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Notice Of Motion And Declaration For Joinder Of Other Parent In Governmental Action (Governmental) Form. This is a California form and can be use in Family Law - Governmental Judicial Council.
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Tags: Notice Of Motion And Declaration For Joinder Of Other Parent In Governmental Action (Governmental), FL-661, California Judicial Council, Family Law - Governmental
FL-661
GOVERNMENTAL AGENCY (under Family Code, §§ 17400, 17406) or
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
TELEPHONE NO.:
FOR COURT USE ONLY
FAX NO.:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT:
CASE NUMBER:
NOTICE OF MOTION AND DECLARATION
FOR JOINDER OF OTHER PARENT IN GOVERNMENTAL ACTION
This form should be used only if a parent is receiving child support services through the local child support agency, and the parent is
not listed as a party in the support order or judgment. Instructions for this form begin on page 4.
1. TO:
Local Child Support Agency and
Defendant
Other Parent (specify name):
2. This motion seeks to join the Other Parent as a party. A hearing on this motion for joinder will be held as follows:
a. Date:
Time:
b. The address of the court is:
Dept.:
Div.:
same as noted above
Room:
other (specify):
Date:
(TYPE OR PRINT NAME)
(ATTORNEY OR PARTY WITHOUT ATTORNEY)
DECLARATION
3. The Other Parent to be joined as a party is (name):
4. The Other Parent has requested or is receiving support enforcement services of the local child support agency and has not
previously been joined as a party.
5.
An Order to Show Cause (form FL-300) or Notice of Motion (form FL-301) requesting support, custody, visitation, or
restraining order has been filed along with this motion.
6. a.
b.
7.
There are no other family law cases in which custody or visitation orders have been made and in which both parents
are parties.
Both parents are parties in the following family law cases:
Name and county of court
Case number
Other (specify):
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(SIGNATURE OF DECLARANT)
(TYPE OR PRINT NAME)
Page 1 of 5
Form Approved for Optional Use
Judicial Council of California
FL-661 [Rev. January 1, 2003]
NOTICE OF MOTION AND DECLARATION
FOR JOINDER OF OTHER PARENT IN GOVERNMENTAL ACTION
Family Code, § 17404
www.courtinfo.ca.gov.
(Governmental)
2002 © American LegalNet, Inc.
PETITIONER/PLAINTIFF:
CASE NUMBER:
RESPONDENT/DEFENDANT:
OTHER PARENT:
NOTICE TO THE "OTHER PARENT"
If this motion is granted, the "Other Parent" will become a party to this action. Either parent may then raise issues
concerning support, custody, visitation, and restraining orders. Other issues may not be raised in this action. Either
parent can go to court to modify the support order, but the local child support agency must first be given notice of the
hearing date.
You can also go to court to enforce your support order, but you must first give the local child support agency advance
notice that you intend to file your own enforcement action. (See form FL-645.) If the local child support agency does not
respond to your notice within 30 days, or if the local child support agency notifies you that you can proceed, you may then
file your own enforcement action as long as all support is payable through the local child support agency office.
You should tell the local child support agency everything you know about the Obligor's earnings and assets. If you receive
welfare, the local child support agency may agree to settle any parentage or support issues. If you do not receive welfare,
the local child support agency cannot settle any support issue without your consent. The local child support agency also
cannot negotiate, settle, or contest any issues of custody, visitation, or restraining orders.
Page 2 of 5
FL-661 [Rev. January 1, 2003]
NOTICE OF MOTION AND DECLARATION
FOR JOINDER OF OTHER PARENT IN GOVERNMENTAL ACTION
(Governmental)
2002 © American LegalNet, Inc.
PETITIONER/PLAINTIFF:
CASE NUMBER:
RESPONDENT/DEFENDANT:
OTHER PARENT:
PROOF OF SERVICE
1. At the time of service I was at least 18 years of age and not a party to the legal action.
2. My residence or business address is (specify):
3. I served a copy of the foregoing Notice of Motion and Declaration as follows (check either a or b for each person served):
a.
Personal delivery. I personally delivered a copy and all attachments as follows:
Name of party or attorney served:
Name of local child support agency served:
(1)
(2)
(a) Address where delivered:
(b) Date delivered:
(c) Time delivered:
b.
(a) Address where delivered:
(b) Date delivered:
(c) Time delivered:
Mail. I am a resident or employed in the county where the mailing occurred.
(1) I enclosed a copy in an envelope and
(a)
deposited the sealed envelope with the United States Postal Service with the postage fully prepaid.
(b)
placed the envelope for collection and mailing on the date and at the place shown below, following our
ordinary business practices. I am readily familiar with this business's practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with
postage fully prepaid.
(2) The envelope was addressed and mailed as follows:
Name of party or attorney served:
(a)
(b)
Name of local child support agency served:
(i) Address:
(i) Address:
(ii) Date mailed:
(iii) Place of mailing (city and state):
(ii) Date mailed:
(iii) Place of mailing (city and state):
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF PERSON WHO SERVED MOTION)
Page 3 of 5
FL-661 [Rev. January 1, 2003]
NOTICE OF MOTION AND DECLARATION
FOR JOINDER OF OTHER PARENT IN GOVERNMENTAL ACTION
(Governmental)
2002 © American LegalNet, Inc.
INFORMATION SHEET FOR NOTICE OF MOTION AND DECLARATION
FOR JOINDER OF OTHER PARENT IN GOVERNMENTAL ACTION
Please follow these instructions to complete the Notice of Motion and Declaration for Joinder of Other Parent in
Governmental Action (form FL-661) if you do not have an attorney representing you. Your attorney, if you have one,
should complete this form.
If this motion is granted, the "Other Parent" will become a party to this action. Either parent may then raise issues
concerning support, custody, visitation, and restraining orders. Other issues may not be raised in this action. The local
child support agency cannot assist you with or negotiate, settle, or contest any issues of custody, visitation, or restraining
orders. Either parent can go to court to modify the support order, but the local child support agency must first be given
notice of the hearing date. The Other Parent can also file an action to enforce the support order, but only after giving
advance notice to the local child support agency.
This form should be used if a parent is receiving child support services through the local child support agency's
office, but the parent is not listed as a party in the support order or judgment. If both parents' names are listed on
your most recent support order or judgment as a Petitioner/Plaintiff, Respondent/Defendant, or Other Parent you do not
need to complete this motion. If you do not have a copy of your most recent support order or judgment, you can get one
from either the court clerk or the local child support agency.
You must file the completed motion with the court clerk. The address of the court clerk is the same as the one shown for
the superior court on your most recent support order or judgment. You may have to pay a filing fee. If you cannot afford to
pay the filing fee, contact the court clerk. Keep three copies of the filed motion. Serve one copy on the Other Parent
with a blank Responsive Declaration to Motion for Joinder of Other Parent—Consent Order of Joinder (form
FL-662), serve the second copy of the motion on the local child support agency, and keep the third copy for your
records. (See Information Sheet for Service of Process form FL-611.)
INSTRUCTIONS FOR COMPLETING THE NOTICE OF MOTION FOR JOINDER OF OTHER PARENT (TYPE OR
PRINT ON FORM IN BLACK INK)
Front page, first box, top of form on left side: Print your name, address, and phone number in this box.
Front page, second box on left side: Print the name of the county in which the legal action is filed and the court's address
in this box. Use the same address for the court that is on your most recent support order or judgment.
Front page, third box on left side: Print the names of the Petitioner/Plaintiff, Respondent/Defendant, and Other Parent in
this box. Use the same names listed on your most recent judgment or order. Print the name of the parent who is being
joined as a party in the space for "Other Parent."
Front page, first box, top of form on right side: Leave this box blank for the court's use.
Front page, second box on right side: Print the case number in this box. This number is also stated on your most recent
judgment or order.
1. Check the box for the Defendant if you are not the defendant, or check the box for the Other Parent and print the other
parent's name in the space provided if you are not that parent.
2. a. You must contact the court clerk's office and ask that a hearing date be set for this motion. The court clerk will give
you the information you need to complete this section.
b. Check the first box if the address of the court where the hearing will be held is the same as the one you put at the
top of the notice. Check the second box if the address of the court where the hearing will be held is different from
the one you put at the top of the notice. Print the different court address in the space.
Enter the date and your name, and sign the form.
3. Print the name of the parent who is being joined as a party. This name should be the same as the "Other Parent" at the
top of the motion.
Page 4 of 5
FL-661 [Rev. January 1, 2003]
NOTICE OF MOTION AND DECLARATION
FOR JOINDER OF OTHER PARENT IN GOVERNMENTAL ACTION
(Governmental)
2002 © American LegalNet, Inc.
Information Sheet (continued)
4. You are stating that the Other Parent has not been a party and that he or she has applied for or is receiving services
through the local child support agency.
5. Check this box if you are also filing an Order to Show Cause or Notice of Motion requesting support, custody, visitation,
or restraining orders.
6. a. Check this box if neither parent has filed a dissolution action against the other parent and, to the best of your
knowledge, the parents are not both parties in any other family law case.
b. Check this box if the parents are both parties in another family law case, such as a dissolution action. Fill in the
name of the court, the county where it is located, and court case number for any other family law cases involving
both parents. You can get this information from the order or judgment from those actions. If you do not have a copy
of the order or judgment, you may go to the court clerk's office to get a copy.
7. Check this box if you have other information to provide. In the space provided, explain what the information is.
You must date the form, print your name, and sign the form under a penalty of perjury. When you sign the form, you are
stating that the information you have provided is true and correct.
Top of second page, box on left side: Print the names of Petitioner/Plaintiff, Respondent/Defendant, and Other Parent in
this box. Use the same names listed on the front page.
Top of second page, box on right side: Print the case number in this box. Use the same number as on the front page.
The Notice to the "Other Parent" on this page explains what it means for the parent to be joined as a party.
Top of third page, box on left side: Print the names of Petitioner/Plaintiff, Respondent/Defendant, and Other Parent in this
box. Use the same names listed on the front page.
Top of third page, box on right side: Print the case number in this box. Use the same number as on the front page.
Instructions for how to serve this motion are in the Information Sheet for Service of Process (form FL-611). The person
who serves the motion and its attachment must fill out this section of the form. You cannot serve your own motion.
If you need additional assistance with this form, contact the family law facilitator in your county.
Page 5 of 5
FL-661 [Rev. January 1, 2003]
NOTICE OF MOTION AND DECLARATION
FOR JOINDER OF OTHER PARENT IN GOVERNMENTAL ACTION
(Governmental)
2002 © American LegalNet, Inc.