding the time share plan? c. Reconnection: Is it in the child s best interest to reconnect with a parent who has been absent from the child s life for a significant time period? If so, state specifics of reconnection plan to establish or re-establish a relationship, including what, if any, counseling should occur. d. Overnights: When would it be appropriate to commence overnights with the child with father/mother? Recommend a plan for an overnight time share schedule that increases in frequency, if appropriate. e. Special Needs Children: What is a developmentally appropriate time share for a special needs child? Coordinate information from other sources who have evaluated the child, and implications for custodial issues (e.g. time share plan, decision-making authority). f. Supervised Visitation: Is supervised visitation needed for father/mother and, if so, what manner of supervision? Include a plan to progress to unsupervised visitation, if appropriate. g. Co-parenting/Parallel Parenting: Determine if the parents can co-parent effectively or whether a plan for parallel parenting should be put in place. h. Education: Which school shall the child attend? Include an investigation of the child s educational and learning needs. i. Counseling/classes: Shall either party or the children be required to attend counseling, rehabilitation, parenting or co-parenting programs, substance abuse counseling, domestic violence programs, and, if so, what types of programs and for how long? j. Parenting Capacity: What plan is best for the child when there are concerns about a parent s ability to safely parent a child? k. Home Study: Are there legitimate concerns regarding the appropriateness and safety at either parent s home? l. Exchange Provisions: What exchange provisions are best to insure the safety of the child and to minimize the conflict? Should the exchanges be supervised? m. Update: Update a previous custody evaluation, done by the same or a different evaluator, with specific areas of focus (e.g. age appropriate time share plan, whether a parent has completed prior court-ordered services). n. Coaching Allegations: Examine allegations of a parent coaching, pressuring, manipulating, biasing or disaffecting a child from the other parent. o. Other Issues: [Specifically stated] p. Evaluator may make 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. FM-1127 REV 7/01/14 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 Page 1 of 3 BRIEF FOCUSED ASSESSMENT

106 ATTACHMENT FM-1127 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 BRIEF FOCUSED ASSESSMENT ORDER APPOINTING PRIVATE CHILD CUSTODY EVALUATOR BRIEF FOCUSED ASSESSMENT CASE NUMBER: DEPARTMENT NUMBER: FCS NUMBER: 3. APPOINTMENTS, DOCUMENTATION, AND ACCESS TO INFORMATION a. Each party or that party s attorney shall contact the BFA evaluator appointed above no later than five (5) court days from the filing of this order to schedule an appointment. The parties shall appear at the evaluator s office for all appointments set for them by the evaluator. b. The attorneys and the evaluator shall have a telephone or in person conference to discuss the court order. The parties shall 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 appointments that are set for them by the evaluator. 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 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. An appointed BFA 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, at Family Court. e. 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, mental health treatment, and education of the children. f. The BFA 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. g. The BFA 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. h. 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. i. 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 Status/ Resolution Conference calendar for review. The evaluator may appear by phone for a Case Status/Resolution Conference requested by the evaluator. 4. FEES a. Any initial fee deposits required by the evaluator shall be paid within 10 court 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 in a timely manner. b. This matter has qualified for a reduced fee BFA. The amount of the fee, deposit requirements, and terms of the fees shall be agreed upon before the first appointment. Judge s Initials: c. The evaluator and the parties shall sign a written fee agreement for the BFA. 5. EVALUATOR DUTIES AND AUTHORITY a. The BFA evaluator shall adhere to the requirements of California Rules of Court Rule regarding courtordered child custody evaluations, except as otherwise stated herein, Rule 5.225, education, experience and FM-1127 REV 7/01/14 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 Page 2 of 3 BRIEF FOCUSED ASSESSMENT

107 ATTACHMENT FM-1127 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 BRIEF FOCUSED ASSESSMENT ORDER APPOINTING PRIVATE CHILD CUSTODY EVALUATOR BRIEF FOCUSED ASSESSMENT CASE NUMBER: DEPARTMENT NUMBER: FCS NUMBER: 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 Santa Clara County Local Family Rule 2. b. The evaluator shall have the authority to petition the Court to withdraw from a case upon written notice to the parties, counsel, and the court. c. The evaluator shall, at the commencement of the BFA, 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) Limitations on the confidentiality of the process; (3) Cost and payment responsibility for the evaluation consistent with the terms of the appointing order. The BFA evaluator shall have each parent sign a Brief Focused Assessment Consent and Agreement. d. The BFA shall be conducted in consideration of the Guidelines for Brief Focused Assessment developed by the Association of Family and Conciliation Courts and published in The process and elements of the BFA shall follow and include those Guidelines. It is suggested that all attorneys and self represented parties review the Guidelines. The guidelines can be located at: e. The BFA evaluator shall have the authority to conduct home visits at his/her discretion. f. The BFA 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 appointed by this order. Contact with any previously appointed Special Master or Parenting Coordinator shall be as specified by court order only. g. All information obtained as described above shall be used solely for the purpose of conducting the BFA evaluation. h. The evaluator shall complete and distribute the BFA 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. The evaluator shall notify the attorneys and/or parents if the report is not completed within 60 days but any extension of time for the report beyond the CSC date must be extended by Court order. DATED: DATED: DATED: DATED: DATED: PETITIONER COUNSEL FOR PETITIONER RESPONDENT COUNSEL FOR RESPONDENT COUNSEL FOR MINOR CHILDREN If you settle, you are obligated to notify the clerk of the All Purpose Judge to vacate the Custody Settlement Conference. CUSTODY SETTLEMENT CONFERENCE DATE AND TIME ( days from the date of this Order) IT IS SO ORDERED: DATED: JUDICIAL OFFICER FM-1127 REV 7/01/14 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 Page 3 of 3 BRIEF FOCUSED ASSESSMENT

108 SUPERIOR COURT OF CALIFORNIA, STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: ATTACHMENT FM-1129 FOR COURT USE ONLY PETITIONER: RESPONDENT: OTHER PARENT CLAIMANT: NON-PROFESSIONAL SUPERVISED VISITATION PROVIDER DECLARATION OF QUALIFICATIONS CASE NUMBER: DEPARTMENT NUMBER: In accordance with Family Code section and section 5.20(c)(1) of the California Standards of Judicial Administration, I declare that: Initial: 1. I am 21 years of age or older. 2. I have no convictions for driving under the influence (DUI) within the past five years. 3. I have not been on probation or parole for the last ten (10) years. 4. I have no record of a conviction for child molestation, child abuse, or other crimes against a person. 5. I have proof of automobile insurance if transporting the child. 6. I have no civil, criminal, or juvenile restraining orders issued against me within the last ten years. 7. I have no current or past court order in which I am the person being supervised. 8. I am not financially dependent on the person being supervised. 9. I am not employed by the person being supervised. 10. I am not an employee of the Superior Court of California, County of Santa Clara. 11. I am not in an intimate relationship with the person being supervised. 12. I agree to adhere to and enforce the court order regarding supervised visitation. 13. I have read and reviewed the court order for supervised visitation. 14. I have read the booklet entitled A Guide for the Non-Professional Provider of Supervised Visitation. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: Print Name Signature FM-1129 Rev 7/01/14 NON-PROFESSIONAL SUPERVISED VISITATION PROVIDER DECLARATION OF QUALIFICATIONS Page 1 of 1

109 AUTHORIZED FAX FILER ATTACHMENT FM-1136 FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, STREET ADDRESS: 191 North First Street MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San José, California BRANCH NAME: Downtown Courthouse Probate Division PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: ELDER ABUSE FACSIMILE TRANSMISSION COVER SHEET CASE NUMBER: TO THE COURT: Please find the following transmitted documents marked below: Document Name Request for Order to Stop Elder or Adult Abuse (Elder or Dependent Adult Abuse Prevention) Confidential CLETS Information (Domestic Violence, Civil Harassment, Elder Abuse, Juvenile Law) Response to Request for Orders to Stop Elder or Dependent Adult Abuse Notice of Hearing and Temporary Restraining Order (CLETS-TEA or TEF) (Elder or Dependent Adult Abuse Protection) Request and Order for Reissuance of Temporary Restraining Order (CLETS-TEA or TEF) Order after Hearing Restraining Elder or Dependent Adult Abuse (CLETS-EAR or EAF) (Elder or Dependent Abuse Protection) Proof of Personal Service - CLETS Proof of Service by Mail - CLETS Proof of Firearms Turned in or Sold Declaration in Support of Ex Parte Application for Orders Request for Sheriff to Serve and Sheriff s Fee Statement How to Safely Turn in Firearms and Ammunition How Can I Respond to a Request for Orders to Stop Elder or Dependent Adult Abuse? Substitution of Attorney Other: CHECK HERE IF RESUBMITTING DOCUMENTS Form No. EA-100 EA-102 EA-110 EA-120 EA-125 EA-130 EA-140 EA-141 EA-145 FM-1013 FM-1041 SC-1047 EA-151 INFO FM-1041 MC-050 NUMBER OF PAGES ATTACHED: FM-1136 REV 11/05/2015 ELDER ABUSE DOMESTIC VIOLENCE FACSIMILE TRANSMISSION COVER SHEET (FAX FILING) Page 1 of 1

110 SUPERIOR COURT OF CALIFORNIA Family Court Services Annual Renewal Application/Eligibility for Inclusion on List of Professional Supervised Visitation Providers Note: This form must be completed for all providers, including each visitation monitor employed by an agency. Full Name Agency, if applicable Title Phone Number Address Address Address California Standards of Judicial Administration (Uniform Standards of Practice for Providers of Supervised Visitation) Standard 5.20 and California Family Code Section set forth and defines the standards of practice, including duties and obligations for professional providers of supervised visitation. Please initial confirming the following: 1. I meet the qualifications set forth and defined in California Family Code Section and California Standards of Judicial Administration a. I am at least 21 years of age b. I have no record of a conviction for driving under the influence (DUI) within the last five years. c. I have not been on probation or parole for the last 10 years. d. I have no record of a conviction for child molestation, child abuse, domestic violence, or other crimes against a person. e. I have proof of automobile insurance or I do not transport children as part of my service as a supervised visitation monitor. f. I have no civil, criminal, or juvenile restraining orders within the last 10 years. g. I have no current or past order in which I am the person being supervised. FM-1178 REV 6/1/17 SUPERVISED VISITATION PROFESSIONAL PROVIDER ANNUAL RENEWAL APPLICATION/ELIGIBILITY FOR INCLUSION ON LIST Page 1 of 3

111 h. I am able to speak the language of the minor(s) and parent I am supervising or will provide a neutral interpreter over 18 years of age who is able to do so. i. I agree to adhere strictly to and enforce each Court order regarding supervised visitation. 3. I have met the requirements for 24 hours of training as specified in California Family Code Section and California Standards of Judicial Administration I have completed eight (8) hours of training within the last year in the areas specified below, with at least two hours dedicated to Issues Relating to Substance Abuse, Child Abuse, Sexual Abuse & Domestic Violence (item j below). (Provide details in (a) through (k) below) a. The Role of a Professional Provider: Hours completed b. Child Abuse Reporting Laws: Hours completed c. Recordkeeping Procedures: Hours completed d. Screening, Monitoring, and Termination of Visitation: Hours completed e. Developmental Needs of Children: Hours completed f. Legal Responsibilities and Obligations of a Provider: Hours completed g. Cultural Sensitivity: Hours completed h. Conflicts of Interest: Hours completed i. Confidentiality: Hours completed j. Issues Relating to Substance Abuse, Child Abuse, Sexual Abuse & Domestic Violence: Hours completed k. Basic Knowledge of Family & Juvenile Law: Hours completed 5. I agree to meet all safety and security procedures, have the ratio of children to provider as described in the Standards of Judicial Administration 5.20(h) and/or specific Court order, have no conflict of interest, maintain and disclose records as described in the Standards of Judicial Administration 5.20(j), abide by confidentiality standards as described in the Standards of Judicial Administration 5.20(k), and, additionally, meet all the Standards as set forth in Standards of Judicial Administration I agree to have reviewed and comply with the six (6) Guiding Principles of the United States Department of Justice, Office on Violence Against Women ( OVW ) Safe Havens: Supervised Visitation and Safe Exchange Grant Program, as listed in detail below: i. Principle I, Equal Regard for the Safety of Child(ren) and Adult Victims: Visitation centers should consider as their highest priority the safety of child(ren) and adult victims and should treat both with equal regard. ii. Principle II, Valuing Multiculturalism and Diversity: Visitation centers should be responsive to the background, circumstances, and cultures of their community and the families they serve. iii. Principle III, Incorporating an Understanding of Domestic Violence into Center Services: Visitation centers should demonstrate a comprehensive understanding of the nature, dynamics, and impact of domestic violence and incorporate that understanding into their services. iv. Principle IV, Respectful and Fair Interaction: Visitation centers should treat every individual using their services with respect and fairness, while taking into account the abuse that has occurred within the family. v. Principle V, Community Collaboration: Visitation centers should seek to operate within a community collaborative which has as its goal to centralize safety of child(ren) and adult victims and hold batterers accountable. The community collaborative will strive (1) to ensure a holistic response to each family member s FM-1178 REV 6/1/17 SUPERVISED VISITATION PROFESSIONAL PROVIDER ANNUAL RENEWAL APPLICATION/ELIGIBILITY FOR INCLUSION ON LIST Page 2 of 3

112 vi. needs; (2) to stop continued abuse of child(ren) and adult victims; and (3) to eliminate the social conditions that cause intimate partner violence. Principle VI, Advocacy for Child(ren) and Adult Victims: Visitation centers should work with the community collaborative to ensure that child(ren) and adult victims have meaningful access to services and should actively link individuals to those services. 7. I understand that this document may be made available upon request to any member of the public. I hereby declare under penalty of perjury under the laws of the State of California that by my initials set forth above, the information is true and correct. Date Signature Please send the completed original form to: Director of Family Court Services Superior Court of California, County of Santa Clara 191 North First Street San José, CA FM-1178 REV 6/1/17 SUPERVISED VISITATION PROFESSIONAL PROVIDER ANNUAL RENEWAL APPLICATION/ELIGIBILITY FOR INCLUSION ON LIST Page 3 of 3

113 SUPERIOR COURT OF CALIFORNIA Family Court Services Professional Supervised Visitation Provider List Information Inclusion and Change Request Form Updates to the FCS Professional Supervised Visitation Provider List will be made quarterly. Please indicate changes below. New Provider Change Existing Provider Information Delete Provider Name of Provider: Doing Business As: Address: Phone: ( ) FAX: ( ) Web: Areas Served: Fees: Intake $ Regular Rate $ per/ Sliding Scale Provided Report fee $ Additional child charges $ per/ Onsite Offsite Transportation Provided Length of Visits: Minimum Maximum Hours: Mondays from to Fridays from to Tuesdays from to Saturdays from to Wednesday from to Thursday Languages Provided: from to Supervised Exchanges Provided Exchanges Rate $ Related Services Offered: Sundays from to Please send the completed original form to: Director of Family Court Services Superior Court of California, County of Santa Clara 191 North First Street San José, CA FM-1179 REV 09/16/16 Professional Supervised Visitation Provider List Information Inclusion and Change Request Form