All Court rules are applicable to Family Law proceedings
in all districts of the Court, unless excluded by California Rules of Court or
unless otherwise provided.
(Rule 14.0 adopted and effective 7/1/04.)
14.1
MATTERS ASSIGNED TO FAMILY LAW
DEPARTMENTS
All matters arising under the Family Code are assigned to
the Family Law Departments, except adoption, freedom from parental custody and
other matters specifically assigned to other departments by these rules or
order of court.
Guardianship proceedings of minors, when related to a family law department
child custody proceeding, are assigned to the Family Law Departments.
(Rule 14.1 adopted and effective 7/1/04.)
14.2
COVER SHEET
The first paper filed by the petitioner in an action or
proceeding shall be accompanied by a Los Angeles Superior Court Family Law Case
Cover Sheet.
(Rule 14.2 adopted and effective 7/1/04.)
14.3
SESSION HOURS
(a)
Domestic Violence Prevention Act (Fam. Code, § 6200 et
seq.) Ex parte Applications Ex parte applications brought under the Domestic Violence Prevention Act
are heard each court day from 8:30 a.m. until 11:30 a.m., and from 1:30
p.m. until 3:30 p.m.
(Rule 14.3(a) amended and effective 1/1/08.)
(b)
Central District Ex parte Applications
Ex parte applications, other than those brought under the Domestic Violence
Prevention Act, shall be presented from 8:30 a.m. to 10:30 a.m. Monday through
Friday in the department to which the case is assigned, or to Department 2 if
the case has not been assigned.
(c)
Central District Orders to Show Cause
In the Central District, Orders to Show Cause are set on Mondays, Tuesdays and
Wednesdays at 8:30 a.m.; trials are set on Wednesdays at 1:30 p.m. and
Thursdays and Fridays at 8:30 a.m.; and motions are set on Mondays and
Wednesdays at 8:45 a.m.
(d)
District Courts
In Districts other than Central, counsel should contact the courtroom in which
the case is assigned to determine session hours.
(Rule 14.3 [adopted 7/1/04] amended and effective 1/1/08.)
14.4
RELATED FAMILY LAW CASES
Related Family Law cases, for the purpose of this
section, are Los Angeles Superior Court cases that involve the same parties,
and are based on issues governed by the Family Code or by the guardianship
provisions of the Probate Code. Related Family Law cases shall be assigned to
the same Family Law department except as provided in Rule 14.24.
Counsel for any party and self-represented parties in such cases must promptly
serve and file a notice of related cases as required by California Rules of
Court, rule 3.300(a).
(Rule 14.4 [7/1/04] amended and effective 1/1/09.)
14.5
TRANSFER OF RELATED FAMILY LAW
CASES
A department of this Court to which a related Family Law
case is assigned may transfer such case to another Family Law department of
this Court or may cause another related Family Law case to be transferred to
its department. Related Family Law cases shall be transferred, except for good
cause, to the department to which the lead case is assigned, according to the
following guidelines.
1)
The first filed marital or Registered Domestic
Partnership status case (dissolution, legal separation or nullity) shall be the
lead case;
2)
The first filed parentage case (Uniform Parentage Act)
shall be the lead case when there is no marital status case.
3)
Government parentage and support cases may be related to
other Family Law cases pursuant to Rule 14.24.
4)
The first filed action for exclusive custody (Fam. Code,
§ 3120) shall be the lead case when there is no marital status or parentage
case.
5)
A Domestic Violence Protection Act (DVPA) case shall not
be the lead case over any other type of Family Law case. The first filed
pending DVPA case shall be the lead case. An application for a DVPA temporary
restraining order shall be assigned as provided in Rule 2.0(c). However, unless
good cause is shown, the hearing on the DVPA restraining order shall be set in
the department which has been assigned the lead case.
A department assigned related cases may consolidate or dismiss any such cases
as provided by law.
(Rule 14.5 [7/1/04] amended and effective 1/1/09.)
14.6
MEET AND CONFER REQUIREMENTS
Once papers have been filed in response to an Order to
Show Cause, a moving party's counsel or self-represented party shall contact
the opposing counsel or self-represented party in advance of the hearing to
meet, confer, and ascertain whether issues can be settled without a contested
hearing. When a party fails to meet or confer, the Court may consider such
failure when making an award of attorney's fees and/or sanctions. This rule
does not apply to domestic violence matters, unless both parties are
represented.
(Rule 14.6 adopted and effective 7/1/04.)
14.7
CONTINUANCES
(a)
Stipulated Continuances
If counsel or self-represented parties stipulate to a continuance of a notice
of motion or order to show cause, the party or attorney seeking the continuance
shall personally inform the courtroom clerk as soon as possible, and in any
event, no later than 3:00 p.m., the court day preceding the hearing, and obtain
a new hearing date from the clerk. A continuance will not be granted by
telephone unless the requesting attorney or self-represented party states that
he/she has spoken to opposing counsel, and that opposing counsel or
self-represented party has agreed to the continuance and states the number of
previous continuances of the motion or order to show cause. Only two
continuances may be granted based upon an agreement between counsel
orunrepresented parties. Further continuances may be granted only upon
appearance of counsel or party and a showing of good cause. No continuance
shall be granted on the date set for hearing except upon appearance of counsel.
The Judicial Officer hearing the matter shall, in any event, have complete
discretion concerning continuances, including the right to deny continuances,
to rule, or to take the matter off calendar at any time, despite agreement of
counsel to the contrary.
(b)
Contested Continuances
Absent good cause, the Court will not consider a contested request for
continuance of a hearing, unless the requesting party has previously tried to
obtain a stipulation for a continuance at least two (2) days prior to the
hearing.
(Rule 14.7 adopted and effective 7/1/04.)
14.8
EVIDENTIARY OBJECTIONS
Except for good cause shown, evidentiary objections to
any declaration submitted in support or opposition of a motion or order to show
cause, to which specific individual court rulings are requested, must be in
writing and served and filed within the same time periods provided by Section
1005 of the Code of Civil Procedure, at least nine (9) court days before the
hearing for objections to the moving declarations and at least five (5) court
days before the hearing for objections to opposition declarations. Objections
to any reply declaration shall be served and filed at least two (2) court days
before the hearing. Each objection must be numbered and placed in an attached
copy of the declaration after the sentence or phrase that is objected to along
with the basis of the objection. Brackets must be placed around the sentence or
phrase to which the objection is made. Subject to the Court's rulings on timely
filed written objections, or cross-examination of the declarants if permitted
by the Court, all declarations shall be considered received in evidence at the
hearing. Failure to comply with the above requirements does not prohibit a
party from arguing that reduced or no weight should be given any declaration or
any statement contained therein.
Evidentiary objections to any declaration submitted in support of or opposition
to a motion or order to show cause, oral or written, including objections on
the grounds of inadmissible hearsay, conclusion and lack of foundation, for
which specific individual rulings are not requested or not required may be
considered by the court at any time prior to or during the hearing thereon.
(Rule 14.8 [7/1/04, 1st ¶ amended, 2nd ¶ adopted 7/1/06]
1st ¶ amended and effective 1/1/07.)
14.9
FINANCIAL DECLARATIONS AND
SUPPORTING DOCUMENTS
All blanks on Financial Declarations, as defined by the
California Rules of Court, must be completely filled in. If a previously filed
Financial Declaration is claimed to be "current," a copy must be attached to
the moving or responding papers.
In addition to the schedules and pay stubs required to be attached to the
Income and Expense Declaration, parties will bring copies of State and Federal
Income Tax Returns (including all supporting schedules) and all loan
applications (whether or not the loan was granted) for the last two years.
(Rule 14.9 adopted and effective 7/1/04.)
14.10
EVIDENCE OF ATTORNEY'S FEES,
EXPERT'S FEES AND COSTS
Any request, oral or written, for an order for payment by
another party of attorney's fees and court costs in excess of $1,000, should be
accompanied by a separate written fee declaration signed by the attorney or
party seeking such order. A failure to submit such declaration may result in
the court limiting the evidence in support of such request to the evidence that
may already be before the court in the pending proceeding. Such declarations
may be supplemented at the time of the hearingto update the amount of the fee
or costs requests.
Fee declarations should include the services performed and costs incurred to
date; the time expended; the hourly rate charged, if applicable; counsel's
years in practice and years in family law practice; professional
certifications; his/her best estimate of future services to be performed, costs
to be incurred and the necessity therefor; each party's access to community
assets; the specific amounts requested, and amounts paid by or on behalf of the
party requesting fees and costs; and prior awards of fees and costs.
If expert's fees are sought, the moving party shall provide a statement setting
forth the scope of the expert's assignment, including the services performed,
the time expended and costs incurred to date, the estimate of future services
to be performed, costs to be incurred, the specific amounts requested, and the
necessity therefor.
(Rule 14.10 [7/1/04] rule title & 1st ¶ amended and
effective 7/1/06.)
14.11
PREPARATION OF ORDERS AFTER
HEARING
Unless otherwise ordered by the Court, or unless
otherwise provided by the California Rules of Court, the moving party shall
prepare a written order within ten (10) days following any hearing and submit
it to the other party's attorney, or to the other party, if self-represented,
for approval and then file it with the Court. If either party or attorney fails
to prepare or approve the order, or files objections to it within ten (10) days
of service, the other party or attorney may prepare and submit the order to the
Court with a proof of service on the other party or attorney.
If there is a disagreement between the parties concerning the accuracy of the
proposed order, either party may request the Court, by letter, to refer to the
applicable portions of the hearing transcript, which shall be attached to the
letter or the clerk's minutes.
All orders after hearing shall be filed in the department where the hearing was
held.
(Rule 14.11 adopted and effective 7/1/04.)
14.12
CASE MANAGEMENT PROCEEDINGS
It is the intent of the Los Angeles Superior Court to
manage Family Law cases in order to focus on early resolution of cases through
settlement, expedite the processing of cases, and to reduce the costs of
litigation.
At the first hearing calendared by a party after the response to Petition is
filed, the Court may hold a status conference. At the status conference, the
Court may review the progress of the case, identify unresolved issues, develop
discovery plans and discuss the possibility of settlement.
At the status conference, the parties shall inform the Court of the following
matters:
(1)
attendance of both parties at PACT and Family Court
Services Mediation;
(2)
completion and service by both parties of a complete
Preliminary Declaration of Disclosure;
(3)
filing with the Court of a Declaration Regarding Service
of Declaration of Disclosure and Income and Expense Declaration;
(4)
readiness of the parties to participate in mediation;
(5)
appropriateness of referral to arbitration;
(6)
willingness of the parties, to limit, schedule or
expedite discovery and willingness without waiting for a discovery request, to
provide to the opposing side, with the name and, if known, the address and
telephone number of each individual likely to have discoverable information
that supports the party's disclosures and a copy of, or a description by
category and location of, all documents, data compilations, and tangible things
that are in the possession, custody or control of the party and that supports
the party's disclosures;
(7)
appropriateness of implementation of case management
pursuant to Family Code section 2451;
(8)
willingness to stipulate to the appointment of Court
experts, and to allocate the expense for the appointment, or to schedule a
hearing for the appointment of Court experts and the allocation of the expenses
for the experts.
At any status conference, the Court may:
(1)
schedule disclosure of expert witnesses, by stipulation
upon agreement;
(2)
require filing of stipulations, if issues can be
narrowed;
(3)
set dates for further status conference, as needed but no
later than every six months;
(4)
set dates for other court-ordered events that are to take
place before the next status conference;
(5)
set the date for trial and/or settlement conferences; and
(6)
take such other action, as permitted by law, which could
tend to promote the just and efficient disposition of the case.
Appearance at any status conference by counsel and any self-represented party,
either in person or by telephone (if approved in advance by the Court) is
mandatory. Failure to appear shall result in the setting of an Order to Show
Cause why sanctions should not be imposed. No appearance is required if excused
by the Court, or if a judgment has been filed, or if the case has been
dismissed.
(Rule 14.12 adopted and effective 7/1/04.)
14.13
SETTING OF CONTESTED TRIALS
Either party may file a Request For Trial Setting to set
contested issues for trial. At the discretion of the Court, the matter may
first be set for a trial setting conference. The parties or their counsel shall
be notified by mail of the date and time of the trial or the status conference.
In the event that the case settles, both parties shall immediately notify the
trial court, so that the trial date may be vacated.
(Rule 14.13 adopted and effective 7/1/04.)
14.14
MANDATORY SETTLEMENT CONFERENCES
FOR LONG CAUSE TRIALS
A Mandatory Settlement Conference (MSC) shall be set two
(2) weeks before trial, or as close to that time as the Court's calendar can
accommodate, in all family law cases estimated as long cause (defined as 5
hours or more). In the Central District, the MSC shall be set in Department 2
and in other Districts the MSC will be set per District policy.
All parties and trial counsel shall appear personally at the MSC.
The Court's role is to assist parties in concluding settlement negotiations.
Prior to the MSC, attorneys shall hold at least one face-to-face or telephone
settlement discussion, and have made a full exchange of all pertinent
information, including information required by current statutory and case law.
(a)
Pre-MSC Requirements<
(1)
Not less than seven (7) calendar days before the
scheduled MSC, witness lists shall have been exchanged identifying all
non-party, non-impeachment lay and expert witnesses to be called at trial to
prove their case in chief. A brief written summary of each proposed witness'
testimony shall be provided.
Failure, without good cause, to identify any such witness shall preclude
calling that witness at time of trial. Failure, without good cause, timely to
provide a witness list shall be sanctioned; such sanction(s) may include, but
not necessarily be limited to, precluding the noncomplying party from calling
any non-party, non-impeachment witness.
(2)
Not less than seven (7) calendar days before the
scheduled MSC, exhibit lists shall have been exchanged identifying all
non-impeachment exhibits to be offered at trial to prove their case in chief.
Within five (5) calendar days of receipt of the list of exhibits, the receiving
party may request in writing that the offering party provide a copy of any
listed exhibit(s).
Failure, without good cause, to make a timely written request for any
exhibit(s) shall preclude claiming surprise at the time of trial, but shall be
without prejudice to any other appropriate evidentiary objection. Failure,
without good cause, to comply with a party's timely request for any listed
exhibit within five (5) calendar days of receipt of such a written request
shall preclude admission of any such exhibit at the time of trial. Failure,
without good cause, timely to provide an exhibit list and/or to list any
particular exhibit shall be sanctioned; such sanction(s) may include, but not
necessarily be limited to, precluding the noncomplying party from offering any
unlisted non-impeachment exhibit(s) at the time of trial.
(3)
Not less than seven (7) calendar days before the MSC, the
parties shall lodge with the Court the MSC Brief (copies also being
concurrently served each side to the other); current Income and Expense
Declarations (copies also being served concurrently each side to the other);
exhibit lists; witness lists, Property Declaration (when there are community
and separate property issues) and a jointly prepared Joint MSC Worksheet
available in Department 2. Failure, without good cause, to comply with this
provision may result in the imposition of sanctions which can include contempt,
payments of money including attorney's fees and costs incurred by other parties
and/or taking trial of the case off calendar.
(b)
Contents of the MSC Brief
(1)
The caption of the MSC brief shall contain the times and
dates of the MSC date and trial.
(2)
The brief shall include all relevant statistical facts,
including date of marriage, date of separation, length of marriage (in years
and months) and the number and age of minor children.
(3)
The MSC brief shall contain a recitation of the facts of
the case followed by a brief discussion of the law on which a party relies as
to each contested issue, unless otherwise set forth in a separate memorandum of
points and authorities filed in the matter.
(4)
Each party shall set forth specific proposals regarding
child custody and child and/or spousal support. As to each support item, each
party shall set forth all computations and attach all necessary forms
consistent with current statutory and case law. Computer support printouts may
be attached.
(5)
With regard to community property assets and liabilities,
each party shall prepare and submit a current, signed and dated Schedule of
Assets and Debts and all necessary Continuation Declaration(s) on Judicial
Council forms prescribed by current law. Unless the parties have stipulated to
valuation and distribution in writing or in open Court prior to preparation of
the MSC brief, or unless mutually agreed appraisals are attached and annotated
to show proposed division, each party shall prepare a comprehensive inventory
of all assets, real and personal, claimed by such party to be community
property. The parties shall also complete a Joint Debt Worksheet and attach it
to their respective MSC briefs. In all cases, values claimed by either party
shall be supported by appraisals or when appropriate, their own estimates,
copies of which shall be attached, unless good cause is shown why no appraisal
has been obtained.
(6)
If a party claims a right to reimbursement, he/she shall
submit the Joint Reimbursement Worksheet setting forth the total amounts
proposed to be charged to each party. Each reimbursement claim must be clearly
set forth with attached applicable documentation.
(7)
In each case in which an item of personal or real
property or an interest therein is claimed to be separate property, and the
other party has not stipulated thereto in writing or in openCourt, the
following additional information shall be provided in tabular form on an
exhibit entitled "Separate Property Information." This document shall include
the following information: (i) the date and cost of acquisition, (ii) the
encumbrances at acquisition; (iii) the title at acquisition; (iv) current
value; (v) amount of present encumbrance; and how title is currently vested.
In each case in which real property or an interest therein was acquired during
marriage but a separate property interest is claimed therein, the claimed
interest shall be set forth, the amount thereof calculated and the formula
displayed, consistent with current statutory and case law, on an exhibit
entitled "Separate Property Real Property Claims."
(8)
Any request for attorney's fees, expert's fees and costs
shall comply with the requirements of Rule 14.10.
(Rule 14.14 adopted and effective 7/1/04.)
14.15
TRIALS
The trial date cannot be continued by stipulation (see
California Rules of Court) of the parties, but may be continued at a hearing
before the Court and good cause shown.
In long cause trials, at least seven (7) days before the trial date, counsel
and self-represented parties shall exchange with each other and file with the
Court a trial brief in the format set out in Rule 14.14(b).
In short cause trials, the Court may, at its discretion, order counsel and
self-represented parties to comply with all or part of the disclosures and
pleadings required for the Mandatory Settlement Conference.
For all trials when attorney's fees, expert's fees and costs are at issue, the
party seeking such fees and costs will comply with Rule 14.10.
No Witness List or Exhibit List or Expert's Report may be amended or augmented
after the Mandatory Settlement Conference has been concluded without first
having obtained the approval of the MSC judicial officer at the MSC or the
trial court, good cause having been shown.
All Exhibits set forth in the Exhibit List, that was exchanged pursuant to the
MSC rules, shall be pre-marked and exchanged at least five (5) court days prior
to the initial date set for hearing. No exhibits shall be allowed into evidence
that have not been pre-marked and exchanged, without first having obtained the
approval of the trial court and having shown good cause.
Counsel shall submit to the clerk prior to the start of trial all pre-marked
exhibits together with a second "working" copy for the Court. It is preferable
that all exhibits be placed in a binder, with appropriate tabs.
Counsel should read and be familiar with the Local Rules regarding Civil Trial
Procedures in Chapter Eight of these rules. (Rule 14.15 adopted and effective
7/1/04.)
14.16
JUDGMENT PROCEDURE
In every case when a Judgment has been ordered by the
Court to be filed, the party so ordered shall submit the proposed judgment to
the other party's attorney, or to the party, if self-represented, for approval
thereof and then file it with the Court. If either party or attorney fails to
prepare or approve the judgment, or file objections to it within ten (10) days
of service, the other party or attorney may prepare and submit the judgment to
the Court with a proof of service on the other party or attorney.
The Court will set an Order to Show Cause re: Failure to Submit Judgment. If
the judgment is received prior to this hearing, no appearance is necessary and
the OSC will go off calendar. If the judgment is not received, sanctions may be
imposed.
(Rule 14.16 adopted and effective 7/1/04.)
14.17
BIFURCATED STATUS ONLY JUDGMENTS
The parties may file a bifurcated judgment on the issue
of marital status only. The box on the Judicial Council Judgment form must be
checked which provides that jurisdiction is reserved over all other issues and
all present orders remain in effect.
A Preliminary Declaration of Disclosure with all required attachments shall be
served on the nonmoving party with the proposed judgment, unless it has been
served previously and a proof of service is filed with the Court.
(Rule 14.17 adopted and effective 7/1/04.)
14.18
STIPULATED JUDGMENTS ON FURTHER
RESERVED ISSUES
When all remaining issues have been resolved, a
stipulation for Judgment or Further Judgment Upon Reserved Issues may be
submitted to the Court without appearance. The proposed judgment shall comply
with the provisions of California Rules of Court. The following forms shall be
submitted:
1)
Original and three (3) copies of the Judgment. The Court
will retain the original and one copy;
2)
If child support has been ordered, the Judgment shall be
accompanied by:
a)
A Stipulation to Establish or Modify Child Support and
Order;
b)
If appropriate, an Order/Notice to Withhold Income for
Child Support;
c)
If appropriate, a Stay of Service of Earnings Assignment
Order;
3)
An Appearance, Stipulation and Waiver, including a
stipulation that the matter may be heard by a commissioner sitting as a judge
pro tem;
4)
Declaration Regarding Service of the Final Declaration of
Disclosure. If the Declaration Regarding Final Declaration of Disclosure is
waived, the waiver must be a separate waiver, not included within the Judgment;
5)
Original and two (2) copies of the Notice of Entry of
Judgment;
6)
Two (2) self-addressed, stamped envelopes, addressed to
each counsel of record or to each self-represented party.
(Rule 14.18 adopted and effective 7/1/04.)
14.19
DEFAULT OR UNCONTESTED JUDGMENTS
BY AFFIDAVIT
The following forms shall be submitted to obtain a
default or uncontested judgment:
1)
Declaration for Default or Uncontested Dissolution;
2)
Request for Default or Appearance, Stipulation and Waiver
form, whichever applies;
3)
Declaration Regarding Service of Declaration of
Disclosure (Preliminary and/or Final, as necessary). If the Declaration
Regarding Final Declaration of Disclosure is waived, the waiver must be a
separate waiver, not included within the Judgment;
4)
Original and three copies of the Judgment. The Court will
retain the original and one copy;
5)
Original and two (2) copies of the Notice of Entry of
Judgment;
6)
Two (2) self-addressed, stamped envelopes, with the
Court's address as the return address;
As appropriate, the following forms are also required:
1)
Current Income and Expense Declaration;
2)
Stipulation to Establish Or Modify Child Support and
Order;
3)
Earnings Assignment Order;
4)
Property Declaration.
All forms must be completely filled out. A party may not request orders in the
Judgment which were not requested in the Petition.
Unless there is a written agreement to the contrary, the following issues will
require a court hearing:
1)
Request to terminate spousal support in a marriage of ten
years or longer;
2)
Request for no visitation or for supervised visitation;
3)
Request for a specific amount of spousal support.
First paper filing fees will not be required from a defaulting respondent who
has signed a judgment. The signature of a defaulting party must be notarized.
(Rule 14.19 adopted and effective 7/1/04.)
14.20
FAMILY COURT SERVICES: MEDIATION,
CUSTODY EVALUATIONS AND PARENT EDUCATION
Family Court Services shall provide confidential
mediation of custody and visitation disputes, shall conduct or coordinate
court-ordered evaluations and shall provide parent education. Family Court
Services staff shall facilitate the parents making their own decisions
regarding the care of their children.
(a)
Family Court Services Mediation
1)
This rule applies to all Family Law cases involving a
dispute regarding child custody and/or visitation.
2)
The Family Code assigns jurisdiction over such matters to
the Conciliation Court. In exercising this jurisdiction, Family Court Services
shall provide the following:
a.
A mediation orientation/parent education program (known
as Parents and Children Together or PACT) including but not limited to: an
explanation of the mediation process and other services available through the
court, educational material regarding the effects of parental separation and
conflict on children, and referrals specific to domestic violence situations.
b.
Mediation session(s) focused on the resolution of the
custody and/or visitation dispute.
3)
Unless otherwise specified below, parents shall attend a
mediation orientation/parent education program (PACT) and a mediation session
prior to appearing at an Order to Show Cause or Trial regarding the custody
and/or visitation of their children, unless they resolve all issues pertaining
to custody and/or visitation prior to the date of the OSC. Parents must attend
the PACT program only once. An appointment for a mediation session shall be
obtained prior to obtaining an Order to Show Cause or a trial date placing
child custody and/or visitation at issue.
a.
Parties in cases filed under the Domestic Violence
Prevention Act may attend the PACT program but are not required to do so.
b.
Failure to attend the mediation orientation/parent
education program (PACT) will not preclude the Mediation Office from proceeding
with a mediation session in a specific case.
c.
Failure to attend the mediation orientation/parent
education program (PACT) will not preclude a judicial officer from making
orders regarding a specific matter before the court.
d.
This rule and a schedule of PACT sessions shall be
provided by the Clerk of the Court to the Petitioner or moving party. The
Petitioner or moving party shall serve the same, along with the Petition or
Order to Show Cause, on the responding party. The Clerk of the Court will not
schedule a court date for an Order to Show Cause regarding custody and/or
visitation until the party has scheduled a mediation appointment with Family
Court Services.
e.
Each party shall receive a certificate of completion of
the PACT program. It is the responsibility of each party to provide proof of
completion of the PACT program upon request of the court.
f.
Sanctions may be imposed by the Court upon any party for
failure to complete the PACT program or Family Court Services mediation.
(b)
Confidentiality of Family Court Services Proceedings
1)
In any family law proceeding involving the custody or
visitation of minor children, any written report or recommendation from the
Child Custody Evaluation Unit of Family Court Services or from any person
appointed by the Court to render a report shall be confidential and unavailable
to any person except the Court (including Juvenile Court and the Department of
Children's Services), the parties, their attorneys, expert witnesses, and any
person to whom the Court expressly grants access by written order made with
prior notice to all parties. No person who has access to a report shall
disclose its contents to any child who is the subject of the report.
a.
Copies of the report shall be furnished by the court to
attorneys for the parties or directly to the self-represented parties at least
ten (10) days before any hearing or other action which is the subject of the
report unless otherwise ordered by the Court.
b.
The name and address of any party who becomes delinquent
in payments owed the court for work performed by the Child Custody Evaluations
Office and the amount owed may be released to a collections agency of the
court's choosing for the sole purpose of collecting the debt owed the court.
c.
Nothing in this section shall prevent an evaluator from
disclosing the existence of another court case involving the children at issue
or their parents, stepparents, or legal guardians for purposes of coordinating
court hearings and delivery of services.
2)
Except as provided here, it is the policy of the Los
Angeles Superior Court that all Conciliation Court marriage counseling and
family mediation services be confidential. Such confidentiality is essential to
the effective functioning of the Conciliation Court.
a.
Family Court Services Staff shall not disclose
information to persons other than participants and their counsel, or produce
records in violation of this policy. No Family Court Services staff person,
party, counsel, or participant shall be compelled to testify concerning any
information acquired--including, but not limited to, communications or
observations made in connection with the provision of Conciliation Court
services.
b.
Exceptions:
i.
Nothing in this section shall restrict any person from
reporting or serving as a witness where a crime has been committed, or is
alleged to have been committed, in his or her presence;
ii.
Nothing in this section shall restrict Family Court
Services staff from complying with any law requiring reporting of child abuse
and the fact that such a report was made or exists shall not be deemed
confidential;
iii.
Nothing in this section shall restrict Family Court
Services staff from complying with the requirements of Tarasoff v. The Regents
of the University of California, 17 Cal.3d 425 (1976);
iv.
The fact that a Family Court Services mediation session
took place, the time and place of that session, and the identities of
participants shall not be deemed confidential;
v.
The fact that an agreement was or was not reached and the
contents of any signed stipulation and order resulting from a Conciliation
Court session shall not be deemed confidential;
vi.
Nothing in this section shall prevent a Family Court
Services mediator from recommending that a matter be referred for a child
custody evaluation, or that an attorney be appointed for a child or children;
vii.
Nothing in this section shall prevent the Family Court
Services mediator from meeting with the judicial officer hearing a contested
custody matter in an in-chambers conference with both attorneys and the parties
when the parties themselves have both requested and consented to such a
conference following the parents having completed the mediation process.
viii.
Nothing in this section shall prevent a mediator from
disclosing the existence of another court case involving the children at issue
or their parents, stepparents, or legal guardians for purposes of coordinating
court hearings and delivery of services.
(c)
Adherence to Standards and Requests for Change of Family
Court Services Mediator/Evaluator
1)
Mediator: Requests for a change of mediator shall be
addressed to a Supervisor, Family Court Services. If the request for change is
not satisfactorily resolved, it may then be brought to the attention of the
Division Chief, Family Court Services. The request will be granted only upon a
showing of good cause.
2)
Evaluator: After a stipulation has been filed appointing
the Superior Court's Child Custody Evaluations Office and an evaluator has been
assigned, each side is permitted one peremptory challenge to the evaluator
assigned within five (5) court days of receiving the written notification of
the assignment. Challenges for cause may be made at any point in the process
through the Administrator of Family Court Services. An evaluator appointed to
perform a Solution Focused Evaluation can only be challenged for cause.
3)
Good cause may include, but not be limited to, a showing
that the mediator or evaluator is personally acquainted with a party or has a
conflict of interest or appearance thereof with one of the parties or
attorneys, or is otherwise unable to perform his or her duties in a fair and
impartial manner.
4)
Complaints: Complaints about Family Court Services
mediators and evaluators shall be addressed in writing to the Administrator,
Family Court Services. A supervisor will review the complaint and the case file
and discuss the matter with the individual mediator or evaluator who is the
subject of the complaint. A written response will be sent to the person filing
the complaint. If either the complainant or the mediator or evaluator is not
satisfied with the action taken in connection with the complaint, it may be
brought to the attention of the Manager. If appropriate, corrective and/or
disciplinary action will be taken with the individual staff person involved.
5)
Standards of Practice: It is the responsibility of the
court to assure that mediators and evaluators adhere to the Standards of
Practice as set forth in the California Rules of Court, Chapter 5. The quality
of service is monitored on an on-going basis by: (1) Regular training and
clinical supervision of Family Court Services clinical staff and their work;
and (2) Review sheets completed by judicial officers on child custody
evaluations.
(Rule 14.20 [7/1/04] amended, (c)6) Ex parte Communication REPEALED, and
effective 1/1/07.)
(d)
Assessment of minor(s) seeking permission to marry
(1)
Statute requires Court and parental consent for minor(s)
seeking permission to marry.
(2)
Minor(s) seeking permission to marry must file with the
Court an Application for Consent to Marry (FAM047) and a Parental Consent Form
(FAM048).
(3)
To assist the Court in determining whether to grant the
minor(s) permission to marry, the minor and his/her prospective spouse are
required to meet with a Family Court Services Specialist for an assessment for
consent to marry.
(4)
The Family Court Services Specialist shall provide the
Court with a recommendation as to whether the application should be granted,
denied, or deferred.
(5)
The recommendation to the Court is confidential and
unavailable to anyone except the Court, the parties, and their attorneys and
shall be placed in the confidential envelope.
(6)
The Court shall consider the application,
recommendations, and such other matters it deems relevant and thereafter the
Court shall issue an order to grant or deny the Application for Consent to
Marry.
(Rule 14.20(d) Assessment of minor(s) seeking permission to marry newly added
and effective 1/1/09.)
(e)
Training
Family Court Services mediators and evaluators must comply with all training
required by the Family Law Code or California Rules of Court, Chapter 5, and
maintain proof of compliance in the central office.
(Rule 14.20(e) [as (d) 7/1/04] renumbered and effective 1/1/09.)
(Rule 14.20 [7/1/04, 1/1/07] amended and effective 1/1/09.)
14.21
PRIVATE CHILD CUSTODY EVALUATIONS
This rule is adopted in compliance with California Rules
of Court:
(a)
Peremptory Challenges
When a private evaluator is appointed, other than by stipulation, each side
will be permitted one peremptory challenge of a specific evaluator. The
challenge must be made within ten (10) court days of the notice of appointment.
(Rule 14.21(a) [7/1/04] amended and effective 1/1/07.)
(b)
Withdrawal From a Case
A private evaluator has the right to withdraw from a case upon a showing of
good cause before the trial court that made the appointment.
(c)
Complaints Regarding Evaluators
Complaints regarding the conduct of and procedures employed by a private child
custody evaluator appointed by the Court are the responsibility of the trial
court judicial officer who made the appointment and the appropriate
professional licensing board. The trial court judge may determine what action,
if any, should be taken. In addition, if the evaluator is a member of the
Court's list of private evaluators, the complaint will also be the
responsibility of the list administrator per Local Rule 14.21(e)4).
(Rule 14.21(c) [7/1/04] amended and effective 1/1/07.)
(d)
Training
A person appointed as a child custody evaluator must submit to the court a
declaration indicating compliance with all applicable education, training, and
experience requirements. A private child custody evaluator must complete a
Declaration of Private Child Custody Evaluator Regarding Qualifications (Form
FL-326) and file it with the clerk's office no later than 10 days after
notification of each appointment and before any work on each child custody
evaluation has begun.
(Rule 14.21(d) [originally (e) 7/1/04] renumbered, text repealed,
new text added 1/1/07.)
(e)
Private Child Custody Evaluators List
1)
In an effort to assist litigants and their attorneys in
locating mental health professionals who perform Child Custody Evaluations, the
Los Angeles Superior Court has developed a list of mental health professionals
who perform child custody evaluations. The Los Angeles Superior Court does not
endorse any person on this list, nor are they employees of the Superior Court.
2)
The following information describes the qualifications of
the mental health professionals on this list, as well as the procedures for
filing complaints regarding work performed by members on the list.
a.
Qualifications and responsibilities of list members. To
be included on this list, a mental health professional must:
i.
Be licensed in the State of California in one of the
following areas: LCSW, MFT, clinical psychologist, or board certified
psychiatrist;
ii.
Declare under penalty of perjury that he/she has
performed five child custody evaluations within the last three years;
iii.
Declare under penalty of perjury that he/she has read The
Standards of Practice for Court Appointed Child Custody Evaluations in the
California Rules of Court and the Los Angeles Superior Court Local Rule
regarding The Private Child Custody Evaluators List;
iv.
Complete any training required for child custody
evaluators by statute, rule of court, or local rule;
v.
Be covered by malpractice insurance;
vi.
Not use their inclusion on this list in any advertising.
b.
List members must submit the following materials which
will be made available to the public:
i.
A signed application;
ii.
A current résumé;
iii.
A copy of the applicable clinical license;
iv.
Certificates of completion of 16 hours of advanced
domestic violence training and annual updates as required by Family Code
section 1816 and California Rules of Court, rule 5.230;
v.
Certificates of completion of 40 hours of initial
education and training and annual updates as required by California Rules of
Court, rule 5.225.
c.
Upon appointment to perform an evaluation, members of the
list must provide both parties with a letter describing their procedures,
including a statement that any written material submitted to the evaluator must
be sent to the opposing party and the final date by which written material must
be submitted.
3)
Any evaluation ordered through this list must be
completed and mailed within 10 weeks of receiving the appointment and required
deposit, unless extenuating circumstances arise. If an extension is required,
the evaluator will notify the court, both parties, and the list administrator
by letter. Reasons for the extension are to be described in the letter.
4)
Challenges, Complaints, Removal from the List. The Court
reserves the right to remove any name from the list upon written notification
to the evaluator.
a.
Reasons for removal may include, but are not limited to
the following:
i.
Failure to maintain a clinical license in good standing;
ii.
Failure to remain current on training mandated by
statute, California Rules of Court, and/or Los Angeles Superior Court Local
Rule;
iii.
Submission of work that does not meet the standard of
practice for court appointed evaluator;
iv.
Failure to submit work in a timely fashion;
v.
Consistent refusal to accept court referrals.
b.
Complaints regarding the content of the evaluation report
or the conclusions reached by the evaluator should be made at the time of trial
to the trial court hearing the custody matter.
c.
Complaints regarding the ethical conduct of the evaluator
should be made to the appropriate licensing board.
d.
Complaints regarding the procedures used by the evaluator
should be addressed in writing to the list administrator. Copies of such
complaints will be sent to the evaluator who is the subject of the complaint.
All such complaints will be reviewed by the list administrator and answered in
writing.
e.
Serious complaints regarding the procedures used by an
evaluator will be reviewed by a committee appointed by the Supervising Judge of
the Family Law Departments. The committee shall consist of the list
administrator, a Family Law Judicial Officer, a court-employed evaluator, and
may also include a private evaluator and any other person appointed by the
Supervising Judge. The committee will review the complaint with the evaluator.
If the committeedecides to remove the evaluator from the list, the evaluator
will be notified in writing that he/she is being removed from the list. The
decision of the committee shall be final and not subject to further review. In
reviewing complaints, the members of the committee are persons performing
quasi-judicialfunctions, and presiding at quasi-judicial proceedings within the
meaning of Evidence Code section 703.5. The records and information in the
possession of the committee regarding evaluators is official information
acquired in confidence by public employees in the course of their duties, and
not open, or officially disclosed to the public within the meaning of both
subdivisions (b)(1) and (b)(2) of Evidence Code section 1040.
5)
Upon request, disclose any significant personal or
professional relationship the evaluator has or has had with a party, attorney,
or law firm in the instant case, including the number and nature of any
services in the past 24 months in which the evaluator has been privately
compensated by a party, attorney, or law firm in the instant case. The services
may include, but are not limited to, services provided as an expert witness,
consultant, evaluator, special master, mediator, or therapist.
(Rule 14.21 [originally (f) 7/1/04, (f)4)e. 1/1/05]
renumbered as (e), amended and effective 1/1/07.)
(Rule 14.21 [adopted 7/1/04, 1/1/05] amended and effective
1/1/07.)
14.22
MINOR'S CONTRACT PROCEDURE
All petitions for the confirmation of Minor's Contracts
under Family Code section 6700 et seq. shall be filed in Department 2. All such
petitions shall have attached as exhibits the underlying contract for which
confirmation is sought. The petition shall be accompanied by a proposed order.
Department 2 shall have continuing jurisdiction over these petitions and the
funds blocked under orders issued until the funds are released. Petitions to
amend prior orders or to switch investments or banks shall be supported by
adequate declarations setting forth the reason and necessity of the requested
actions.
All orders issued for the setting up of a blocked account or accounts shall
require that the paying entity, through its counsel, set forth in a declaration
under penalty of perjury that the funds are being deposited into an account
that has been blocked pursuant to Court order. Such a declaration shall state
that the initial deposit made into the ordered blocked account was accompanied
by a copy of the order issued by this Court and a cover letter identifying the
minor, the account number, the trustee, and that the deposit and account are
blocked pursuant to Court order.
Applications for release of funds to the minor after reaching majority shall be
accompanied by proof that the minor has reached the age of eighteen or is
emancipated.
The Court shall assess a fee for processing applications for release of funds
from blocked minors accounts.
(Rule 14.22 adopted and effective 7/1/04.)
14.23
FAMILY LAW FACILITATOR'S AND
FAMILY LAW INFORMATION CENTER
(a)
Duties of Family Law Facilitator
Pursuant to the provisions of Family Code section 10005(a), duties of the
Family Law Facilitator shall include the following:
1)
Meeting with litigants to mediate issues of child
support, spousal support, and maintenance of health insurance, subject to
Section 10012 of the Family Code. Actions in which one or both of the parties
are unrepresented by counsel shall have priority;
2)
Drafting stipulations to include all issues agreed to by
the parties, which may include issues other than those specified in Section
10003;
3)
If the parties are unable to resolve issues with the
assistance of the Family Law Facilitator, prior to or at the hearing, and at
the request of the Court, the Family Law Facilitator shall review the
paperwork, examine documents, prepare support schedules, and advise the
judicial officer whether or not the matter is ready to proceed;
4)
Preparing formal orders consistent with the Court's
announced order in cases where both parties are unrepresented.
(Rule 14.23 adopted and effective 7/1/04.)
14.24
PATERNITY, CHILD AND SPOUSAL
SUPPORT ACTIONS
(a)
Central Civil West Actions
The following actions shall be heard at Central Civil West, as follows:
1)
Actions filed by the Child Support Services Department
(CSSD) pursuant to the Family Code for an order to establish paternity and/or
child support, modify child support, obtain retroactive child support or
enforce a child, spousal or family support order;
2)
Actions filed, other than by the CSSD, involving only the
modification or enforcement of a child, spousal or family support order or for
the determination or collection of arrears in which the CSSD has made an
appearance or is enforcing the child, spousal or family support order;
3)
Upon proper notice, parties with matters pending in the
Central Courthouse or District Family Law Departments may request transfer of
the above actions to the Central or District Court.
(Rule 14.24(a) [7/1/04] amended and effective 1/1/09.)
(b)
Central Courthouse and District Court Family Law
Departments
The following actions shall be heard in the Family Law Departments of the
Central Courthouse and District Courts:
1)
Actions filed, other than by the CSSD, by any party
pursuant to the Family Code to establish paternity or an original order for
child, spousal or family support;
2)
Actions filed, other than by the CSSD, by any party
pursuant to the Family Code which involve issues in addition to child, spousal
or family support, such as custody, visitation, division or control of property
and personal restraining order;
3)
All other actions not specified in subdivision (a) above,
unless the CSSD files with the Court and serves upon the opposing party, if
unrepresented or attorney of record at least fifteen (15) days prior to the
scheduled court date, a written request for transfer to Central Civil West. The
judge before whom the action is pending shall rule on the request for transfer
and, if granted, a new hearing date at Central Civil West shall be set no later
than fifteen (15) days from the date of transfer;
4)
Incorrect Location of Filing: Transfer to Central Civil
West. Any action which should have been filed at Central Civil West, pursuant
to subdivision (a), above, but which has been incorrectly filed in any Family
Law Department in the Central Courthouse or in any District Family Law
Department shall be transferred to Central Civil West. The transfer shall be
initiated forthwith upon the written request by letter or FAX from the CSSD or
by the Court or Clerk of the Court after the discovery of the incorrect
location of the filing. A notice of the transfer, specifying the reason for the
transfer, shall be mailed to all parties, if unrepresented, or attorneys of
record by the Superior Court Clerk in the Central District or in the district
court. The notice shall also specify the new hearing date at Central Civil
West. The new hearing date at Central Civil West shall be set no later than
fifteen (15) days from the date of the transfer.
(Rule 14.24 [7/1/04] amended and effective 1/1/09.)
14.25
DECLARATION/STATEMENT OF PROVIDER
OF SUPERVISED VISITATION
(a)
Compliance
Pursuant to Section 11166.5(d) of the Penal Code, all providers of supervised
visitation who receive payment for their services are required to complete and
file with the Court a declaration/statement as provided on Superior Court Form
H272 (Appendix B). This form states that the provider has complied with
Section 11166 of the Penal Code and is to attach a copy or proof of their
attendance at such a training program to the form. The form is then to be filed
with the Clerk of the Court. Forms are available through the various District
Courts from the Clerk of the Court.
(b)
Sanctions
Failure to comply with the requirements of Section 11166 of the Penal Code is a
misdemeanor.
(Rule 14.25 adopted and effective 7/1/04.)
14.26
COLLABORATIVE LAW CASES
(a)
Designation
A case may be designated a "Collaborative Law Case" if the parties have signed
a written Collaborative Law Agreement that provides for 1) a full exchange of
information, 2) the withdrawal of the party's attorney (whether or not said
attorney is of record) upon the termination of the collaborative law process,
and 3) the joint retention of any consultants needed to assist the parties in
the collaborative law process, unless otherwise authorized by the written
agreement of the parties. The words "Collaborative Law Case" shall be placed
below the case number in the case caption on all documents filed with the
Court. Attorneys representing parties to a Collaborative Law Case may be, but
are not required to be, of record.
(b)
Contested Matters
As long as a case is designated a Collaborative Law Case, no contested matters
shall be filed with the Court. Collaborative Law Cases shall not be subject to
Rule 14.12. A Collaborative Law Case filed in the Central District shall be
assigned to Department 2 for as long as the case remains a Collaborative Law
Case.
(c)
Termination
Either party may terminate the designation of a case as a Collaborative Law
Case without cause by both providing a written notice of such termination to
the other party and filing with the Court a copy of the notice of termination
and a proof of service upon the other party. The filing of contested matters by
either party shall also terminate the designation of the case as a
Collaborative Law Case, effective on the date of such filing. Upon termination
of the Collaborative Law Case designation, any party's attorney's status as
attorney of record shall terminate without further notice. The filing by an
attorney of record of a motion to withdraw from a Collaborative Law Case does
not terminate the designation of a Collaborative Law Case.
(Rule 14.26 [adopted 7/1/04] amended and effective 1/1/05.)
14.27
EX PARTE NOTICE, APPLICATION AND
ORDERS
Ex parte applications and orders, including notice
thereof, must comply with California Rules of Court, rule 3.1200 et seq.,
except for good cause shown or as otherwise provided by law, such as Domestic
Violence Protection Act proceedings under which orders may be issued with or
without notice as prescribed in Family Code section 6300.
(Rule 14.27 [adopted 7/1/06] amended and effective 1/1/08.)