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CALIFORNIA PROCEDURE- SUMMARY OF STATUTES
(provided by Glen Rabenn, Esq.)
MODIFICATION OF ORDERS AFTER FINAL DECREE - NOTICE REQUIRED
AMENDED: Family Code 215
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EXISTING: After entry of a judgment of dissolution of marriage, nullity of marriage, or legal
separation of the parties or after a permanent order in any other proceeding in
which there was at issue the visitation, custody, or support of a child, no
modification of the judgment or order, and no subsequent order in the
proceedings, is valid unless any prior notice otherwise required to be given to a
party to the proceeding is served, in the same manner as the notice is otherwise
permitted by law to be served, upon the party.
NEW: Paternity actions are now included in this statute.
AMENDED: Family Code 243
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EXISTING: If the court has issued temporary restraining orders or protective orders without
notice pending the hearing, the moving papers must be on the respondent, at least
two days before the hearing.
NEW: The service requirement has been increased to five days.
AMENDED: Family Code 10003, 10005
ADDED: Family Code 10013, 10014, 100015
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EXISTING: Each superior court is required to maintain an office of the family law facilitator
to provide specified services to parties to family law actions in which temporary
or permanent child support, spousal support, or health insurance are at issue.
NEW: Availability in custody cases: The family law facilitator's services will also be
available in actions involving child custody or visitation, if funding is available.
No Attorney-Client Relationship: The family law facilitator is not to represent any party. The family law facilitator shall give conspicuous notice that no attorney- client relationship exists between the facilitator, its staff, and the family law litigant. The notice is to include the advice that the absence of an attorney-client relationship means that communications between the party and the family law facilitator are not privileged and that the family law facilitator may provide services to the other party. (F.C. 10013)
Ban on Public Comments: A person employed by, or directly supervised by, the family law facilitator is not to make any public comment about a pending or impending proceeding in the court as provided in Canon to 3(B)(9) of the Code of Judicial Ethics. All persons employed by or directly supervised by the family law facilitator shall be provided a copy of that canon, and shall be required to sign an acknowledgment that he or she is aware of its provisions. (F.C. 10014)
Forms: The Judicial Council is required to create forms to advise the parties of the types of services provided, that there is no attorney-client relationship, that the family law facilitator is not responsible for the outcome of any case, that the family law facilitator does not represent any party and will not appear in court on the party's behalf, and that the other party may also be receiving information and services from the family law facilitator.(F.C. and 10015)
COMMENT: Canon to 3(B)(9) of the Code of Judicial Ethics provides as follows: "A judge shall not make any public comment about a pending or impending proceeding in any court, and shall not make any non-public comment that might substantially interfere with a fair trial or hearing. The judge shell requires abstention on the part of Court Personnel subject to the judge's direction and control. This can does not prohibit judges from making statements in the course of their official duties or from explaining for public information the procedures of the court, and does not apply to proceedings in which the judge is a litigant in a personal capacity. Other than cases in which the judge has personally participated, this can does not prohibit judges from discussing in legal education programs and materials, cases and issues pending in appellate courts. This educational exemption does not apply to cases over which the judge has presided or to comments or discussions that might interfere with a fair hearing of the case."
AMENDED: Family Code 15010, 15012
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EXISTING: Until January 1, 2003, Family Law Information Centers have been established in
three pilot project courts for the purpose of providing information to
unrepresented low-income family law litigants. In superior courts with a family
law facilitator, in at least one pilot project court the Family Law Facilitator staff
and are to provide the services of the family law information center. The program
is administered by the Judicial Council. These provisions will be repealed on
January 1, 2003.
NEW: The amendments to the Family Law Facilitator Act, discussed above, confirming the absence of an attorney-client relationship and a ban on public comment, have been applied to Family Law Information Centers as well. The date for the repeal of the program has been extended to January 1, 2004.
Glen Rabenn, Attorney at Law located at
http://www.divorcenet.com/ca/rabenn.html
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Recommended Resources:
California Divorce Source
California Divorce Laws
California Community Forum
California Divorce Resources
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