Title
Title
Rules and Forms | Family and Juvenile Law: Technical Changes (Action Required)
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Summary
Summary
Judicial Council staff have noted minor errors in five forms and recommend revising them to make nonsubstantive technical changes and corrections to improve their accuracy and to avoid causing confusion for court users, clerks, and judicial officers.
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Recommendation
Recommendation
Judicial Council staff recommend that the Judicial Council, effective January 1, 2025:
1. Revise Continuation of Property Declaration (form FL-161) to:
• Substitute the correct form number;
• In the footer on page 1, state, “Form Adopted for Mandatory Use”; and
• Add “(mm/dd/yyyy)” to the “DATE INCURRED” column on page 2 for consistency with the “DATE ACQUIRED” column on page 1;
2. Revise Declaration Regarding Address Verification--Postjudgment Request to Modify a Child Custody, Visitation, or Child Support Order (form FL-334) to:
• Update the format of the caption;
• Correct item 3a to delete the duplicate word “current”;
• Correct item 3b(1) so that the language is consistent with the language in item 3a about the time frame within which the party obtained the address for service, as follows: “I contacted the other party directly within the past 30 days and he or she gave me the above address. The other party gave me the address listed in item 3a within 30 days before the request was served”;
• Correct item 3b(2) similarly, as follows: “I have been at that address in connection with a custody and visitation or other matter within the past 30 days. I have been at the address listed in item 3a within 30 days before the request was served”; and
• Revise item 3b(4) to replace “he or she” with “the other party” so that the item is gender neutral;
3. Revise Order for Child Support Security Deposit and Evidence of Deposit (form FL-400) to replace the terms “obligor” and “obligee” with, respectively, “parent ordered to pay support” and “person ordered to receive support” to be consistent with the updated terminology in other governmental child support forms approved by the council effective January 1, 2020 (e.g., Stipulation and Order (form FL-625));
4. Revise Background on Release of Information to Medical Board of California (form JV-228-INFO) at item 1 to correct “renewing the data” to “reviewing the data”; and
5. Revise Order on Request to Reschedule Restraining Order Hearing (form JV-253) to:
• Correct the title of the form in the footer on pages 2 and 3 by removing the word “Temporary” as the form is used to reschedule restraining order hearings and the inclusion of the word “temporary” in the footer on these pages is in error; and
• Correct item 4b on page 1 by changing “retraining order” to “restraining order.”
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