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When parents cannot reach an agreement about custody and visitation, California law states that they must first meet with a professional mediator (Child Custody Recommending Counselor) before their hearing; when parents do not agree, recommendations to the parents and the court in the child(ren)'s best interest; the date and time for child custody recommending counseling set by the court - a parent who lives more than 120 miles away from the courthouse or has a documented medical condition that prohibits traveling lets the Judge know and may request Telephonic Appearance at Child Custody Recommending Counseling; Child Custody Recommending Counseling located at the main Courthouse at 5088 Bullion Street, Mariposa, CA 95338; no child(ren), friends, relative, spouse or significant others brought to the appointment - CCRC is just for the parents, only parents to the case may go to Family Court Services except for certain situations when there is a Domestic Violence Restraining or Criminal Proactive Order, and the parents can have a silent support person with them in session; the child(ren) not brought to court or to CCRC unless a judge or a commissioner specifically says so, or the CCRC has requested a minor interview appointment at Family Court Services - a child's wish to speak with the judge explained in the court paperwork or to the counselor; if the other parent does not go to the CCRC appointment given in court, the court date kept and the judge/commissioner deciding what happens next; the free online parent education course Parenting After Separation and other resources.
Section 4-Family Law: these Rules apply to all matters related to the Family Law Act, the Uniform Parentage Act, the Domestic Violence Prevention Act, and the Uniform Child Custody Jurisdiction Act (4.1); subject to available resources, the Family Court Judge or Commissioner to review Criminal Court records for existing restraining/protective orders involving the same parties before issuing a permanent CLETS Civil Restraining Order (4.2(a)); a Family Court order that permits contact between a restrained person and his or her children to set forth the contact schedule and the safe exchange of the children, without language conflicting with a no-contact or limited-access Criminal Protective Order (4.2(b)); an attorney or self-represented litigant may be directed to complete the Application to Modify Criminal Protective Order form, attaching a copy of a Minute Order reflecting the Family Court’s recommendation to the Criminal Court (4.2(c)); parents not in agreement regarding custody and/or visitation required to attend mediation before the Child Custody Recommending Counselor (CCRC), keep all appointments and make a good faith effort to agree, and the Court may make temporary orders pending mediation (4.3(a)); generally only the two parents and the mediator attend, but the mediator may allow other persons to participate (4.3(b)); mediation private and confidential, including verbal communications to the mediator unless they impact safety, and the Court may consider the mediator’s written recommendation regarding custody and visitation without further foundation (4.3(c)); ex parte communications permitted by the mediator in writing and served on the opposing party (Rule 5.235 of the California Rules of Court), but not communications between parties made to the mediator (4.3(d)); after mediation, the Court may schedule a hearing on unresolved custody and visitation issues, order a custody evaluation pursuant to California Rules of Court, Rule 5.220 and make temporary orders pending its completion (4.4); a stipulated evaluation approved only where the Court deems it warranted, an evaluator stipulated to by the parties or, absent stipulation or for good cause, appointed by the Court and meeting the requirements of California Rules of Court, Rule 5.225, the parties ordered to pay the cost according to their relative ability to pay, and the final report used only as evidence at a custody or visitation hearing unless otherwise ordered, the Court’s copy confidential (4.5); within 30 calendar days of a hearing or trial where support is at issue, each party to file a current Income and Expense Declaration (form FL-150) with paycheck stubs for the most recent two months or, if self-employed, profit and loss statements, balance sheets, quarterly sales tax reports, the last filed tax return or similar documentation (4.6(a)); the Court may also ask for the last three state and federal income tax returns (4.6(b)); notice of an ex parte application in accordance with California Rules of Court, Rule 5.165, and requests for emergency orders considered only if they conform with California Rules of Court, Rule 5.151 (4.7); counsel should come to a hearing with a written Order After Hearing (OAH), one counsel designated to prepare it if further drafting is required, the draft submitted to opposing counsel for approval as to form, faxed or emailed OAH’s acceptable, all OAH’s submitted within 14 days following the hearing or sanctions may result, and, if opposing counsel does not respond within five days, the proposed OAH submitted directly with a declaration (4.8); a stipulation for a modification of an existing order, signed by both parties and their attorneys, if any, and presented to the judge (4.9); all contested dissolutions set for a settlement conference, which the parties and the attorneys attend (4.10(a)); and at least 10 court days before the settlement conference, each party to file and serve a Settlement Conference Statement containing a current Income and Expense Declaration (form FL-150), Schedule of Assets and Debts (form FL-142) and proposed division of the community property, the acquisition, encumbrance and title of any claimed separate property, the most recent custody, visitation and support orders with requested modifications, and a statement of facts and legal argument on any contested legal issue (4.10(b))
Section 6-Criminal: when the Criminal Court issues Criminal Protective Orders protecting Victim(s), the Criminal Court judge to inquire of the defendant (restrained person) whether there are any children of the relationship between the defendant and the victim (protected person) and any Court orders for custody/visitation of those children, to consider whether peaceful contact should be allowed for purposes of visitation of the defendant with the children and to inquire whether there are any other protective/restraining orders involving the defendant and the victim, and the Court to examine all available databases for existing protective or restraining orders before issuing permanent orders (6.1(a)); when the Criminal Court issues No Contact and/or Stay Away Orders from the minor children of the defendant, the judge to notify the Victim, if present in court, and the defendant of his or her rights to seek a modification, of the orders and of the necessity of returning to the Criminal Court to modify the Criminal Court Protective Order (6.1(b)); a copy of the Criminal Protective Order provided to the victim if present in the Criminal Court when it is issued or, if not, to the District Attorney, who shall send a copy to the Victim at his or her last known address (6.1(c)); the District Attorney’s Office (at any time, at the request of a Victim or the Family, Juvenile or Probate Court), the Probation Department (at the request of a defendant, Victim, or the Family, Juvenile or Probate Court) and the defendant or his/her counsel may place the issue before the Court, which, upon proper request pursuant to this protocol, places the matter on calendar on its own motion, copies of any applicable CLETS Civil Restraining Orders and Custody and Visitation Orders attached to the Application to Modify Criminal Protective Order, which includes the case numbers of both the Criminal Court case and any Family, Juvenile, or Probate cases involving the defendant and the Victim, the Court Clerk placing copies of the application in the applicable Court files, the requesting person responsible for personal service of the Application five (5) days before the hearing on the defendant and all other appropriate parties and agencies, including the District Attorney’s Office and the defendant’s attorney of record, and, if the requesting person is someone other than the Victim, the District Attorney’s Office to send a copy of the Application to the Victim at his or her last known address (6.1(d)); after the hearing on modification, the Court to send a copy of the Modified Protective Order or Order Denying Motion to Modify Criminal Protective Order (or Minute Order) to the applicable Family, Juvenile, or Probate Court for inclusion in its files, and the District Attorney to send a copy to the Victim at his or her last known address (6.1(e)); no criminal trial continued, even by stipulation of the parties, except pursuant to Penal Code section 1050 (6.2); the Court’s policy that, when a defendant has not made a motion to change his or her plea at the Trial Readiness Conference, only pleas to all counts in the complaint or information will be accepted, except where the counts are pled in the alternative (6.3); the attorney representing an in-custody defendant to make timely and appropriate arrangements to ensure that the defendant is suitably dressed for trial (6.4(a)); motions in limine that may not be heard and disposed of within one-half hour on the morning of trial made in writing and scheduled to be heard before the judge assigned to the trial at 1:30 p.m. on the day before the trial is scheduled to commence, and filed with the court and served on opposing counsel no later than three (3) days before the scheduled trial date (6.4(b)); and counsel to file, on the first day of the trial and prior to commencement of jury selection, a list of all CALCRIM instructions requested, special instructions accompanied by points and authorities on separate paper from the proposed instruction, and all blanks on form instructions filled in so that the proposed instruction is complete (6.4(c))
The court's workshop for parents going through divorce, separation and custody issues - preventing and managing conflict, communicating with the other parent, the effects of separation on children, children's developmental stages, home responsibilities, economic issues, discipline, removing children from parental conflict, the Court's role and parents retaining control of the mediation process, with role-play; court personnel schedule parents for particular workshop sessions; a Certificate of Completion filed in the court's file for parents who complete the workshop, accepted by the judicial officer hearing the case; childcare not provided - children not to be brought; the page repeats the Family Law page's custody mediation paragraphs (pre-filing mediation by calling 209-533-6565 with both parties, one party by telephone where domestic violence is alleged, mediation within 60 days under Family Code section 3170(a), the orientation in person on the first Wednesday of each month, 1pm – 4pm, in the Jury Assembly Room or online with the Certificate of Attendance filed before the session, a review hearing after it).
The family law case types; the Self-Help Center on the first floor of the Justice Center Courthouse helping with custody, support and protection paperwork by appointment or classes, walk-ins permitted during the Court Clerk Assistance Hours posted on the home page; private and stepparent adoptions investigated at the parties' expense; family support through the Department of Child Support Services; custody and visitation mediation - parents not yet before the Court may schedule their own mediation with one of the Court's trained custody mediators by calling 209-533-6565, no appointment for just one party, both parties must participate, where domestic violence is alleged the clerk's office told when the appointment is made and one party instructed to appear by telephone, all mediations on the first floor of the Courthouse; a custody or visitation issue already before the Court has its mediation session scheduled beforehand (Family Code section 3170(a): within 60 days after the petition is filed and before a decision on the merits); parties ordered to child custody mediation complete an orientation before the session (Family Code section 3170(b), CRC 5.210) - in person, signing up with the Court, on the first Wednesday of each month, 1pm – 4pm, in the Jury Assembly Room on the first floor, or online at https://pas.familieschange.ca.gov/ (registration required) with the Certificate of Attendance filed before the mediation session; a review hearing set after the mediation session; elder abuse cases filed in the civil division, 209-533-5555, no filing fee, the person asking for protection 65 years of age or older (as printed), forms online or in a packet from the civil clerk's office; Family Law Facilitator appointments at 209-533-6565; supervised parenting time on a proper showing by a non-professional or a paid professional supervisor the Court appoints, the Court working to establish a list of credentialed professional supervisors; the family law contact (209) 533-5555.
Family Mediation Services for litigants with a current case involving the custody and visitation of their minor children - an appointment made by calling 209-533-6565, with the case number and the mailing address of the other party at hand; no appointment for just one party, both parties must participate; where domestic violence restraining orders are involved, the clerk's office told when the appointment is made and one party instructed to call in at the appointment time so the order is not violated; the mediation services non-recommending - the mediator does not testify in court or write any recommendation to the court; civil mediation - general information on ADR (arbitration and mediation), ADR programs through the court at (209) 533-5555.
4.00.0 Family Law Rules: the local civil rules applying to family law proceedings except as otherwise provided, and counsel to meet and confer in good faith, with clients physically present or immediately available, before matters are heard on the family law calendar (4.01.0); a waiver of spousal support ordinarily not approved if the waiving party is receiving cash public assistance such as Temporary Assistance for Needy Families (TANF) (4.02.0); the Court’s policy not to change the children’s living situation during custody and visitation disputes, the Court to deny a parent’s access or change a child’s principal residence only under extraordinary circumstances, and an application to change the living situation before a full hearing to include the current order, the child-sharing schedule, residence changes in the past 180 days, a proposed time-sharing program and facts establishing that the child would be physically or emotionally harmed if custody were not changed (4.03.0); mandatory mediation of contested custody and visitation matters, private and confidential, communications to the mediator official information under Evidence Code section 1040 unless otherwise stipulated, child abuse allegations reported under Penal Code section 11166, an agreement reduced to writing and submitted to the judge for signature, a request for a custody evaluation on failure of mediation, and sanctions for failure to participate in good faith (4.04.0); child custody evaluations under California Rules of Court, rule 5.220, by the agency or professional the Court designates or the parties stipulate to, no peremptory challenges to evaluators, complaints made to the judge who ordered the evaluation, and further hearings on a Request for Order (form FL-300) (4.04.1); both parties, where child custody or visitation is at issue and either party requests a hearing, to attend the Court’s pre-mediation workshop and Cooperative Parenting Workshop under Family Code section 3160 et seq. (4.05.0); a marital settlement agreement approved or incorporated by reference in a judgment only if the petition refers to it, the agreement or a signed and filed stipulation provides that it may be presented for approval, or the parties and attorneys endorse approval on the Judicial Council form of stipulation for judgment, and only if signed by both attorneys when both parties are represented or, when only one is, by that attorney, with the other party’s statement, declaration or affidavit that the party was advised to consult an attorney but declined (4.06.0); in a contested dissolution assigned a trial date, current income and expense and property declarations filed and served at least fifteen (15) calendar days before trial, and a trial brief of issues, contentions and proposed disposition at least five (5) calendar days before (4.07.0(a)); the brief stating, for each item of property in the order of the Property Declaration, the date of acquisition, the facts on which it is claimed to be community or separate, encumbrances, how title is vested, record title data and current market value, with funds held by others, tracing, current obligations, support, custody and visitation contentions, and any appraisal (4.07.0(b)); settlement conferences set at the discretion of the bench officer hearing the matter (4.07.1); duties the Court may designate to the family law facilitator, including those of Family Code section 10005 (4.08.0); Family Law Required Attachments revoked (4.09.0); with a petition to free a minor from parental custody and control, a proposed order appointing county Child Welfare Services to conduct the investigation required by Family Code section 7850 (4.10.0); no filing fee for re-issuance of a request for order that includes a temporary emergency court order, and, for one that does not, the same filing fee as the original request (4.11.0); telephone appearances under California Rules of Court, rule 5.9 (rule 5.324 governing local child support agency actions), requested on form FL-679 filed at least seven (7) court days before the hearing and served for delivery by the close of business on the next court day, the FL-679-INFO timelines not applying, and responses filed and served at least three (3) court days before, for which form MC-030 may be used (4.12.0); and every request for order that includes a request for temporary emergency (ex parte) orders to include a completed, dated and signed form FL-303, or it is not processed (4.13.0)
When parents cannot reach an agreement about custody and visitation, they must first meet with a Child Custody Recommending Counselor (CCRC) before their hearing; no on-site CCRC orientation - the online CCRC orientation (a 30-minute video, with Spanish subtitles) required; the date and time for CCRC set by the court, a brief questionnaire given at the appointment; a Telephonic Appearance at CCRC requested from the Judge by a parent who lives more than 120 miles away from the courthouse or has a documented medical condition that prohibits travel; Family Court Services on the first floor of the courthouse, office 118, across from Jury Assembly; the counselor accepts no documents - all documents to be seen by the CCRC correctly filed in the court file ten (10) days before the scheduled appointment; a parent who arrives late or brings the children may not be seen; 48-hours' notice to cancel, by calling (559) 582-1010 and selecting Option 3, or a $200.00 missed appointment fee ($100.00 per parent, if both do not appear) - parents who reach an agreement or file a Stipulated Agreement cancel the same way; a $200.00 Review CCRC fee for parties who participated in Formal CCRC within the previous 12 months, and a $200.00 Minor Interview fee, each parent paying 50% ($100.00) before the appointment unless otherwise ordered; only the parents attend, with a silent support person, and no children unless a judge or commissioner directs or the counselor requests a minor interview.
Services upon referral from the Court (Child Custody Mediation, Child Custody Investigations, Probate Guardianship/Conservatorship Investigations, Declare Minor Free of Parental Control Investigations, Stepparent Adoption Investigations); once referred, parties must contact the office in person or by phone to complete the intake process; mediation appointments only after both parties are referred, contact Family Court Services and complete their intake paperwork - if a party fails to contact the office a memorandum is sent to the Court ten (10) Court business days before the scheduled hearing and the parties must be re-referred; mediation free of charge for intial referrals, $100.00 for re-referrals for each party; Madera County a "recommending county"; a separate session where a Domestic Violence Restraining Order or Criminal Protective Order is in place or a history of domestic violence is declared; a $200.00 fee, not covered by a fee waiver, for a party who neither cancels at least 48 hours prior nor attends; no documents to the mediator that have not been filed and served, and no contact with the mediator after the session; a parent orientation, in person or online, required on an annual basis before the appointment; Family Code 3111/3118 child custody investigations and their confidential report; conservatorship and guardianship investigations - Family Court Services investigates guardianship petitions of relatives, Madera County Child Protective Services those of non-relatives, with a Livescan fingerprint check; office and phone hours 8:00 a.m. – 3:00 p.m.
The family law case types; filing fees and Family Court Services fees on the Schedule of Fees; filing questions to the Civil Division at (559) 416-5525; Local Procedures and Notes - ex-parte hearings heard in the assigned Department, Monday – Friday at 8:15 a.m., documents along with the 24-hour Notice or Non-notice Declaration submitted no later than 10:00 a.m. the previous workday prior to the court date; all documents to be filed two (2) days prior to the court date; the Record Search fee $5.00 per name, about 5 days; family law packets from the Main Courthouse; Family Code Section 4320 factors; Self-Help and Facilitator services on child support, spousal support and health insurance issues only; Family Support cases only heard at the Main Courthouse.
Probate petitions, guardianship, conservatorship, termination of joint tenancy, real property of small value and petitions to establish fact of birth, death, or marriage; a Probate Guardianship or Probate Conservatorship Investigation conducted through the Family Court Services; filing questions to the Civil Division at (559) 416-5525; Local Procedures and Notes - ex-parte hearings heard in Department 37, Department 40, Department 44 or Department 45 Monday-Friday at 8:15 AM, documents along with the 24-hour Notice or Non-notice Declaration submitted no later than 10:00 a.m. prior to the court date; all documents to be filed two (2) days prior to the court date; no Probate Examiner on staff; the Probate Department in the Civil Division at the Main Courthouse, window hours 8:00 AM - 3:00 PM, a drop box from 3:00 PM to 4:00 PM; tentative calendar dates from the Civil Division between 8:00 AM and 3:00 PM.
Division 5, Chapter 1: Judicial Council forms (5.1.1); Marvin cases (5.1.2); orders shortening time on an affidavit or declaration of urgent need, the papers filed not later than 4:00 the day before the hearing (5.1.4); requests for orders on spousal support, child support and attorney's fees supported by a complete income and expense declaration, served with two blank forms, the responding party's declaration filed three (3) court days prior to the hearing (5.1.5 to 5.1.7); fees waived (5.1.8); requests for orders set in the family law department to which the case is assigned, and trial setting on an at-issue memorandum (5.1.9 and 5.1.10); matters stricken on non-appearance, counsel's duty to inform the courtroom Clerk, and restoration to calendar (5.1.13 to 5.1.15); hearings, stipulations reduced to writing and the bifurcation of custody (5.1.17); a mandatory settlement conference for a trial estimate of five hours or more (5.1.18); appraisals (5.1.19); default hearings at 8:30 a.m., Monday through Friday in Department 37, Department 44 and the Temporary Remote Department, Fridays at 9:30 in Department 40, with a proposed judgment (5.1.20); family law and motion matters at 8:30 a.m. (5.1.22); child support under Family Code § 4055 and Xspouse software for temporary spousal support (5.1.23 and 5.1.24); Family Court Services - child custody evaluation as visitation work, the parties' responsibility to contact Family Court Services for intake, a memorandum to the Court if a party has not contacted it ten (10) Court days before the hearing, no charge for the orientation and the initial appointment, a fee of $200.00 for failing to attend without notifying Family Court Services 48 hours in advance, $100.00 per parent for each subsequent session and for each child interview, investigations $600.00 per parent and limited scope investigations $200.00 per parent (5.1.25 to 5.1.27); a request for relief from the investigation charge filed not less than twenty (20) days before, the Court to grant or deny it within five (5) Court days, and fee waivers approved before the first appointment (5.1.28 and 5.1.29); private evaluators by stipulation, and no peremptory disqualification of court evaluators (5.1.30 and 5.1.31); interviews with minor children (5.1.32); Madera County a recommending county, the counselor's report confidential and considered as evidence (5.1.33); a subpoena for a Child Custody Recommending Counselor delivered with the $275.00 deposit not less than ten (10) court days before, at $55.00 per hour if expenses exceed the deposit (5.1.34); copies of Family Court Services reports (5.1.35); the MAD-CIV-010 Confidential Declaration on filing a petition (5.1.36); family-centered case resolution - a status conference within 120 days of the petition and every 180 days, dismissal or other orders for failure to comply, reinstatement within six (6) months, and the Notice of Family Law Case Status Conference served with the petition (5.1.37 and 5.1.38); Family Court Services appointments cancelled at least 48 hours prior, sanctions up to $1,500.00 (5.1.39); counts in criminal contempt actions (5.1.40); minor's counsel qualified under rule 5.242, who must file form FL-322 no later than 10 days after appointment and annually, and complaints about minor's counsel (5.1.41 and 5.1.42); and professional visitation providers' form FL324(P) (5.1.43)
Child Custody Recommending Counseling (CCRC) for a parenting plan - an appointment of one to two hours; its forms (the Formal Request for Separate Mediation, MSC-FL-035 Request for Separate CCRC Session, MSC-FL-036 Child Custody Recommending Counseling); the answer to How do I attend CCRC? - appointments and child interviews in person at the Ogletree Jr. Courthouse, 2260 N. Street, the parties reporting to the second floor, in the lobby outside courtroom 7, arriving 15- to 20 minutes before the appointment, an appointment canceled if a party does not arrive within 20 minutes past its time (the parties then directed to the further hearing, where rescheduling can be requested); contact information updated before the appointment; the orientation watched and the Confidential Information form mailed at least one (1) week before; the agreement, or the Recommendation and the Rationale; the page's Important Information that all parents appear remotely by telephone or video conference, contacted one business day before and on the day, and its Spanish instructions for remote mediation; the online orientation required of all parents before the custody hearing; supervised visitation - the Guide for Non-Professional Providers, and the Declaration of Supervised Visitation Provider (Nonprofessional) filed with the Family Law Clerk's Office; and the lists of private providers the court publishes without endorsement (supervised visits and exchanges, parenting and co-parenting, anger management and domestic violence, alcohol and drug assessment, counseling, drug testing, the Merced Superior Court Private Evaluator List, and the Merced Superior Court Mental Health Evaluator List) with the Custody Evaluation Scope Form, the Counselor/Therapist Progress Report, and the Supervised Visitation Report.
The Family Law Division at the Ogletree Jr. Courthouse, 2260 N Street (calendar desk (209) 725-4155; filings 8:00 am - 3:00 pm); Child Custody Recommending Counseling (CCRC) by Family Court Services as this page states it - by telephone or video conference on a date set by the Court, the orientation video watched first, the Confidential Information for Child Custody Recommending Counseling form mailed to the Family Law Division at 627 W. 21st Street at least one (1) week before the appointment, a separate session on request, availability from 8:15 am – 12 pm for an appointment set at 8:45 am, a call one (1) business day before and a call between 8:15 AM and 9:00 AM on the day, an agreement signed by the Judge becoming a Court Order or a Recommendation and a Rationale mailed to the parents, and the rules for remote CCRC (no recording, a private place, no children or third parties, documents filed and served before the appointment), with the same instructions in Spanish; payment over the counter (cash, cashier’s check, money order, a Visa or MasterCard card with a processing and convenience fee) and by mail (money orders and cashier’s checks); and the Family Law FAQs - the mandatory Orientation (its attendance waivable for attendance within the last 18 months or a residence over 250 miles away, by the Formal Request for Waiver of Orientation Hearing submitted no later than 4:00 pm two days before the Orientation), a missed CCRC date (a reimbursement fee normally of $50.00), continuances by the Stipulation and Order to Continue or Advance a Court date filed before the date (no filing fee), notice of an ex parte hearing by a phone call with the proposed order given before the matter is called, the Divorce packet, alternative service, and who may view a confidential file (the parties or the attorney of record with picture I.D., or a person with a party's signed letter).
Standing Order #2026-2 (effective September 14, 2026), Rule 410: Rules Governing Custody and Visitation Issues - modifying Local Rule 410's Child Custody Recommending Counseling (CCRC) appointments: all CCRC appointments for designated parties held in person at the Charles James Ogletree Jr. Courthouse unless otherwise ordered by the court, and the parties no longer contacted the day prior to the appointment for a reminder.
The educational program each proposed conservator views, in four parts - (1) the online conservatorship orientation, a video adopted from Orange County Superior Court (informational only, in English or Spanish), (2) the video "With Heart: Understanding Conservatorship", (3) the Handbook for Conservators, printed or downloaded, and (4) the Declaration of Completion of Orientation for Non-Professional Conservators, printed, signed and filed, the signed original and two copies in the clerk's office and one filed-endorsed copy provided to Family Court Services; and the Self-Help Resource Center for self-represented parties.
Family Court Services' mandatory instructions for child custody recommending counseling (CCRC) and minor interviews: within 24 hours of being ordered to attend CCRC or to have a child interviewed, the online Orientation/Intake completed on the court's website (allowing 90 minutes), the e-mailed intake form being the proof of completion, with help from the Self-Help Resource Center (559-737-5500) or Family Court Services (559-730-5000, Option 6, between 8AM and 4PM), and changes of contact information telephoned in before the session; an in-person session unless a remote session is circled or ordered, the parties arriving 10-15 minutes early at Room 204 on the second floor of the Visalia Courthouse or at the South County Justice Center in Porterville, checking in at the Self-Help Resource Center, no one else brought, and a session canceled and the Court notified of a failure to appear after a 15-minute grace period; remote (telephone) sessions for all cases with allegations of domestic violence and all Spanish-language CCRC cases in Porterville, the mediator calling at the session time (Zoom or a conference call) and a party not called within 10 minutes contacting Family Court Services; and the ground rules - one to two hours allowed, confidential sessions, no recording, speaker phone or others present, a quiet, private place for a remote session, no shared documents or photos, the counselor's directives followed, and a violation reported to the Judicial Officer as a failure to cooperate.
A copy of the filed petition and related documents, and of any document filed later, provided to Family Court Services (Room 204, Visalia Courthouse) or to the counter clerks at the South County Justice Center; once the court orders a relative guardianship investigation (Probate Code Section 1513(g)), a Court Investigator interviewing the petitioners and the children and reporting on the children's best interest, whether the guardianship is necessary or convenient and whether the guardians are suitable, with a check of local court records and a CLETS criminal background check on each legal parent in a confidential report, the investigators having 90 days; changes of contact information reported to Family Court Services at (559) 730-5000, Option 6, and filed; the mandatory local Guardianship Questionnaire (PRO-004) completed accurately and in detail; the Live Scan Fingerprint forms obtained from the Self-Help Resource Center after the Declaration of Completion of Guardianship Orientation is filed, Live Scan completed by each proposed guardian and each household member age 18 and over, and a copy of the completed form given to Family Court Services or the SCJC front counter; the report filed and mailed to the parties (Probate Code Section 1513(d)), any investigation fee ordered paid at the hearing, separate from the filing fee and waivable with a fee waiver; after appointment, contact changes filed on form MC-040 with a copy to Family Court Services, and the Annual Status Report (GC-251) for each child every year until the child reaches 18 or the guardianship ends, Family Court Services mailing a blank report about 60 days before the month the guardianship was granted and a report not filed set for an order to show cause; Family Court Services called if no investigator has called within 30 days, investigators returning calls within 48 hours; and a dismissal filed and served on Family Court Services to end the process.
The educational program each proposed guardian views (Rule 1007), in two sections - a PowerPoint presentation covering the general orientation for all guardians and the video "Becoming a Guardian" from the Contra Costa Superior Court website - then the "Declaration of Completion of Orientation for Guardian" printed, signed and filed, the signed original and two copies in the clerk's office and one filed-endorsed copy provided to Family Court Services; and the Self-Help Resource Center for self-represented parties.
The fingerprints of prospective guardians and conservators (California Penal Code Section 11105 (b) (22) and (23)) taken through the Tulare County Sheriff's Office, California Department of Justice - each proposed guardian and each household member age 18 and over, and each proposed conservator, completing Live Scan fingerprinting before the guardianship or conservatorship can be granted, the Court Investigator inquiring into its status; the Live Scan Fingerprint forms obtained from Family Court Services (221 S Mooney Blvd., RM204, Visalia, or the Porterville courthouse; 559-730-5000, Option #6) after the Declaration of Completion of Guardianship Orientation is filed; fingerprinting at the Tulare County Sheriff's Office - 833 South Akers Street, Visalia (appointments, with priority, and walk-ins 8-11AM and 2-4PM, Monday-Friday) or 1839 S. Newcomb, Porterville (appointments 9-3PM, Monday-Friday) - with the completed form and valid identification, the technician keeping the white copy and returning two; and the pink copy brought or mailed to Family Court Services (RM204, Visalia) or the South County Justice Center service counter so the results can be tracked, an incomplete Live Scan being the most common reason investigations are delayed.
The online orientation required of anyone ordered by the court, or asked by Family Court Services staff, to complete it - Part One, information on what to expect from family court mediation with a 30-minute video, "Orientation to Family Court Mediation and Child Custody Recommending Counseling"; Part Two, the Intake Form, confirmed by e-mail when an address is given; and Part Three, the Domestic Violence Questionnaire, required only where there are current or past allegations of domestic violence against the other party - completed with the case number, the mediation appointment date and the next court date at hand; the second and third parts not completed by those taking the orientation for information only; and the Parenting After Separation course highly recommended before the mediation session.
A copy of the filed petition and related documents, and of any document filed later, provided to Family Court Services (Room 204, Visalia Courthouse) or to the counter clerks at the South County Justice Center; once the court orders a probate conservatorship investigation (Probate Code Section 1820), a Court Investigator interviewing the petitioners and the proposed conservatee and reporting on best interest, necessity or alternatives and suitability, the investigators having 90 days; the mandatory Confidential Conservatorship Care Plan (Part 1 and Part 2) completed accurately; changes of contact information reported to Family Court Services at (559) 730-5000, Option 6, and filed on form MC-040; the online orientation and its declaration completed by each proposed conservator, the Live Scan Fingerprint forms obtained from the Self-Help Resource Center and a copy of the completed form given to Family Court Services or the SCJC front counter; the report filed and mailed to the parties (Probate Code Section 1826), any investigation fee ordered paid at the hearing; after appointment, a Care Plan for each conservatee as the court requests, Family Court Services mailing a blank plan about 60 days before the month the conservatorship was granted and a plan not filed set for an order to show cause; for a conservatorship of the estate, an Inventory and Appraisal within 90 days of appointment and an accounting within 60 days of the first-year anniversary and every other year after; the Court Investigator's unannounced visit one year after appointment and biennially after (Probate Code section 1850); Family Court Services called if no investigator has called within 30 days, calls returned within 48 hours; and on the conservatee's death, form GC-399 filed and served with the death certificate and a copy given to Family Court Services.
Family Court Services conducting stepparent adoption investigations (Family Code Section 9000) only where the petitioner has requested it, and Declare Free from Parental Custody and Control investigations only with a concurrently filed stepparent adoption; a copy of the filed petition and supporting documents, and of later filings, provided to Family Court Services (Room 204, Visalia Courthouse) or the counter clerks at the South County Justice Center; Phase I, the adoption petition alone, where the non-custodial parent's written consent (form AD2A_2B), the parent's death certificate or the order terminating the parent's rights is filed with the petition, and Phase II, where a petition to Declare Free From Parental Custody and Control is filed with the adoption petition and given a court date at filing; the case assigned to a Court Investigator only after the mandatory local questionnaire, the verification documents, the stepparent's Live Scan fingerprinting (the forms from the Self-Help Resource Center, a copy of the completed form to Family Court Services or the SCJC front counter) and the references are received, an investigation by a private therapist not assigned to the court; interviews at the Family Court Services offices with the custodial parent, the adoptive stepparent and the children, a report and recommendation mailed, and the petitioner then placing the adoption on calendar, after the 60-day appeal period where parental rights were terminated; any investigation fee ordered paid at the hearing, separate from the filing fee; a call after 30 days returned within 48 hours; the children not required at the termination hearing unless ordered but present at the adoption hearing, children age 7 and older interviewed and children 12 and older consenting in open court; and a child who turns 18 during the investigation not adoptable as a stepchild.
Rules 1059 to 1063: fees, commissions and compensation to fiduciaries and their attorneys determined as just and reasonable on a properly captioned petition explaining the calculation and listing the dates, nature, hours, person and hourly rate of each service, noncomplying requests continued one time for at least two weeks, paralegal compensation only with prior court approval, no fees or commissions paid before an authorizing order, statutory fees allowed in proportion to the work completed with the last 25 per cent usually after the final accounting, the factors for extraordinary fees, petitions for extraordinary fees over 25 percent of statutory fees mailed to those entitled to notice, and conservator, guardian and attorney compensation only with court approval on a statement of the amount requested (1059); blocked accounts encouraged, bonds in conservatorships and guardianships waived only in the cases listed, the depository's receipt and agreement filed before letters issue, and bonds reduced, assets released and bonds increased on ex parte petitions (1060); an Increased Bid in Open Court form (Appendix 7) completed and signed on a successful overbid, no real estate commission to a purchaser, personal representative or fiduciary who is a licensed broker or salesperson without good cause, and broker compensation disputes heard separately after a face-to-face meet and confer (1061); a personal representative's or attorney's creditor's claim approved on a noticed petition served at least 15 days before the hearing, except funeral and last illness expenses not exceeding $5,000.00, claims less than $1,000.00 and the other cases listed (1062); and adoption hearings set by the calendar clerk in Room 201 of the Visalia Division or the civil clerk at the South County Justice Center only after the Family Code section 8604 consents are filed or consent is judicially dispensed with, stepparent adoption investigations and reports by Family Court Services, other investigations by the Adoptions Division of the Tulare County Health and Human Services Agency, the section 8610 accounting report, the consent of a child twelve years of age or older, the section 8612(b) acknowledgment and the proposed adoption decree lodged before a hearing is set (1063)
Rules 1114 to 1125: ex parte restraining orders under section 213.5, heard with the regular dependency hearings (1115); each parent's Notification of Mailing Address (JV-140) executed before the initial or detention hearing and filed again to change it (1116); a pre-hearing challenge to a petition's sufficiency akin to a demurrer, made as early as possible (1117); offers of proof, the witness still testifying unless all parties stipulate, and hearsay objections to the social worker's report in writing at least two court days before the hearing, or one day before where the report is filed less than five court days before (1118); modifications to a more restrictive placement under section 387 and to a less restrictive placement under section 388, new service plan requirements submitted to the parents for approval, and notice of a change in placement at least five court days before, 10 court days before a move from one county to another, and within 48 hours in an emergency (1119); court-appointed dependency attorneys with eight hours of training or six months' experience, eight hours of continuing education every three years and an annual Certificate of Competency (Appendix 3), a child's attorney contacting the client before each hearing and interviewing children four years of age or older in person, and complaints about appointed counsel first to the attorney's supervisor, then in writing to the court, reviewed within 10 days (1120); contract counsel for dependent children (1121); family and juvenile court management of child abuse cases, repeated from rule 929 (1122); the exchange of information among the staff of Family Court Services, the Juvenile Probation Department, and Child Welfare Services (1123); the exchange of information among CWS, service providers and schools in dependency cases, a protective order sought on objection (1124); and the Domestic Violence Coordination Rules - the clerk checking the case management system and CCPOR, criminal orders having priority, coexisting orders providing for the safe exchange of the children, and a file-endorsed copy conveyed within 24 hours to the Tulare County Sheriff's Department for CLETS (1125)
Rules 920 to 938: custody evaluations under rule 5.220, the parties nominating three qualified professionals and the court choosing, and complaints about an evaluator in writing to the Supervising Family Law Judge, a response within seven (7) days (920); custody agreements and orders carrying the move notice language - notice to the other parent by mail, return receipt requested, to the extent feasible at least 45 days before a change of residence for more than thirty (30) days (921); a mandatory settlement conference before trial, a Settlement Conference Statement submitted and served at least ten days before, marked "Received" and not filed, listing community and separate property with values, support data with form FL-157, appraisals of real property and pensions, a furniture inventory, Kelly Blue Book vehicle values and community obligations (922); dismissals without prejudice under the delay reduction statutes (923); default mailing envelopes bearing the superior court clerk's return address (924); the advisement language for a marital settlement agreement where only one party has counsel (926); early disposition conferences on a date agreed and requested of the courtroom clerk (927); child support orders with form FL-192 and the child-care and health-care cost language, below-guideline stipulations reciting Family Code section 4065(a) with the guideline calculation, and Form FS01 attached to orders enforced by TCDCSS (928); family and juvenile court management of child abuse cases - reports under Penal Code section 11166, CWS investigation immediately or within 10 days, section 329 applications on Appendix 4 or form JV-212, family court custody proceedings suspended on a section 300 petition, review within 30 days under section 331, and counsel for the children under Family Code section 3150 (929); the Family Law Facilitator's services and offices in Room 203 of the Visalia courthouse and at the Self Help Resource Center of the South County Justice Center, (559) 737-5500 (930); the Domestic Violence Coordination Rules - a database search under Family Code section 6306 before a judge reviews a request, criminal protective orders having priority, coexisting orders specifying the safe exchange of the children, and a file-endorsed copy conveyed within 24 hours to the Tulare County Sheriff's Department for CLETS (931); minor's counsel appointed by rotation from the court's list (form FL-322), and complaints in writing filed, served and delivered to the courtroom clerk for the Presiding Family Law Judge, a response within 30 days (932); an elisor appointed by a Request for Order with a declaration listing the exact documents, copies filed with it, and "The Clerk of the Court or Clerk's Designee" designated as elisor (933); initial family law pleadings filed at the Visalia Courthouse or the South County Justice Center, Hague Convention petitions in the Visalia Division, and venue transferred by stipulation, Request for Order or the court's motion (934); supervised visitation providers' declarations (FL-324(P), FAM-013) and reports copied to the Director of Family Court Services (935); domestic violence restraining order petitions submitted electronically during and after normal business hours, the clerk's office at (559) 730-5000, option 4, responding within one business day (936); remote appearance by a party or witness at all hearings on a petition for a domestic violence restraining order under Family Code section 6308, remote appearances in other non-evidentiary family law hearings without a Notice of Remote Appearance (RA-010), and assistance at (559) 738-2330 (937); and evidentiary hearings - witness lists and exhibit lists, or exhibits uploaded and served through the Omnigo Digital Portal, filed and served at least 10 calendar days before, exhibits not filed with the Clerk's Office, recordings brought on a storage device with a device to play them, and certified transcriptions of sound recordings (938)
In any legal action in which custody or visitation of the children is contested, the parties ordered to participate in Child Custody Recommending Counseling (CCRC); all parents, in county and out of county residents alike, completing the online orientation session before their hearing date for custody issues and filling out the worksheet before the court date; on the hearing date the parents ordered to meet with a counselor that morning - the "Assessment", in the courthouse with both parents, their attorneys and the counselor, lasting between 30 minutes and 1 and 1/2 hours - the recommending counselor then reporting the results to the judge; parents who cannot agree possibly ordered to a Family Court Services Evaluation, at a time and place the counselor designates and without attorneys, its results heard at another court date about one month after the Assessment; a review of a parenting plan normally within six months of the assessment or evaluation; investigations at the parents' expense in accordance with their ability to pay; a parenting class offered through Family Court Services at no cost; and, where there is a history of domestic violence, special procedures such as a support person in the assessment or a separate assessment.
A temporary guardianship applied for only with a permanent guardianship case open with the Court or applied for at the same time, its hearing set approximately 30 days from the date of filing; emergency temporary custody orders (TCO) requested by filing an ex parte order for temporary custody, typically reviewed by the judge within three to five business days; filing fees paid on the first documents that open a case, and a court investigation fee of $380.00 for relative guardianships and $300.00 for non-relative guardianships; a waiver of the filing and investigation fees sought on forms FW-001 and FW-003 and FW-002 and FW-004, each proposed guardian preparing a separate set, a waiver good for a six month period; both biological parents and any other interested parties served with the guardianship paperwork; and guardianship form packets for purchase at the Family Court Services Clerk's office (800 11th Street, Room 221, Modesto; open 8:00 a.m. to 12:00 p.m.), with help completing the paperwork from a Self-Help clerk (800 11th Street, Second Floor, Room 220).
Rules 8.00 to 8.41: decedent's estate and trust matters heard Tuesday through Thursday at 8:30 a.m., conservatorship and guardianship matters Tuesday and Thursday at 8:30 a.m. and LPS conservatorship matters Tuesday and Thursday at 9:30 a.m., calendared upon filing by the Civil Unit or the Family Court Services Unit, early settings only for good cause, and the Clerk of the Probate Court at 801 10th Street, Fourth Floor (mail: P.O. Box 3488) (8.00); the rules' application to estates, guardianships, adoptions, conservatorships and trusts (8.01); papers necessary for a hearing filed at least five (5) court days before it, a late filing fee of $25 per document possible (8.02); papers conforming to CRCs 2.100 and 3.1110, and electronically filed Letters bearing the appointee's electronic signature (8.03); the Probate Examiner's notes on the Court's website and questions e-mailed to Probate.Examiner@stanct.org (8.04); the hearing date below the case number on every document filed in a matter set for hearing (8.05); probate law and motion heard Tuesday through Friday at 8:30 a.m. on a date reserved with the probate clerks at (209) 530-2010, moving documents filed within five (5) court days of the reservation, tentative rulings after 1:30 p.m. the court day before, and hearings requested by phone or by e-mail to civil.tentatives@stanct.org before 4:00 p.m. with notice to the opposing party (8.06); a guardian ad litem considered where an heir is a minor or an unborn person or an adult alleged to lack capacity - the petition's contents and what a guardian ad litem may not do without prior court approval (8.07); hybrid probate and civil pleadings, and quiet title actions filed in the Civil Court (8.08); a noticed probate matter not advanced (8.11); notice of a petition to administer an estate published under Prob. Code § 8120 and CRC 7.54, defects requiring republication (8.12); the notice requirements confirmed for every petition (8.13); the persons entitled to notice - heirs, beneficiaries, trustees, non-petitioning executors and the California Attorney General - a declaration of search efforts for an unknown address, and counsel doing the mailing the Probate Code assigns to the clerk (8.14); notice to foreign consuls (8.16); notice to the Director of Health Services, a proof of service or declaration filed in all decedent's estate matters (8.17); a named executor's written declination filed (8.18); wills proven by declaration filed at least five (5) Court days before the hearing, and self-proving wills (8.23); typewritten copies of holographic wills and certified translations (8.24); petitions naming all persons in the will and codicils, trustees and beneficiaries, contingent beneficiaries, revoked devisees and the personal representative's street address (8.26); a minimum bond of $20,000 (8.33); ex parte requests - those handled without appearance, others reviewed by the Probate Examiner with a ruling or hearing date within 72 hours, law and motion ex parte matters approved and scheduled by the assigned judge through the courtroom clerk before filing, five (5) days' notice on ex parte conservatorship or guardianship petitions assigned a hearing date, a Declaration of Due Diligence to waive or shorten notice, papers submitted by 2:00 p.m. the afternoon before the hearing, verified petitions and separate complete orders (8.35); no oral testimony on a verified petition (8.36); contested matters - a face-to-face meeting before the hearing, matters submitted on the pleadings heard at the end of the calendar, long-cause hearings of two (2) hours or less on a date certain (8.37); and orders prepared by counsel, delivered to the Probate Unit at least five (5) Court days before the hearing, complete in themselves, filed immediately after signing on pain of being null and void, and an inventory review hearing six (6) months after the appointment of a personal representative (8.41).
A child custody evaluation - full or partial - by a Family Court Services Investigator the court appoints, the parties having ten business days from the order to complete and submit the Child Custody questionnaire to Family Court Services (1215 Truxtun Ave., Room 301); from January 1, 2025, a fee of $450 paid by all petitioners at the time of filing a petition for freedom from parental custody and control and $350 at the time of filing a stepparent adoption petition, a fee waiver on financial hardship; the investigations of freedom from parental custody and control, stepparent adoptions and requests of minors to marry, each with its questionnaire; minor interviews the Court orders - arrival 10-15 minutes early and a 15 minute grace period; and a subpoena of an FCS Investigator (form SUBP-001) served on the FCS Management Team at least 10 calendar days before the hearing, after confirming the investigator's availability, with a receipt of the witness fees of $275 paid in full with the Family Law Department or evidence of a court approved fee waiver (court appointed counsel excepted), notice of a continuance or an off-calendar hearing at the earliest opportunity, a continued date confirmed by email without a new subpoena, and a refund of any unused deposit on a written request after the trial.
From July 1, 2025 Family Court Services not to interview minors during mediation appointments - children not to be brought to mediation; the required forms (the Mediation Informed Consent and Questionnaire, and its Spanish version) submitted by email to FCS@kern.courts.ca.gov with the case number in the subject line to expedite the appointment; parties appearing remotely to call at least one business day in advance to (661) 610-6700, parties attending in person not needing to confirm; both parents to complete the Children First Online Program before attending their mediation session, a failure possibly delaying the mediation process; mediation mandatory when there is a child custody dispute and confidential, the mediator informing the court only when a parent does not appear, the parents cannot reach an agreement, or the mediator recommends that Minors Counsel be appointed or a child custody investigation; separate mediation on allegations of domestic violence or a restraining order, an alleged victim allowed a support person; an agreement drafted by the mediator sent to the judicial officer to become a court order, no recommendation on custody and visitation when no agreement is reached; and minor interviews the Court orders at Family Court Services, 1215 Truxtun Ave., Room 301 - arrival 10-15 minutes before the session, a 15 minute grace period after which the session is canceled and the Court notified, each child interviewed individually.
From January 1, 2025, $600 paid at the time of filing petitions of relative guardianship and petitions to terminate guardianship, and a fee of $600 at the time of filing Temporary Conservatorship Petitions, Conservatorship Petitions, Termination of Conservatorship Petitions, and/or Court Ordered Investigations, Biennial Reviews of Conservatorship requiring a fee of $300 due after the investigation report has been submitted, a fee waiver on financial hardship; Family Court Services appointed to investigate proposed relative guardians (Probate Code § 1513(a)), background checks since January 2, 2020 for all petitioners and other adults residing in the home, and a guardianship questionnaire completed and submitted to Family Court Services, by email if the petitioner chooses; a Court Investigator for limited and general conservatorships of the person and the estate, LPS conservatorships not covered; and a subpoena of an FCS Investigator served on the FCS Management Team at least 10 calendar days before the hearing, with a receipt of the witness fees of $275.
Chapter IX, Rules 9.1 to 9.6: a protocol adopted in conformity with California Rules of Court, rule 5.445 and Penal Code section 136.2 for criminal protective orders and custody and visitation orders (Heading); reasonable efforts to determine overlapping cases (9.1); the civil courts' inquiry and data base review before issuing custody or visitation orders, Family Court Services, orders issued subject to a CPO, and the transmittal of restraining orders (9.2 to 9.2.5); the criminal courts' inquiry, data base review, contact for court-ordered visitation and transmittal of CPOs (9.3 to 9.3.4); the restrained person's procedure to request modification of the CPO (9.4 to 9.4.2); a civil court order coexisting with a CPO under Penal Code Section 136.2(f)(1) and (2) (9.5); and motions to modify or terminate protective orders and their entry in CLETS (9.6).
Chapter VI, Rules 6.10 to 6.22: the UCCJEA declaration, and mediation at Family Court Services before a hearing on a disputed issue of custody or visitation - private and confidential, no audio or visual recording device, only the parent or the parties named in the action present, and no recommendation to the court when mediation does not result in an agreement (6.10); custody investigations by Family Court Services and their confidential written reports (6.11); the Office of the Family Law Facilitator (6.12); form FL-191 with an order for child or family support (6.13); counsel for minor children - qualifications under rule 5.242, termination of appointment and the complaint procedure (6.14 to 6.14.3); collaborative law cases (6.15 to 6.15.3); a meet and confer conference before a hearing on the IV-D calendar (6.16.1); elisor signatures by the Clerk of the Court under Family Code section 1101 (6.17); temporary spousal support under the Santa Clara Guidelines (6.18); specialized filings (6.19); reports and declarations from supervised visitation providers (6.20); the family law case management plan for complex matters (6.21); and Live Scan for an investigation that includes criminal history (6.22).
Chapter VIII, Rules 8.10 to 8.19: guardianships - the notice required by Probate Code section 1511, temporary guardians, guardianship questionnaires, investigations and investigation fees, CLETS reports, notice of a change of address within thirty (30) days, assessments, resignation and the guardian's duties (8.10 to 8.10.8); conservatorships - the citation, appointment and investigation, appointed attorneys, notice of a change of address within thirty (30) days, assessments and resignation (8.11 to 8.11.5); law and motion and discovery in probate (8.12 to 8.12.1); withdrawal of attorneys of record by motion (8.13); consolidation with the lowest number (8.14); petitions under Estate of Heggstad (8.15); trustee compensation (8.16); a copy of the trust instrument filed or the original lodged (8.17); the witness fee for a Family Court Services investigator under Government Code section 68097.2 paid before serving the subpoena (8.18); and attorney fees for the trust (8.19).
Both parties to complete the FCS Orientation (English or Spanish) before their scheduled FCS appointment unless excused (California Rule of Court 5.210(e)(2)), again if it was not completed as ordered or more than 6 months have passed; after the readiness hearing, each party to email FresnoFCS@fresno.courts.ca.gov with the name, case number and next court date, FCS to respond within 24 hours and to email the appointment once both parties have requested it; attendance in person at the FCS office, by Zoom only for a parent beyond a 150-mile radius from the B.F. Sisk Fresno Superior Court building, a child residing primarily outside California, a court order or good cause; rescheduling only with the consent of both parties; a 15-minute grace period; cancellation by both parties; an FCS Intake Form at each appointment; no children at Tier 1 - Confidential Mediation, children 5 and older brought to Tier 2 and CCRC appointments, and no childcare at the Sisk Courthouse - a neutral adult to supervise the children; separate sessions on a written declaration where there has been domestic violence (Family Code §3183(b)), a support person under Family Code §6303; no court interpreters - sessions in English or Spanish only, a neutral adult interpreter; the parental agreement emailed by end of business on the Monday following the appointment and the CCRC recommended custody plan two court days before the hearing; and a subpoena of an FCS counselor personally served on the FCS Clerks at least ten (10) calendar days before the hearing, with a receipt showing the $275.00 witness fees paid at the Family Law Clerk's office.
Chapter 5, Rules 5.5 to 5.8 (Mediation and Child Custody Recommending Counseling, Family Centered Case Management, Settlement Conferences, and Matters Set for Trial or Evidentiary Hearing): the services of Family Court Services (FCS) - confidential mediation (Tier I) made available in all cases in which child custody is at issue, without charge, at-court CCRC sessions to which children five years of age or older must be brought, a Tier II summary report without recommendations, Tier III CCRC sessions with a report and recommendation available two (2) court days before the court hearing, and Family Code § 3111 custody evaluations only when all other services have been insufficient (5.5.1 to 5.5.2); both parties to complete the online orientation before their Tier 1 - Confidential Mediation appointment, presented in the Family Court Services lobby on Fridays for any party without access to the Internet (5.5.3); a request for remote participation by Zoom at least three (3) calendar days before the FCS appointment, for a parent who resides beyond a 150-mile radius from the B.F. Sisk Fresno Superior Court building, a child who resides primarily outside the State of California, a court order or good cause, under the rules for Zoom participation, a request to reschedule sent to FresnoFCS@fresno.courts.ca.gov, and cancellation by both parties (5.5.4); the mediator who cannot testify about confidential Tier I mediation, the official information privilege belongs to the Court, and a CCRC counselor subpoenaed by personal service on FCS at least ten (10) calendar days before the hearing with a check of $275.00 as a deposit (5.5.5); no contact with the Mediator or CCRC counselor before or after the appointment, and a request for a new mediator only for a conflict of interest, no later than five (5) calendar days from the order (5.5.6); children five (5) and older brought to court only for an at-court recommending counselor session (5.5.7); one peremptory challenge to a Child Custody Evaluator, withdrawal and complaints through Family Court Services, faxed letters not accepted (5.5.10); an initial Status Conference hearing approximately one hundred and twenty (120) days from the date of filing the first paper, in the department of the Presiding Judge of the Family Law Division, follow-up Status Conferences, and Family Centered Case Resolution, a conference requested on form TFL-15, and attendance at the Status Conference mandatory (5.6 to 5.6.6); Settlement Conference Statements filed and served at least ten (10) calendar days before the conference, with an Income and Expense Declaration when support or attorney's fees are requested, and the minimum information for dissolution or legal separation, Uniform Parentage Actions and section 217 evidentiary hearings (5.7); and a family law case assigned to one judicial officer for all purposes to the extent possible, trials set in the department of origin unless the time estimate exceeds that available, all parties to regard the time estimate as certain, stipulated and disputed facts, a detailed list of each exhibit, a witness list and a trial brief filed and exchanged at least ten (10) calendar days before trial, and motions in limine in writing (5.8).
Chapter 5, Rules 5.9 to 5.12 (Adoptions, Parental Rights, Arbitration, and the Family Law Facilitator): stepparent and domestic partner adoptions filed with the Family Law Examiner's Office, an investigation by Family Court Services, the following documents forwarded no later than fifteen (15) calendar days from notification, and the adoption calendared after the report is filed (5.9.1); independent adoptions, the State Department of Social Services conducting the investigation (5.9.2); agency adoptions with the report or findings of the licensed adoption agency (5.9.3); a resident who adopts a child through intercounty adoption finalized in a foreign country may readopt the child in this county (5.9.4); adoptions of adults on a Petition for Approval of Adoption Agreement, with the consent of the spouse (5.9.5); the petition to terminate parental rights of the father and the petition for Declaration of Freedom from Parental Custody and Control, with an investigation by Family Court Services (5.10 to 5.10.2); arbitration, the parties with the consent of the arbitrator may stipulate to one (1) continuance, not to exceed thirty (30) calendar days (5.11); and an office of the family law facilitator under Family Code § 10000 et seq. (5.12).
Chapter 6, Rules 6.5 to 6.7 (Dependency Motions and Orders, Coordination of Court Proceedings, Medical Matters): a motion to challenge the legal sufficiency of the petition made as early in the proceedings as possible (6.5.1); ex parte applications to calendar hearings on the Ex Parte Application to Calendar and Order form, with seven (7) calendar days written notice of the hearing date or the other parties' consent (6.5.2 to 6.5.3); routine ex parte applications for out-of-state travel or medical/dental care filed no less than fifteen (15) calendar days before (6.5.4); non-routine ex parte applications heard at 8:30 a.m., the applicant to advise the judicial officer by 3:00 p.m. and give notice to all counsel by 4:00 p.m. on the day before, on the Declaration Re Notice of Ex Parte Application form (6.5.5); noticed motions with ten (10) calendar days written notice (6.5.6); a motion for more or less restrictive placement (6.5.7 to 6.5.8); a “388” consent calendar on a designated day of each week with at least five (5) court days' advance notice (6.5.9); visitation as frequent as possible, with the definitions of supervised, reasonable, liberal and extended visits (6.5.10); the care provider may authorize travel within California, out of state only with prior court approval (6.5.11); an application to DSS to file a petition under Welfare & Institutions Code § 329, DSS to respond within three (3) weeks (6.5.12); the party requesting a rehearing to serve a copy on the referee within one (1) judicial day (6.5.13); the court to identify and coordinate custody proceedings involving the same minor, the parties to inform the Court of protective, custody and visitation orders, and criminal protective orders to take precedence (6.6.1); family law and probate custody and visitation proceedings suspended for eighteen (18) calendar days after a report of suspected child abuse or neglect, and on a Welfare & Institutions Code § 300 petition (6.6.4); medical consent by DSS or the Probation Department, emergency medical consent twenty-four (24) hours a day (6.7.1); and court authorization for psychotropic medication on the JV-220 Application, an opposition within two (2) court days after notice, and an order to expire no later than six (6) months from date of issuance (6.7.2 to 6.7.3).
The Orientation program completed prior to attending Child Custody Recommending Counseling (CCRC) - 45 minutes, the video "Orientation to Family Court Mediation and Child Custody Recommended Counseling" - and the Child Custody Recommending Counseling Questionnaire completed and returned to the clerk's office for processing prior to the CCRC session, by email to superiorcourt@sierracourt.org, by mail to PO Box 476, Downieville, CA 95936 or in person at 100 Courthouse Square, Downieville, CA 95936 (counter hours 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m.).
Parents who cannot reach an agreement first meeting with a Child Custody Recommending Counselor (CCRC); the online CCRC orientation required; the date and time for child custody recommending counseling set by the court, a questionnaire filled out and turned in prior to the CCRC appointment; a separate meeting requested at the Clerk's Office or from the Recommending Counselor; an agreement written up by the Recommending Counselor and signed by the judge at the court date, a report with recommendations if the parents do not agree; complaints under California Rules of Court 5.210 on the complaint form, a Meet and Confer Session on request; CCRC files kept for two years from the last CCRC session; separate sessions and a support person in cases involving domestic violence (Family Code Section 3181); children brought only by Court Order or at the counselor's request, the courthouse providing no childcare; attorneys in the session if both parents agree, an "Attorney Conference" at the request of counsel; telephonic counseling in some Court-ordered cases where geographical distance makes a party's appearance a hardship; a copy of the mediated agreement/court order given after the hearing to a party who waits in the hallway; no letters or phone calls to the counselor, questions answered with self-addressed stamped envelopes for both parents.
The court's Family Court Services orientation packet and intake form for Child Custody Recommending Counseling (CCRC): a referral to CCRC required by law when parents do not agree about child custody and/or visitation; joint CCRC with both parties together in an ordinary office setting, attorneys not taking part; letters of reference, police reports, school records and other important information submitted to the Child Custody Recommending Counselor before the session, with a copy provided to the other party; CCRC suspended and a referral made to Child Protective Services on a reasonable suspicion of child abuse or neglect; a signed agreement delivered to the Judge, who makes a court order based on it, and on impasse a memorandum to the Court recommending that a court hearing be set; for a victim of domestic violence (California Family Law Code Section 6200-6219) or where a restraining order is in effect, a separate CCRC session on request, or a support person pre-approved by the counselor for moral support only, questions to the Child Custody Recommending Counselor at (530) 233-4275; the intake form, for a party ordered by the Court to participate in mediation, returned within five (5) days of its receipt to the Child Custody Recommending Counselor, Modoc County Superior Court, 205 S. East Street, Alturas, the mediation appointment not scheduled until all intake forms are received; and the stipulation under sec 216(a), California Family Code, that the counselor may have ex parte communication between attorneys for any party and the Court, with the parent's affirmation of having read the orientation packet and its Notice to Victims of Domestic Violence
Mediation (child custody recommending counseling) mandatory under Family Code § 3170 before the court hearing on a dispute over child custody and visitation - an agreement drafted and delivered to both parents to sign before the judge's review and approval, or a recommendation prepared by the Mediator/Child Custody Recommending Counselor for the judge, who makes the final decision; for referral, item 2 of the FL-300 Request for Order filled out, the packet filed and the other party served, then the court contacted to schedule mediation with a copy of the Proof of Service; a Mediation Intake Packet submitted and the online orientation completed by both parents before the appointment, the appointment canceled if both parties have not confirmed their attendance two court days before it; separate sessions or a support person (not a significant other) where domestic violence is an issue; sessions of approximately 1 ½ to 2 ½ hours, children brought only if asked; a 15-minutes grace period, the judge notified in writing of a cancellation, no-show or late arrival; a recommending court, the recommendation going to both parents; no ex parte communication with the Mediator, any communication to the Mediator given to the other parent with a Family Court Services Proof of Service; Family Court Services at (530) 251-8205 if no appointment has been scheduled.
Every party attending mediation completing the Online Mediation Orientation, about 45 minutes on what to expect in mediation and the Child Custody Recommending Counseling process - the video California Child Custody Mediation: Focus on the Child's Needs, watched in its entirety, and the Family Court Services Information Presentation, reviewed in its entirety (a download if it will not display) - and a Certificate of Completion for each filled out and submitted to the court for filing.
Chapter 13 (Rules 13.01 to 13.10): pleadings on the appropriate Judicial Council form where mandated, and documents other than the initial petition and orders to show cause accompanied by a proof of service under Code of Civil Procedure §1013(a) (13.01); the law & motion calendar for Family Law cases held weekly, at 10:00 a.m. each Monday, hearings limited to fifteen minutes, a matter set on the next available trial or long-cause calendar on a sufficient offer of proof or a request for live testimony filed at least twenty-four hours before the hearing (13.02(A)); a “Declaration Re Ex Parte Notice” with Family Code ex parte applications, and orders issued ex parte only on a declaration adequate under Family Code Section 6300 and Code of Civil Procedure Section 527 (13.02(B)); moving and responsive papers served under Code of Civil Procedure §1005 (including on the designated child support agency) and responses served and filed under §1005(b), and alternative relief that a responding party may request in the responsive pleadings (Family Code §213) (13.02(C) to 13.02(D)); counsel and the parties to meet and confer in good faith and exchange documentary evidence prior to any hearing, all stipulations in writing (13.02(E)); a continuance of the initial date for any hearing granted by the Clerk by telephone when the moving party represents that service has been made and the parties agree, the request made before 4:00 PM at least two (2) court days before the hearing, and the requesting party to send a confirming letter (13.02(F)); a moving party's matter dropped to the bottom of the calendar or ordered off calendar on non-appearance, and attorneys to bring their calendars to each hearing (13.02(G)); declarations received in evidence, offers of proof at the Court's discretion and live witnesses under Rule 3.1306 (13.02(H)); orders after hearing prepared under Local Rule 3.07 and sent to the opposing party, the Court Mediator and the support agency where involved, support stipulations on Judicial Council forms (13.02(I)); informal discovery encouraged (13.03); a current Income and Expense Declaration whenever a financial matter is at issue (a new one if filed more than sixty (60) days before the hearing), with W-2's or 1099 forms, the last two (2) pay stubs and, if self-employed, a profit and loss statement, and tax returns filed only with a separate declaration marked “CONFIDENTIAL TAX RETURN” (13.04); court-ordered mediation required prior to a contested hearing on custody or visitation, separate sessions on request where there is a history of domestic violence or a protective order, attorneys not to attend the mediation sessions, children not brought to mediation sessions, the Court Mediator not to provide interpreters, no ex parte application on custody or visitation without first notifying the Mediator, no peremptory challenges of the Mediator, and Family Code §3111 evaluations paid before they begin (13.05); orders resolving custody and visitation obtained before other issues are set for trial, signed custody agreements filed not less than three (3) court days before the hearing, a statement of issues filed at least twenty (20) days prior to trial or ten (10) days prior to the settlement conference, the parties to exchange copies of exhibits at least five (5) days prior to trial, and a motion for an alternate valuation date not less than thirty (30) calendar days before trial (13.06); default judgments on a request to enter default with the original summons and proof of service, the moving party to state on the declaration for default the date of separation, the custodial arrangement and the child support sought, attorney's fees greater than $750.00 supported by a declaration, marital status to terminate no less than six (6) months and one (1) day from the date the Court acquired jurisdiction over the respondent, and the form “Notice of Entry of Judgment” with two envelopes (13.07); no property settlement agreement approved unless all of the following requirements are satisfied, proofs of service of the disclosure declarations required by Family Code §2105 filed among them (13.08); the Clerk to submit requests for default or uncontested judgments to the judicial officer, and status-only judgments on an ex parte application for bifurcation (13.09); and the Family Law Facilitator appointed under Family Code §10000, et seq., its services at no cost (13.10).
Parents who cannot reach an agreement must first meet with a professional mediator before their hearing - the mediation mandatory, the case not heard in the court until mediation is completed, the parent responsible for contacting one of the court-approved mediators on the list provided on the page and arranging mediation prior to the court date (its date and time arranged with the mediator); the county a non-recommending one - the court mediators make no custody recommendations to the court, a mediator merely checking a box that there is no agreement and the parties arguing before the judge at the hearing; what is discussed in mediation confidential and not shared with the court; children, friends, relatives, spouses and significant others not brought to the mediation (the parents may have a silent support person with them in session); children not brought to court unless a judge or a commissioner specifically says so, a child's wish to speak with the judge explained in the court paperwork; a parent whose co-parent does not attend the mediation appointment keeping the court date; the Judicial Council's video recommended before the mediation.
Chapter 8 (Rules 8.1 to 8.3): the rule applies to all family law cases involving a dispute regarding child custody and/or visitation (excluding District Attorney actions), the rule and the name and telephone number of the Family Court Services Coordinator (FCSC) provided by the clerk to a petitioner upon any filing, the petitioner to serve the same on the responding party, and the clerk not to schedule a court date until the requirements of Section B have been met (8.1(A)); the parties to contact the Family Court Services Coordinator to set up an appointment to attend a mediation orientation session (a pre-mediation video), both parties to attend (separately if they wish) unless the court has specifically ordered otherwise, the parties given a form verifying attendance and a list of approved court mediators after the session, the form given to their attorneys for filing, or parties without attorneys to bring the form to the next court appearance and deliver it to the court clerk, the parties directed to agree on a mediator - the court can only pay for mediation provided by a mediator on its list of approved court mediators, the FCSC to select a mediator at random if the parties cannot agree, each party with one peremptory challenge - the mediation session held in private, the parties' responsibility to schedule and attend the mediation prior to the date of any child custody and/or visitation hearing, the FCSC to verify attendance and notify the clerk to schedule a hearing date, sanctions under §575.2 of the Code of Civil Procedure for failure to attend, and the parties to file a stipulation if all issues are resolved (8.1(B)); separate mediation sessions where there is a history of domestic violence or a protective order is in effect, at the request of the party who alleges domestic violence or who is protected by the order, the mediator to meet with the parties individually and at separate times, and a support person may accompany a party protected by a restraining order in a joint session (8.1(C)); a custody and visitation investigation or evaluation under California Rule of Court 5.220, the investigator or evaluator stipulated or appointed by the court (not subject to peremptory challenge), an initial deposit of the estimated costs, not less than $1,500, made before the evaluation, the evaluator's report provided to the court and attorneys not less than ten (10) days before any related hearing and kept in a confidential envelope, and grievances presented in writing to the Presiding Judge within ten (10) days of receipt of the report (8.1(D)); an income and expense declaration and a property declaration filed by each party prior to every default hearing and every contested hearing under the Family Code, such statements to show conditions no earlier than three (3) weeks prior to the hearing, filed no later than the court day prior to the hearing (8.2); and no matter under the Family Code heard until counsel and their clients, or parties in pro per, have met and conferred in a good faith effort to resolve all issues and exchanged documents, non-compliance may result in the matter being dropped from the calendar or continued, the rejection of documents not exchanged or other appropriate sanctions (8.3).
Administrative Order 18-002, signed by Honorable Michael B. Harper, Presiding Judge of the Superior Court: on the findings that disclosure of DPSS records will be in the best interest of the children subject to the investigation (Fam. Code, §3011) and that the information in its files and records is necessary and relevant to a child custody and visitation proceeding, the Juvenile Court and the Family Law Court ordering DPSS to release its records, irrespective of whether a petition has been filed (Welf. & Inst. Code §§827, subd. (a)(1)(L), 827.10), to the Judge, Commissioner, or other hearing officer assigned to the family law case, the family Court mediator/child recommending counselor assigned to the case, a Court-appointed investigator or evaluator conducting a Fam. Code §3111 or §3118 custody evaluation, investigation, or assessment, and counsel appointed for the minor under Fam. Code §3150 - the Court clerk possibly requiring that counsel provide a certified copy of the Court order of appointment before inspecting the file; the records maintained solely in the confidential portion of the family law file, released or disclosed only as ordered by the family law Court (Welf. & Inst. Code, §827.10, subd. (d)); no disclosure of the identity of any person making a report of suspected child abuse or neglect (Pen. Code, §11167, subd. (d)).
Family Court Services’ orientation packet for Child Custody Recommending Counseling (CCRC): mediation scheduled by calling 530-623-1404; no appointment contact until BOTH PARENTS HAVE TURNED IN THEIR PACKETS COMPLETELY FILLED OUT, a completed packet submitted before mediation occurs; no children brought to the appointment, and no children or 3rd parties present during a phone mediation; audio and/or video taping during a CCRC session illegal and strictly prohibited, no one other than the parties present; a parent who does not respond to or reach the counselor referred back to the Court for re-referral; at least 2 hours allowed; TWO attempts to call for a phone appointment, no answer a no-show; the appointment held 10 minutes, then canceled, the parent explaining to the Court on the return court date; no contact with the counselor after the appointment unless the counselor reaches out - ex-parte communication strictly prohibited; reports provided by email, a paper copy on request at the courthouse in Weaverville; CCRC required by law when parents don’t agree about child custody and/or visitation, attorneys not taking part; letters of reference, police reports and other information submitted to the counselor before the session with a copy to the other party; CCRC suspended and a referral made to Child Protective Services on a reasonable suspicion of abuse or neglect; an agreement delivered signed to the Judge, an impasse reported by memorandum recommending a court hearing; a victim of domestic violence, or a party with a restraining order against the other, able to request a separate session or a pre-approved support person, on the attached form returned with the yellow intake forms.
Child Custody Recommending Counseling/Mediation in family law cases when separating or divorcing parents cannot agree on a shared plan for child custody, the counselor able to give a written recommendation to the parents and the court; Family Court Services contacted for an appointment as soon as notice to do so is received, at (530) 623-1404 (the office open a limited number of hours each week); some appointments completed by video conference or telephone call; a session of approximately 1 to 2 hours, an intake form and a release of information form filled out before it, the FCS Domestic Violence Procedures form submitted with them where it applies; the orientation Rule 5.210 of the California Rules of Court requires (the orientation video and packet) and the Positive Parenting Handbook; separate sessions upon request where domestic violence has occurred, or initiated by the mediator on an appearance of intimidation, an advocate possibly accompanying a victim; requests for testimony from the CCRC/Mediator/Court Investigator made under the court's notice.