California

Family Law

Rule 5.2 – Division title; definitions; application of rules and laws
Rule 5.4 – Preemption; local rules and forms
Rule 5.5 – Division title [Repealed]
Rule 5.7 – Use of forms
Rule 5.9 – Appearance by telephone
Rule 5.10 – Definitions and use of terms [Repealed]
Rule 5.12 – Request for order regarding discovery
Rule 5.14 – Sanctions for violations of rules of court in family law cases
Rule 5.15 – Extensions of time [Repealed]
Rule 5.16 – Designation of parties
Rule 5.17 – Other causes of action
Rule 5.18 – Injunctive relief and reservation of jurisdiction
Rule 5.20 – Application of rules [Repealed]
Rule 5.21 – General law applicable [Repealed]
Rule 5.22 – Other proceedings [Repealed]
Rule 5.24 – Joinder of persons claiming interest
Rule 5.25 – Status of family law and domestic violence forms [Repealed]
Rule 5.26 – Use of forms in nonfamily law proceedings [Repealed]
Rule 5.27 – Use of interstate forms [Repealed]
Rule 5.28 – Domestic partnerships [Repealed]
Rule 5.29 – Joinder of employee pension benefit plan
Rule 5.35 – Renumbered effective January 1, 2013
Rule 5.40 – Filing fees
Rule 5.41 – Waiver of fees and costs
Rule 5.43 – Fee waiver denials; voided actions; dismissal
Rule 5.45 – Repayment of waived court fees and costs in family law support actions
Rule 5.46 – Waiver of fees and costs-Supreme Court or Court of Appeal
Rule 5.50 – Papers issued by the court
Rule 5.52 – Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
Rule 5.60 – Petition or complaint; alternative relief
Rule 5.62 – Appearance by respondent or defendant
Rule 5.63 – Motion to quash proceeding or responsive relief
Rule 5.66 – Proof of service
Rule 5.68 – Manner of service of summons and petition; response; jurisdiction
Rule 5.70 – Nondisclosure of attorney assistance in preparation of court documents [Repealed]
Rule 5.71 – Application to be relieved as counsel on completion of limited scope representation [Repealed]
Rule 5.72 – Court order for service by publication or posting when respondent’s address is unknown
Rule 5.74 – Pleadings and amended pleadings
Rule 5.76 – Domestic partnerships
Rule 5.77 – Summary dissolution
Rule 5.83 – Family Centered Case Resolution
Rule 5.90 – Format of papers
Rule 5.91 – Individual restraining order
Rule 5.92 – Request for court order; responsive declaration
Rule 5.93 – Renumbered effective January 1, 2013
Rule 5.94 – Order shortening time; other filing requirements; failure to serve request for order
Rule 5.95 – Request to reschedule hearing
Rule 5.96 – Place and manner of filing
Rule 5.97 – Time frames for transferring jurisdiction
Rule 5.98 – Meet-and-confer requirements; document exchange
Rule 5.100 – Designation of parties [Repealed]
Rule 5.102 – Parties to proceeding [Repealed]
Rule 5.104 – Other causes of action [Repealed]
Rule 5.106 – Injunctive relief and reservation of jurisdiction
Rule 5.108 – Pleadings [Repealed]
Rule 5.110 – Summons; restraining order [Repealed]
Rule 5.111 – Declarations supporting and responding to a request for court order
Rule 5.112 – Continuing jurisdiction [Repealed]
Rule 5.112.1 – Declaration page limitation; exemptions
Rule 5.113 – Live testimony
Rule 5.114 – Alternative relief [Repealed]
Rule 5.115 – Judicial notice
Rule 5.116 – Stipulation for judgment [Repealed]
Rule 5.118 – Application for court order [Repealed]
Rule 5.119 – Live testimony [Repealed]
Rule 5.120 – Appearance [Repealed]
Rule 5.121 – Motion to quash proceeding or responsive relief [Repealed]
Rule 5.122 – Default [Repealed]
Rule 5.123 – Reporting of hearing proceedings
Rule 5.124 – Request for default [Repealed]
Rule 5.125 – Preparation, service, and submission of order after hearing
Rule 5.126 – Alternate date of valuation [Repealed]
Rule 5.128 – Financial declaration [Repealed]
Rule 5.130 – Request for Special Immigrant Juvenile findings
Rule 5.134 – Notice of entry of judgment [Repealed]

Rule 5.136 – Completion of notice of entry of judgment [Repealed]
Rule 5.140 – Implied procedures [Repealed]
Rule 5.146 – Renumbered effective January 1, 2013
Rule 5.147 – Renumbered effective January 1, 2013
Rule 5.148 – Renumbered effective January 1, 2013
Rule 5.150 – Joinder of persons claiming interest [Repealed]
Rule 5.151 – Request for temporary emergency (ex parte) orders; application; required documents
Rule 5.152 – “Claimant” defined [Repealed]
Rule 5.154 – Persons who may seek joinder [Repealed]
Rule 5.156 – Form of joinder application [Repealed]
Rule 5.158 – Determination on joinder [Repealed]
Rule 5.160 – Pleading rules applicable [Repealed]
Rule 5.162 – Joinder of employee pension benefit plan [Repealed]
Rule 5.165 – Requirements for notice
Rule 5.167 – Service of application; temporary restraining orders
Rule 5.169 – Personal appearance at hearing for temporary emergency orders
Rule 5.170 – Matters not requiring notice to other parties
Rule 5.175 – Bifurcation of issues [Repealed]
Rule 5.180 – Renumbered effective January 1, 2013
Rule 5.210 – Court-connected child custody mediation
Rule 5.215 – Domestic violence protocol for Family Court Services
Rule 5.220 – Court-ordered child custody evaluations
Rule 5.225 – Appointment requirements for child custody evaluators
Rule 5.230 – Domestic violence training standards for court-appointed child custody investigators and evaluators
Rule 5.235 – Ex parte communication in child custody proceedings
Rule 5.240 – Appointment of counsel to represent a child in family law proceedings
Rule 5.241 – Compensation of counsel appointed to represent a child in a family law proceeding
Rule 5.242 – Qualifications, rights, and responsibilities of counsel appointed to represent a child in family law proceedings
Rule 5.250 – Children’s participation and testimony in family court proceedings
Rule 5.260 – General provisions regarding support cases
Rule 5.275 – Standards for computer software to assist in determining support
Rule 5.300 – Purpose, authority, and definitions
Rule 5.305 – Hearing of matters by a judge under Family Code sections 4251(a) and 4252(b)(7)
Rule 5.310 – Use of existing family law forms
Rule 5.311 – Implementation of new and revised governmental forms by local child support agencies
Rule 5.315 – Memorandum of points and authorities
Rule 5.320 – Attorney of record in support actions under title IV-D of the Social Security Act
Rule 5.324 – Telephone appearance in title IV-D hearings and conferences
Rule 5.325 – Procedures for clerk’s handling of combined summons and complaint
Rule 5.330 – Procedures for child support case registry form
Rule 5.335 – Procedures for hearings on interstate income withholding orders
Rule 5.340 – Judicial education for child support commissioners
Rule 5.350 – Procedures for hearings to cancel voluntary declarations of parentage or paternity when no previous action has been filed
Rule 5.355 – Minimum standards of training for court clerk staff whose assignment includes title IV-D child support cases
Rule 5.360 – Appearance by local child support agency
Rule 5.365 – Procedure for consolidation of child support orders
Rule 5.370 – Party designation in interstate and intrastate cases
Rule 5.372 – Transfer of title IV-D cases between tribal court and state court
Rule 5.375 – Procedure for a support obligor to file a motion regarding mistaken identity
Rule 5.380 – Agreement and judgment of parentage in Domestic Violence Prevention Act cases
Rule 5.381 – Modification of child custody, visitation, and support orders in Domestic Violence Prevention Act cases
Rule 5.382 – Request to make minor’s information confidential in domestic violence protective order proceedings
Rule 5.386 – Procedures for filing a tribal court protective order
Rule 5.390 – Bifurcation of issues
Rule 5.392 – Interlocutory appeals
Rule 5.393 – Setting trials and long-cause hearings
Rule 5.394 – Trial or hearing brief
Rule 5.400 – Renumbered effective January 1, 2013
Rule 5.401 – Default
Rule 5.402 – Request for default; forms
Rule 5.405 – Judgment checklists
Rule 5.407 – Review of judgments based on default and uncontested judgments submitted by declaration under Family Code section 2336
Rule 5.409 – Default and uncontested hearings on judgments submitted on the basis of declarations under Family Code section 2336
Rule 5.410 – Renumbered effective January 1, 2013
Rule 5.411 – Stipulated judgments
Rule 5.413 – Notice of entry of judgment
Rule 5.415 – Completion of notice of entry of judgment
Rule 5.420 – Domestic violence procedures for court-connected settlement service providers
Rule 5.425 – Limited scope representation; application of rules
Rule 5.427 – Attorney’s fees and costs
Rule 5.430 – Minimum standards for the Office of the Family Law Facilitator
Rule 5.440 – Related cases
Rule 5.445 – Court communication protocol for domestic violence and child custody orders
Rule 5.448 – Minor’s request to marry or establish a domestic partnership

Rule 5.381 – Modification of child custody, visitation, and support orders in Domestic Violence Prevention Act cases

(a) Application of rule

This rule addresses court procedures for the modification of child custody, visitation, and support orders in accordance with Family Code section 6340(a).

(b) Filing fees

A filing fee may be charged on a request to modify a child custody, visitation, or support order only after a protective order, as defined in Family Code section 6218, is no longer in effect. The filing fee, if charged, is the same as the filing fee for a motion, application, or any other paper requiring a hearing after the first paper.

(c) Retention

The court must retain any child custody, visitation, or support order filed in a Domestic Violence Prevention Act as a Family Law order under Government Code section 68152(c)(5).

Cal. R. Ct. 5.381

Rule 5.381 adopted effective January 1, 2012

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