California

Family Law

Family Law

Rule 5.50 – Papers issued by the court

(a) Issuing the summons; form

If a summons is required to commence a family law case, the clerk of the court must issue the summons using the same procedure for issuing a summons in civil actions, generally.

(1) The clerk of the court must:

(A) Issue a Summons (Family Law) (form FL-110) for divorces, legal separations, or annulment cases involving married persons or domestic partnerships;
(B) Issue a Summons (Uniform Parentage-Petition for Custody and Support) (form FL-210) for parentage or custody and support cases;
(C) Issue a Summons (UIFSA) (form FL-510) when a party seeks to establish or enforce child support orders from other states; and
(D) Process a Summons and Complaint or Supplemental Complaint Regarding Parental Obligations (form FL-600) as specified in rule 5.325.
(2) The clerk of the court must not give the original summons to the petitioner, but must maintain it in the court file, except for support cases initiated by a local child support agency.
(b) Automatic temporary family law restraining order in summons; handling by clerk

Under Family Code section 233, in proceedings for dissolution, legal separation, or nullity of a marriage or domestic partnership and in parentage proceedings, the clerk of the court must issue a summons that includes automatic temporary (standard) restraining orders.

(1) The summons and standard restraining orders must be issued and filed in the same manner as a summons in a civil action and must be served and enforced in the manner prescribed for any other restraining order.
(2) If service is by publication, the publication need not include the standard restraining orders.

(Subd (b) amended effective January 1, 2016.)

(c) Individual restraining order

(1) On application of a party and as provided in the Family Code, a court may issue any individual restraining order that appears to be reasonable or necessary, including those automatic temporary restraining orders in (b) included in the family law summons under Family Code section 233.
(2) Individual restraining orders supersede the standard family law restraining orders in the Family Law and Uniform Parentage Act summonses.

(Subd (b) amended effective January 1, 2016.)

Cal. R. Ct. 5.50

Rule 5.50 amended effective January 1, 2016; adopted effective January 1, 2013.