ADA
local family rule 8

FAMILY RULE 8: DEFAULT OR UNCONTESTED JUDGMENT

    • A. GENERAL POLICY
      B. CHILD CUSTODY AND VISITATION


      A. GENERAL POLICY

      (1) All uncontested and default family law judgments shall be obtained by declaration through the Default Clerk except that a default hearing is required for nullity of marriage cases and cases where the Summons and Petition were served by publication or posting. Additionally, the Court may set a matter for default hearing or otherwise accept stipulated default Judgments at its discretion. Petitioner in default cases and at least one party in uncontested cases shall appear in person unless telephonic appearance is authorized by the All Purpose Judge prior to the hearing.

      (Eff. 7/01/14)

      (2) A Judgment Checklist for dissolution and legal separation cases (Form FL-182 ) or Family Law Parentage Judgment Checklist for parentage cases (Attachment FM-1053 ) may be completed and filed with any proposed default or uncontested judgment.

      (Eff. 7/01/14)

      (3) Default will not be entered if Respondent’s address as stated on Petitioner’s Request to Enter Default (Form No. FL-165 ) is the same as Petitioner’s address, unless Petitioner also files a declaration stating under oath that Petitioner and Respondent live at the same address.

      (Eff. 7/01/14)


      B. CHILD CUSTODY AND VISITATION

      (1) To obtain custody and visitation orders by default in a family law judgment, at least one of the following conditions must exist:

      (Eff. 7/01/14)

      a. The proposed orders are based on the Child Custody and Visitation Application (Form FL-311 ) that was attached to and filed with the Petition;

      (Eff. 7/01/14)

      b. There are existing custody and visitation orders; or

      (Eff. 7/01/14)

      c. A settlement agreement or stipulation is being filed with the proposed family law judgment

      (Eff. 7/01/14)

      If none of these conditions apply, Petitioner shall file and serve, by personal delivery, a declaration in support of the proposed orders at least 15 calendar days before the Judgment is submitted. Petitioner may use the Declaration for Default Custody and Visitation Orders form (Attachment FM-1025 ).

      (Eff. 7/01/14)




 

Family Rules of Court: Summary - 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - Appendix: A - B - C
List of attached Family local forms

 

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