To assist counsel in family law cases by providing uniform local rules governing these cases, the Superior Court of Ventura County hereby adopts these family law local rules for Ventura County. These rules are and shall be considered as orders of the court to all parties and counsel appearing in Ventura County Superior Court family law matters.

In addition to these local rules, it is expected that counsel will be familiar with the Family Law Code (effective January 1, 1994) the Family Law Rules (California Rules of Court, rule 5.10 et seq.) and such other provisions of law as may be applicable to a particular case. (Effective 7/1/06)

RULE 9.01 MATTERS ASSIGNED TO THE FAMILY LAW DEPARTMENT

All proceedings filed in the following matters are assigned to the Family Law Department, to be governed by these family law rules:

A. Proceedings related to the dissolution, nullity or legal separation of partners of a domestic partnership.

B. Matters arising from the Family Law Act, including cases where the District Attorney appears on behalf of Ventura County or any other party;

C. Matters arising from the Uniform Divorce Recognition Act;

D. Matters arising from the Uniform Child Custody Jurisdiction and Enforcement Act;

E. Matters arising from the Uniform Parentage Act;

F. Matters arising from Family Code Sections 4900 through 4978 (UIFSA);

G. Matters arising from Family Code Section 3900 (support of adult children or parents);

H. Post-dissolution judgment actions involving omitted or reserved property issues; and

I. Non-marital property right actions consolidated with Family Law Act or Uniform Parentage Act proceedings.

J. Matters arising from the Domestic Violence Prevention Act, Family Code Section 6200 et seq.

K. Requests for Order Prohibiting Civil Harassment.

L. Matters arising from the Domestic Partnership Act.  (Revised effective 1/1/06)

RULE 9.02 COMPLIANCE WITH RULES - SANCTIONS

The rules set forth in the following general rules governing the operation of this court apply unless there is a specific family law rule covering the same matter, in which case the family law rule applies. Strict compliance with these family law rules is necessary to the expeditious resolution of family law matters and is therefore mandated for all participants. A failure by counsel or a party to comply with these rules may be cause for imposition of sanctions payable to the court, the aggrieved party, or counsel, reasonable expenses, including reasonable attorney fees and costs, payable to the aggrieved party, or counsel and/or ordering a matter off calendar. (Revised effective 7/1/06)

RULE 9.03 FAMILY LAW VERTICAL CASE MANAGEMENT

A. All Ventura files whose case number ends in an even number shall be assigned to Courtroom 32. All Ventura files whose case number ends in an odd number shall be assigned to Courtroom 33. All East County cases shall be assigned to Courtroom S-2. Cases transferred from the East County Division to the Ventura Division shall be assigned vertically by the supervising judge of the Family Law Division.

B. All family law matters in which the plaintiff/petitioner or defendant/respondent resides within one of the zip codes below shall be filed in the East County Division in the Ventura Superior Court (Simi Valley): 91301, 91302, 91304, 91307, 91360, 91361, 91362, 91377, 93020, 93021, 93062, 93063, 93064, 93065. (Parties of other zip codes may stipulate to have matters heard in the East County District.)

C. In case of multiple files involving the same, or essentially the same litigants, the lowest number file shall control for purposes of assigning the matters to a department, except that when there is a domestic violence action and a dissolution action or a non-governmental paternity file, in which case the assignment shall be controlled by the dissolution case number. (Revised effective 7/1/06)

RULE 9.03.1 CASE REVIEW CONFERENCES

A. Purpose of Rule. The Court is implementing case review procedures in order to promote the prompt disposition of family law actions, to expedite the processing of the case and to reduce the stress and cost of family law litigation by offering status reviews, early resolution of issues and opportunities to settle.

B. Case Review Calendar. Upon filing of every new Family Law Petition for Dissolution, Legal Separation or Annulment of a Marriage or Domestic Partnership, the court clerk shall set the case for a Case Review Conference approximately 120 days from the date of filing.

C. Notice of Case Review Conference. Approximately 30 days prior to the Case Review Conference the court clerk shall serve all appearing parties with Notice of the Case Review Conference.

D. All appearing parties must serve and file with the court a Family Law Status Report [Local Mandatory Form VN126] at least five (5) calendar days before the Case Review Conference. For any party who files a timely Family Law Status Report no appearance is necessary at the Case Review Conference. Any party that fails to file a timely Family Law Status Report must appear for the Case Review Conference.

E. Case Review Conference. After receipt of all the Family Law Status Reports or at the Case Review Conference the Court may set further Case Review Conferences for any stage of the proceeding, set other hearings as appropriate or refer self-represented litigants to the Family Law Facilitator’s Office. (Effective 1/1/08)

RULE 9.03.2 SERVICE OF PROCESS

In all cases wherein personal service is required, service may be accomplished in any manner provided for service of process in civil actions, generally CCP 415.10 et seq. In addition, where the respondent's whereabouts are unknown, and the petitioner has used reasonable diligence to attempt to locate respondent, service may be accomplished by posting, pursuant to CCP Section 413.30, if the petitioner is indigent and therefore has noability to serve by publication. Proof of indigence will be found by having a valid fee waiver order on file. (Revised effective 1/1/08)

Ex parte applications are strongly disfavored. Whenever possible, in lieu of an ex parte order, the court will issue orders shortening time and set the matter for full hearing at the regular family law and motion calendar. However, orders shortening time are also disfavored, and must be supported by a substantial showing of need.

It is the court's policy to determine ex parte orders based on the pleadings submitted. Thus, requests for ex parte orders normally will be determined without giving either party an opportunity for oral argument or discussion with the court.

An ex parte hearing is required for all ex parte applications unless excused under rule 9.06B. Specific dates and times for ex parte hearings may be obtained by telephonic request to the Family Law Case Coordinator or the Judicial Secretary of the appropriate courtroom. Ex parte matters may also be handled as a “walk-through” without a set time arranged in advance, with appropriate notice as set forth in Rule 9.06A. However, in domestic violence cases, the court, upon a showing of good cause, may grant leave for an earlier hearing. For all matters on which a hearing is not required, the application shall be submitted to the Judicial Assistant/Courtroom Clerk. (Revised effective 1/1/08)

Except as provided in Family Code section 6300 and Code of Civil Procedure section 527.6, a party seeking an ex parte order shall give notice to all parties pursuant to California Rules of Court Rule 3.1203 absent a declaration showing exceptional circumstances why notice should not be given. The notice shall include, with specificity, the relief requested, and the date, time and courtroom where the Ex Parte request will be presented.

1. The notice required by CRC Rule 3.1203 may be excused upon establishing to the satisfaction of the court the following facts by declaration: (1) the giving of such notice would frustrate the very purpose of the order sought and lead the applicant to suffer immediate and irreparable injury; or (2) the giving of such notice is not possible, following a good faith attempt.

2. A hearing is not required and notice need not be given for applications seeking: (1) to have an order or judgment signed, where the responding party has approved the same; (2) to have an order or judgment signed where a default proceeding was the basis upon which the order or judgment was made; (3) issuance of an Order to Show Cause ("OSC") which does not request relief pending the hearing; (4) re-issuance of an OSC; (5) a wage assignment after issuance of a support order; (6) approval of an in forma pauperis fee waiver application; or (7) restoration of a former name after entry of judgment.

RULE 9.07 SERVICE AND FILING OF PLEADINGS  (Deleted effective 7/1/01)

RULE 9.08 REQUIRED PLEADINGS

A. EX PARTE APPLICATION/DECLARATION

1. Declaration re Notice. All ex-parte applications shall be accompanied by a Declaration Re Ex-Parte Notice (VN028) or by other declaration which states with specificity the name of the party noticed, the manner in which notice was given, the relief being sought and the date, time and location of the hearing or a declaration as to the exceptional circumstances why notice was not given.

2. Evidentiary Requirements. Declarations must contain facts to support requests for ex parte orders. Conclusions, feelings, wishes or fears will not adequately support an ex parte order. All declarations shall contain sufficient factual information within the personal knowledge of the declarant to adequately support the relief requested. The court will consider only those issues factually supported by declarations. If there is an insufficient factual showing to justify a particular order, the order will not be granted. Evidentiary deficiencies cannot be corrected by verbal statements to the court.

3. Nature of Request. The declarations shall contain facts that demonstrate why the matter is appropriately handled as an ex parte matter, as opposed to being heard on the court's law and motion calendar (with or without an order shortening time). Seeking ex parte relief in the absence of good cause may result in sanctions being imposed. The filing of an application for ex parte relief shall be deemed a waiver of any right to further notice prior to the imposition of sanctions.

4. Disclosure of Status Quo. There is an absolute duty to disclose the fact that a requested ex parte order will result in a change of the status quo. Absent such disclosure, attorneys' fees and costs incurred to reinstate the status quo may be awarded. (Revised effective 1/1/06)

RULE 9.09 SPECIFIC EX PARTE ORDERS

A. TEMPORARY RESTRAINING ORDERS ("TRO’s") - DOMESTIC VIOLENCE

When seeking TRO’s, the current forms adopted by the Judicial Council shall be used. These forms are the specialized Domestic Violence Forms including DV-100, DV-110 and other applicable Domestic Violence forms.

Ex Parte Residence Exclusion Orders will not be issued unless there is a clear showing of assault against or threats to assault the party seeking protection, a person under the control of the party seeking protection, or of a minor child of the parties or party, and that physical or emotional harm would otherwise result. This showing shall include a full description, in detail, of the most recent instance(s) of actual assault or threats to assault, disposition toward violence, intoxication or use of drugs or other such facts, and shall specify the date of each occurrence. The parties are referred to Family Code Section 6321 for other requirements.

Requests for orders requiring a party to stay away from the other party’s residence, place of business, or child’s school, shall indicate whether the party to be restrained is residing in the residence or has moved and the date he or she moved, and whether the order requested would be problematic due to the fact that both parties work at the same place or have good cause to go to the child’s school.

D. CUSTODY/VISITATION ORDERS

A party requesting an order establishing or modifying custody or visitation shall, by declarations, establish the following: (1) the provisions of any existing order; (2) the actual current custody arrangement; (3) the requested relief; (4) the immediate harm or irreparable injury; and (5) the status of any referral to Child Protective Services or law enforcement.

E. CIVIL HARASSMENT RESTRAINING ORDERS

When seeking civil harassment TRO's, the current forms adopted by the Judicial Council shall be used. These forms include "Petition for Injunction Prohibiting Harassment, Order to Show Cause and Temporary Restraining Order (CLETS) (Harassment)". A declaration in support of the TRO shall be included setting forth with specificity, the harassing conduct including dates, specific acts and words and any injuries suffered by the plaintiff. (Revised effective 1/1/04)

A. CALENDARING. Subject to the time requirements imposed by statute and these rules, dates for hearings on OSC’s and motions may be selected without "reserving" the date with the clerk. Available days for the Ventura division family courts are Monday, Tuesday and Wednesday. Available days for East County division family court are Monday, Wednesday and Thursday. Counsel are advised that the Ventura division family courts tend to set on Mondays the majority of matters in which litigants are representing themselves; East County division self-represented cases are set on Thursdays. Counsel are further advised that the clerk’s office may set a maximum number of cases to be heard on any given day. If the maximum number has been reached, the next available date will be assigned.

B. REQUEST FOR PRIOR REVIEW OF PLEADINGS

Deleted effective 1/1/08

C. SPECIAL CALENDARING REQUIREMENTS

1. When TRO’s are granted pending a hearing, the hearing shall be set within 25 days of the date of issuance of the TRO’s.

2. If no TRO’s have been granted and mediation is required prior to the hearing pursuant to Rule 9.31, the hearing on custody/visitation issues shall be set after the mediation appointment. However, the hearing on financial issues may be set within the normal time limits.

3. If TRO’s have been granted and mediation is required prior to the hearing pursuant to Rule 9.31, the hearing shall be set within 25 days of the date of issuance of the TRO’s. At the time of the hearing on the restraining orders, any custody/visitation issues shall be continued until after the mediation appointment.

D. INTERPRETERS

Litigants requiring interpreters must obtain their own interpreters for contested evidentiary hearings, trials and mediations. Such interpreter must be certified pursuant to Rules 20.00 and 20.01. (Revised effective 1/1/08)

RULE 9.11 FILING AND SERVICE OF PLEADINGS

A. DAILY CALENDAR

Check-In. Courtrooms shall open their doors prior to scheduled calendar call for "check-in" with the court clerk. At that time, counsel shall inform the clerk if a conference with the court is desirable or if priority is requested.

B. MANDATORY SETTLEMENT ATTEMPT

Prior to the scheduled hearing, counsel shall make good faith efforts to resolve the issues pending before the court, to exchange all information required by these rules, and to delineate those issues remaining to be presented to the court at the time of the hearing.

The law and motion calendar is designed for hearings estimated to take no longer than 30 minutes. If it is anticipated that a longer hearing will be required, participants shall so advise the court at the law and motion hearing.

D. PRESENTATION OF EVIDENCE

1. Limitations on Oral Testimony. In granting or denying applications for orders, it is the court's policy whenever possible to determine contested issues based solely on the pleadings, admissible evidence contained in declarations timely filed with the court, and arguments based thereon. All declarations shall be received in evidence at the hearing, subject to legal objections and cross examination.

E. STIPULATED CONTINUANCES

1. If the parties stipulate to a continuance of a hearing, the parties shall immediately advise the Family Law Case Coordinator or the secretary of the assigned family law judge by submitting a Request for Continuance (local form VN135), signed by both attorneys/pro per litigants, via facsimile transmission or walk-through. The Request for Continuance must be submitted to the court at least two court days before the hearing. The judicial assistant’s minute order memorializing the continuance will serve as the written record of said continuance. The fee required under Government Code section 70617(c)(1) shall be paid within ten days of submission of the Request for Continuance.

2. After one (1) continuance, as set forth in Rule 9.12.E.1 above, any further continuance of the hearing will require a showing of good cause for the continuance, and an order of the court.

3. Any specially set evidentiary hearing will be continued only on court order upon a showing of good cause.

Requests for continuances made at the time of the hearing are strongly disfavored. If a stipulated continuance cannot be obtained, a motion for continuance shall be made at the earliest possible time prior to the hearing.

G. PRESENCE OF COUNSEL

Unrepresented parties and counsel shall be present in court when the matter is called for hearing, unless they are engaged in another department and have so advised opposing counsel and the clerk of the assigned family law judge.

If the moving party or counsel is not present at the time a matter is called, the relief requested ordinarily will be denied and any affirmative relief requested by the responding party ordinarily will be heard as an uncontested matter.

I. NON-APPEARANCE OF RESPONDING PARTY

If the responding party or counsel fails to appear at the time a matter is called, and valid proof of timely service is presented, the court will hear the OSC or motion as an uncontested matter. If valid proof of timely service is not presented, the court may continue the hearing to allow the moving party to submit such proof or may take the matter off calendar.

J. MATTERS TAKEN OFF CALENDAR

After service of the moving papers, no matter shall be taken off calendar without immediate telephonic notice both to the clerk of the assigned family law judge and to the responding party. Once responding papers requesting affirmative relief have been filed, no matter shall be taken off calendar without the written consent of the responding party. (Revised effective 7/1/08)

RULE 9.13 PREPARATION OF ORDERS AFTER HEARING (Deleted effective 1/1/00)

RULE 9.14 FORM OF ORDERS

A. All Findings and Orders After Hearing, Stipulation and Orders and all Judgments shall be submitted to the court in a legible form, either hand printed or typewritten. The court reserves the right to reject any documents that the court determines to be illegible.

B. Any document exceeding one page in length which requires the signature of the court, must contain, on the signature page, verbiage from the body of the document or the case name, the case number and the title of the document. (Revised effective 7/1/97)

Awards of child support and temporary spousal or partner support allocate the income of the parties in an effort to meet the needs of all parties, recognizing that, in most cases, there is not sufficient income to sustain either party at the same standard of living that existed prior to separation. Neither the current statute governing child support nor the Santa Clara Support Schedule for temporary spousal or partner support address living expenses.

Computation of child support will be strictly in accordance with state law. All orders for child support shall specify the amount of support for each minor child in accordance with Family Code 4055(b)(7).

Ventura County has adopted the Santa Clara Support Schedule for the purposes of determining the amount of temporary spousal or partner support. The amount of temporary spousal or partner support determined under the Santa Clara Support Schedule is rebuttably presumed to be correct. In calculating the parties' incomes and various offsets for the purpose of applying the Santa Clara Support Schedule, the court will apply the principles set forth in the state child support law. (Revised effective 1/1/05)

An Income and Expense Declaration must be filed by each party with either the moving or responsive papers when support or attorneys' fees are at issue. If a previously filed Income and Expense Declaration is alleged to be current and is to be relied upon, a copy must be attached to the moving or opposing papers. All blanks on the form must be completed. Notations such "unk" for "unknown," "est" for "estimate," "N/A" for "not applicable" and "none" should be used to avoid leaving any item blank. If attorneys' fees and/or costs are requested, the paragraph pertaining to attorney's fees must be completed. (Revised effective 1/1/06)

RULE 9.17 REQUIRED SERVICE AND FILING OF PAY STUBS

Each party shall affix to his or her Income and Expense Declaration copies of his or her last two months’ pay stubs, or the most current paycheck stub if it includes the year to date gross earnings. If a Social Security number appears on the stub, the party may black out or otherwise redact the number from the stub. (Revised effective 1/1/06)

Rule 9.18 REQUIRED PRODUCTION OF ADDITIONAL FINANCIAL DOCUMENTS AT TIME OF HEARING

A. OBLIGATION OF EACH PARTY

At the time of hearing on any matter seeking child, spousal or partner support, or attorney fees and costs, each party shall have available the following documents to the extent that they are in the possession or control of that party. These documents shall not be filed with the court and shall not in any way limit discovery.

1. If the party is a wage earner or unemployed;

a. Copies of the last year’s individual federal income tax returns, including all schedules;

b. Copies of all W-2 and 1099 forms reflecting income received during the last 12 months if not attached to individual tax returns.

2. If the party is self-employed or holds a 30% or more interest in any business entity:

a. Copies of the last year’s individual federal income tax returns, partnership, corporate, or any other business entity returns including all schedules;

b. Copies of all W-2 and 1099 forms reflecting income received by the moving party or the business entity during the last 12 months but not attached to individual tax returns;

c. Copies of all periodic profit and loss statements and balance sheets prepared in the ordinary course of business either for the individual or for the business entity for the last twelve months;

B. SANCTIONS

Failure to produce documents in accordance with this rule may result in the imposition of sanctions or orders to pay reasonable attorneys' fees occasioned by the failure to comply. (Revised effective 1/1/05)

1. To set a matter at issue, local form "Request for Mandatory Settlement Conference/ Trial Setting" (VN086) shall be filed in lieu of a standard at-issue memorandum. A counter request may be filed within 10 days after service. The Mandatory Settlement Conference will then be set no earlier than the later date requested on either the Request or Counter Request, except, in no case shall the setting be more than 120 days after the filing of the Request.

2. All trials shall be set for Mandatory Settlement Conference which shall also serve as a trial setting conference. Preliminary Declarations of Disclosure, including any updates or augments, shall be served no less than five (5) days before the Mandatory Settlement Conference. Declarations Regarding Service of Preliminary Declaration of Disclosure, settlement conference statements and, if there has been a significant change from the previous filing, a current Income and Expense Declaration shall be served and filed no less than five days before the Mandatory Settlement Conference. Counsel’s settlement conference statement shall provide that if the other side is represented by counsel, the parties have met and conferred and identify the particular issues in dispute.

3. All counsel or persons appearing in pro per shall appear at the designated time and courtroom and shall be fully prepared to enter into meaningful settlement discussions. All parties shall be immediately available, in person or by telephone, so that any settlement, full or partial, can be placed on the record. Failure to appear at the conference or failure to participate in good faith may result in sanctions to the court.

4. Counsel shall immediately notify the court of settlement prior to the scheduled conference.

5. The Mandatory Settlement Conference shall not be continued except for good cause shown by declaration.

6. If the Mandatory Settlement conference does not resolve all issues the Court will only set the matter for trial upon a showing that the case is ready for trial.

B. UNCONTESTED OR DEFAULT TRIALS.

1. Setting for Default prove-up hearing. Default matters may be set for prove-up hearing by submitting a Request to Enter Default (FL-165) to the clerk at the Family Law filing window and requesting a Default Hearing.

2. Documents required for Default Hearings: The following documents must be filed before or concurrently with the Request to Enter Default (FL-165).

a. If child support, spousal support, partner support, costs or attorney fees are requested, a fully completed Income and Expense Declaration (FL-150) or Financial Statement, Simplified (FL-155) is required. If an order for division of property of debts is requested, a Property Declaration (FL-160) is required.

b. Proof of service of Summons.

c. Declaration re: Service of Preliminary Declaration of Disclosure (FL-141) (not applicable to Uniform Parentage Actions).

d. Declaration re: Service of Final Declaration of Disclosure (FL-141) or waiver of this requirement as provided in subdivision (d) of Section 2105 or in Section 2100 of the Family Code (not applicable in Uniform Parentage Actions). Local form VN-131 may be used to satisfy the waiver requirement.

3. Proposed Judgment. On reporting to the courtroom to which a default matter has been assigned, counsel or parties representing themselves shall provide the original of the proposed judgment, including any marital settlement agreement, to the judicial assistant in the courtroom. The judgment shall be completed in full, with the exception of any child, spousal or partner support, or attorney fees, which may be addressed by the court at the hearing.

4. Uncontested or Default matters without hearing may be processed through the clerk at the Family Law filing window.

5. The following documents are required for default matters without hearing:

a. All of the documents listed in B-1 above.

b. A Declaration for Default or Uncontested Dissolution/Legal Separation (FL-170) or Declaration for Default or Uncontested Judgment (FL-230) for Uniform Parentage Actions.

c. Judgment (FL-180) or (FL-250 Uniform Parentage Action) with either a Settlement Agreement signed by both parties with the Respondent’s signature notarized or the appropriate Judicial Council forms attached.

d. Notice of Entry of Judgment (FL-190) with stamped envelopes addressed to the parties or their attorney of record.

6. The following documents are required for Uncontested matters:

a. Declaration re: Service of Preliminary Declaration of Disclosure (FL-141) filed by each party (not applicable to Uniform Parentage Actions).

b. Declaration re: Service of Final Declaration of Disclosure (FL-141) from each party or waiver of this requirement executed by both parties as provided in subdivision (d) of Section 2105 of the Family Code (not applicable to Uniform Parentage Actions).

c. A separate written declaration executed by both parties that the matter may be treated on an uncontested basis or an Appearance, Stipulation & Waivers (FL-130).

d. A Declaration for Default or Uncontested Dissolution/Legal Separation (FL-170) or Declaration for Default or Uncontested Judgment (FL-230) for Uniform Parentage Actions.

e. Judgment (FL-180) with a Marital Settlement Agreement or Stipulated Judgment signed by both parties attached or Judgment (FL-250) with Agreement or Stipulations attached for Uniform Parentage Actions.

f. Notice of Entry of Judgment (FL-190) with stamped envelopes addressed to the parties or their attorney of record.

7. If any party is receiving public assistance, that information shall be disclosed on the Declaration for Default or Uncontested Dissolution/Legal Separation (FL-170) or Declaration for Default or Uncontested Judgment (FL-230) and the local child support agency shall sign the proposed Judgment.

C. CONTESTED TRIALS

1. Purpose of Rules; Duties of Counsel. The purpose of these rules is to insure that contested domestic relations matters are thoroughly prepared and expeditiously tried, and to avoid using the trial itself as a vehicle for what should be pretrial deposition, discovery and settlement procedures. Counsel shall resolve as many issues by stipulation as possible.

2. Relief from Rules. Relief from the operation of these rules relating to contested trials may be had in appropriate cases, but only on motion and for good cause shown.

3. Trial Briefs. Trial briefs may be submitted to the court and opposing counsel at the time of trial. Trial Briefs shall specify each party's contentions as to child custody and visitation, as to amount and duration of child, spousal or partner support and as to the characterization and division of community property and community debt.

4. Income and Expense Declaration. The updated Income and Expense Declaration for trial purposes shall have attached documents showing both the balance of each obligation at the date of separation and the date closest available to trial. Such documents shall have been filed and served at least seven (7) days prior to trial. Service by mail under this rule does not require the addition of five days for mailing.

5. Final Declaration of Disclosure Pursuant to Family Code 2105. Final Declarations of Disclosure shall be served no later than 45 days before the first assigned trial date unless mutually waived by the parties. Declarations Regarding Service of the final Declaration of Disclosure shall be filed no less than seven (7) days before the assigned trial date.

6. Request for Court Reporter. It is recommended that a request for a court reporter

be made at least two court days prior to the scheduled trial to the Judicial Assistant/Courtroom Clerk, in order to insure availability.

7. Any request to continue a scheduled trial, whether by stipulation or not, shall be made to the court with a showing of good cause. (Revised effective 1/1/08)

RULE 9.20 FAMILY LAW FACILITATOR

A. Pursuant to Family Code Section 10000 et seq., the County of Ventura shall maintain an office of family law facilitator. Services provided by the family law facilitator shall include, but are not limited to, the following:

1. Providing educational materials to parents concerning the process of establishing parentage and establishing, modifying and enforcing child, spousal or partner support in the court;

2. Distributing necessary court forms and voluntary declarations of paternity;

3. Providing assistance in completing forms;

4. Preparing support schedules based upon statutory guidelines;

5. Providing referrals to the Department of Child Support Services, family court services, and other community agencies and resources that provide services for parents and children.

B. In addition, services provided by the family law facilitator may include, but are not limited to the following:

1. Meeting with litigants to mediate issues of child, spousal or partner support, and maintenance of health insurance;

2. Drafting stipulations to include all issues agreed to by the parties;

3. If the parties are unable to resolve the 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 judge whether or not the matter is ready to proceed;

4. Assisting the clerk in maintaining records;

5. Preparing formal orders consistent with the court’s announced order in cases where both parties are unrepresented;

6. Serving as special master in proceedings and making findings to the court unless he or she has served as a mediator in that case;

7. Providing services as set forth in Family Code section 10100 et seq., the Friends of the Court Act;

8. Assisting the court with research and any other responsibilities which will enable the court to be responsive to the litigants’ needs;

9. Developing programs for bar and community outreach through day and evening programs, videotapes and other innovative means that will assist unrepresented and financially disadvantaged litigants in gaining meaningful access to family court. (Revised effective 1/1/05)

RULE 9.21 GRIEVANCE PROCEDURE

If a party alleges that an unprofessional or inappropriate act has occurred on the part of the Family Law Facilitator during the course of providing assistance, he or she must first contact the Senior Family Law Facilitator to resolve any immediate complaints. If the party wishes to address the complaint to a Supervisor after speaking with the Senior Family Law Facilitator, the party may obtain a Complaint Resolution Form from the clerk in the Family Law Self-Help Center. The completed form should be returned to the Court’s Administrative Office in Room 206 of the Superior Court. The Deputy Executive Officer in charge of the Family Law Facilitator’s Office shall review the form and decide the appropriate course of action to resolve the complaint. (Revised effective 1/1/06)

(RULES 9.22 - 9.29 RESERVED)

FAMILY LAW MEDIATION

RULE 9.30 MEDIATION

A. INTRODUCTION

1. Mediation of disputes over custody, visitation, or both, is required by law and provided by the Ventura County Family Court Services section of the Superior Court. Family Court Services also provides investigations pursuant to section 3110 et seq. of the Family Code to help resolve disputes over parenting plans. Investigation is a separate function from that of mediation and may not be ordered unless an attempt is first made to settle a case through mediation. See Rule 9.36 and California Rule of Court 5.220 for further information on child custody evaluations.

2. If child custody or visitation is an issue in any family law proceeding, Family Code section 3170 requires mediation before any hearing on those issues. Additionally, the Ventura County Family Courts require parties involved in the dispute to attend Family Court Orientation prior to any mediation. It is within the discretion of the court to cancel the mediation if neither party attends the scheduled orientation. Orientation is waived for any party who must travel more than 250 miles. There is no fee for Orientation. DO NOT BRING CHILDREN TO ORIENTATION.

3. Only by written agreement of all parties or prior court order shall a mediation be canceled, continued, or advanced.

4. In accordance with California Family Code Section 3183, where mediation has not resulted in a full agreement between the parties on all custody and visitation issues, the mediator may recommend the following, with or without the stipulation of the parties:

a. A parenting plan, addressing issues of legal and physical custody, visitation or time share, and other orders related to the best interests of the child(ren);

b. More mediation time is needed;

c. Appointment of an attorney to represent the children under Family Code section 3150;

d. A psychological evaluation of the parties under Evidence Code section 730;

e. An investigation or evaluation pursuant to Family Code section 3111; and,

f. Restraining orders be issued to protect the well-being of the child(ren) involved in the controversy under Family Code section 3183(c).

5. Absent full disclosure and written consent, a mediator shall not participate in the mediation process if an attorney-client or psychotherapist-patient relationship or any business relationship exists or existed between the mediator and any party, counsel or witness.

6. There shall be no ex parte communication between the mediator and the court without appropriate prior notice to both parties and/or their attorneys providing an opportunity to appear and be heard except as provided in the provisions of Family Code section 216. (Revised effective 7/1/06)

Whenever a case involves a dispute over parental responsibilities or custody or visitation, the matter shall be referred to Family Court Services for mediation. Except for temporary orders pending mediation, the mediation session must occur prior to any court hearing on the issues. (Revised effective 7/1/97)

RULE 9.32 SETTING A MATTER FOR MEDIATION

A. PROCEDURE. When it appears a case involves a dispute over parental responsibilities or custody or visitation, counsel or an unrepresented party shall set the matter for mediation prior to a court hearing on the issue. The party requesting mediation shall so indicate on their complaint, moving or responsive papers before filing with the court. At the time of filing, the requesting party will be given a Mediation Information Sheet, setting forth the time and place of the mediation and of the orientation appointments for each party. In addition parties shall be required to complete a Mediation Intake Questionnaire. It shall be the responsibility of the requesting party to schedule the appointment, and to give notice to the other party or their counsel at least ten days before the appointment. The Mediation Intake Questionnaire form is available from the court clerk's office.

B. It is within the discretion of the court to hear other issues in the same case prior to the mediation. It is further within the discretion of the court to make temporary orders to insure that both parents have custodial time with the children pending mediation.

C. If at the time of hearing a matter has not been to mediation due to the moving party's lack of knowledge that parental responsibility or access was in dispute, or the parties being unfamiliar with procedure, the court may refer the matter to mediation and continue the hearing in order to allow for mediation prior to such hearing. The court shall also have the discretion to order mediation the same day in an emergency or when it is deemed by the court that it would be a burden to the parties not to proceed the same day.

D. The assignment of any particular case to one of the mediators will be solely at the discretion of the manager of Family Court Services.

E. OBJECTION TO A PARTICULAR MEDIATOR:

1. If a party to a new mediation objects to being assigned to a particular mediator, the

party or his or her counsel must make note of such objection and make a request for a

different mediator to the Family Court Services at the first possible date after knowledge of the mediation assignment. Such objection or request will be honored only one time per party per case. Failure to make such peremptory challenge in a timely manner will constitute a waiver of that challenge.

2. If a party to a previously mediated matter objects to reassignment to the prior mediator, that party, or his or her counsel, must make note of such objection and make a request for a co-mediation to the Family Court Services at the first possible date as set forth in E.1., above. The mediation will then be scheduled for co-mediation, with the original mediator and another member of the mediation staff. The co-mediator will be selected by the supervising mediator. This procedure shall be followed whether the objection is to the mediation supervisor or to another member of the mediation staff. Such request shall be honored only one time per party per case. Failure to make such request for a co-mediation in a timely manner shall constitute a waiver of that challenge.

F. Absent a court order to the contrary, children six years of age and older who are the subject of a dispute shall always be brought to the mediation session. The court may impose sanctions for the wilful failure to produce a child on the party who has the ability to do so. Children under the age of six years of age shall not be brought to mediation unless the mediator assigned to the case specifically directs that they attend, or by order of the court. Comments of the children to the mediator shall be treated in the same manner as those of the parents.

G. If an interpreter is required to conduct the mediation process, it is the responsibility of the party needing the interpreter to provide one. The interpreter shall be over the age of 18. A family member should not be used as the interpreter without the consent of the other party and opposing counsel. The interpreter's role shall be strictly limited to that of interpreting, not offering opinions or suggestions. (Revised effective 7/1/01)

RULE 9.33 MEDIATION PROCESS

A. In all cases in which there is a dispute as to custody and/or visitation, the parties may stipulate to private mediation instead of having the Ventura Superior Court Family Court Services Department conduct mediation pursuant to Family Code section 3170. Should the parties elect to participate in private mediation, they shall enter into a written stipulation. The form "Stipulation and Order for Private Mediation" shall be mandatory and may be obtained in the office of the Clerk of the Ventura Superior Court. Any private mediator shall meet the minimum statutory requirements of a court mediator.

B. Attorneys need not be present at the commencement of mediation but shall be available by telephone during mediation and shall be present in the mediation department for the last half hour of the mediation. Attorneys shall not be present for any private mediation unless otherwise stipulated by the parties and counsel. The last half hour of mediation is defined as follows:

1. If mediation begins at 8:15 a.m., the last half hour of mediation is from 10:00 a.m. to 10:30 a.m.;

2. If mediation begins at 1:15 p.m., the last half hour of mediation is defined as 4:00 p.m. to 4:30 p.m.;

3. Or at another time as directed by the mediator.

C. In all court meditations, the mediator shall, in conducting the mediation, be limited to those documents timely filed with the court. Except as otherwise required by California Rules of Court, rule 5.215 the mediator shall not contact any outside source unless both parties and counsel, if represented, give written consent to the contact, specifying (a) the source to be contacted, and (b) the subjects which the mediator is authorized to discuss with such outside source. It is the responsibility of each party to arrange for proposed collateral contacts to be available by telephone during the mediation appointment.

D. In all custody/visitation disputes, by stipulation of the parties and counsel and by order of the court, mediation may not be required if there is a dispute as to child custody and/or visitation if one of the following conditions is met:

1. The same issue has been addressed in a mediation session within the past six (6) months;

2. The dispute involves only issues of logistics, or procedure so that the input of a mental health professional is of no particular assistance.

3. In either of the above circumstances, the court may order the parties to mediation.

4. Except for good cause shown, the fact that the parties continue to reside in the same home shall not constitute a reason to preclude mediation, if mediation will assist the parties in planning for their separation.

E. Possession of tape recording devices or weapons of any type are not permitted at mediation.

F. Mediation sessions are to be conducted with only the parties and the children; however, the mediator has the discretion to include other significant persons involved with the family if he or she believes inclusion is helpful to resolution.

G. All cases involving allegations of domestic violence, with current restraining orders, shall be screened by a mediator for determining the necessity for separate waiting areas for the parties, and separate mediation to insure safety and facilitate mediation.

H. Support persons will be permitted to attend as provided by Family Code section 6303.

I. The mediator may meet with the parties separately or together in a joint session, except as provided in the provisions of Family Code section 3177, in order to isolate the points of agreement and disagreement in an effort to settle the dispute.

J. The mediator shall also interview any child(ren) age six or older, to assess their needs and interests.

K. Upon completion of the mediation, the mediator shall complete a "Report of Mediator" which will inform the court as to whether or not there is an agreement, a partial agreement, or a recommendation specific to the following areas:

1. A parenting plan, addressing issues of legal and physical custody, visitation or time share, and other orders related to the best interests of the child(ren);

2. More mediation time is needed;

3. A child custody investigation or evaluation of this family pursuant to Family Code section 3110 is indicated;

4. A psychological evaluation of the parties;

5. An attorney for the child is indicated; or

6. The issuance of restraining orders to protect the well-being of the child(ren).

L. Following the mediation session, pursuant to rule 9.33B, the mediator shall meet with counsel and/or unrepresented parties in person to communicate the results of the session, as indicated in the "Report of Mediator".

1. If the parties have reached an agreement, the mediator will convey the terms of that

agreement to the parties and/or counsel. An agreement requires the consent of all parties to the mediation, their attorneys, if represented, and any attorney appointed for the minor child(ren).

2. If no agreement has been reached the mediator shall advise the parties of any recommendation being made and may make that recommendation to the court. The mediator may be called as a witness by either party, subject to the right of cross-examination by the other. (Revised effective 7/1/06)

RULE 9.34 MEDIATION ORDERS

Stipulations and proposed orders which have been signed by both parties and their counsel shall be forwarded to the family law judge for issuance of the order. (Effective 1/1/97)

RULE 9.35 GRIEVANCE PROCEDURE

If a party alleges that an unprofessional or inappropriate act has occurred on the part of the mediator during the course of the mediation, he or she should bring that to the attention of the court by writing a letter to the court or through filing a motion. The court, in assessing the complaint, may ask Family Court Services to evaluate the complaint and report back to the court.

The court will determine whether a new mediator is to be appointed. If the mediator is a Family Court Services Mediator Investigator, complaints may be filed with the managing mediator. (Revised effective 1/1/01)

COURT ORDERED CHILD CUSTODY EVALUATIONS

RULE 9.36 COURT ORDERED CHILD CUSTODY EVALUATIONS

A. Court appointed evaluators shall abide by the requirements of Rule 5.220 Uniform Standards of Practice for Court Ordered Child Custody Evaluation in the California Rules of Court.