General Provisions of the Family Code

Division 2 of the Family Code deals with general provisions. Part 1 concerns jurisdiction and Section 200 states that the superior court has jurisdiction in proceedings under this code.

Part 2 concerns general procedural provisions. Section 210 says that the rules of practice and procedure applicable to civil actions generally apply to, and constitute the rules of practice and procedure in, proceedings under this code.

Section 211 authorizes the Judicial Council to provide by rule for the practice and procedure in proceedings under this code. Section 211.5 requires a court to provide self-identified veterans with a list of resources for veterans, including information about how to contact the local office of the Department of Veterans Affairs.

Section 212 requires a petition, response, application, opposition, or other pleading filed with the court under this code to be verified. 

Section 213 states that, in a hearing on an order to show cause, or on a modification thereof, the responding party may seek affirmative relief alternative to that requested by the moving party, on the same issues raised by the moving party, by filing a responsive declaration within the time set by statute or rules of court. Also, this section applies to three specified proceedings.

Section 214 allows the court, when it considers it necessary in the interests of justice and the persons involved, to direct the trial of any issue of fact joined in a proceeding under this code to be private, and may exclude all persons except the officers of the court, the parties, their witnesses, and counsel.

Section 215 states that, after entry of a judgment of dissolution of marriage, nullity of marriage, legal separation of the parties, or paternity, 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. For the purposes of this section, service upon the attorney of record is not sufficient.

In addition, a postjudgment motion to modify a custody, visitation, or child support order may be served on the other party or parties by first-class mail or airmail, postage prepaid, to the persons to be served. However, this section does not apply if the court has ordered an issue or issues bifurcated for separate trial in advance of the disposition of the entire case.

Section 216 provides that, in the absence of a stipulation by the parties to the contrary, there is no ex parte communication between the attorneys for any party to an action and any court-appointed or court-connected evaluator or mediator, or between a court-appointed or court-connected evaluator or mediator and the court, in any proceedings under this code, except with regard to the scheduling of appointments. In addition, certain subdivisions do not apply in three specified situations.

Section 217 states that, at a hearing on any order to show cause or notice of motion brought pursuant to this code, absent a stipulation of the parties or a finding of good cause, the court is required to receive any live, competent testimony that is relevant and within the scope of the hearing and the court may ask questions of the parties. In appropriate cases, a court may make a finding of good cause to refuse to receive live testimony and state its reasons for the finding on the record or in writing.

Section 218 specifies that, with respect to the ability to conduct formal discovery in family law proceedings, when a request for order or other motion is filed and served after entry of judgment, discovery automatically reopens as to the issues raised in the postjudgment pleadings currently before the court.