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Stipulation And Order On Order To Show Cause Form. This is a California form and can be use in San Diego Local County.
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Tags: Stipulation And Order On Order To Show Cause, D-36, California Local County, San Diego
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
TELEPHONE AND FAX NOS.:
COURT USE ONLY
ATTORNEY FOR (Name) :
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
FAMILY COURT, 1501 SIXTH, SAN DIEGO, CA 92101-1946
NORTH COUNTY BRANCH, 325 S. MELROSE, VISTA, CA 92083-6627
EAST COUNTY COURT, 250 E. MAIN, EL CAJON, CA 92020-3913
SOUTH BAY COURT, 500 THIRD, CHULA VISTA, CA 91910-5694
PETITIONER(S)/PLAINTIFF(S):
Hearing Date ____________________________
RESPONDENT(S)/DEFENDANT(S):
Time: ____________________ Dept ________
Judge __________________________________
STIPULATION AND ORDER ON ORDER TO SHOW CAUSE
Petitioner/plaintiff present
Respondent/defendant present
Claimant present
CASE NUMBER
Attorney present (name):
Attorney present (name):
Attorney present (name):
THE PARTIES STIPULATE AND AGREE TO THE ITEMS CHECKED BELOW AND THAT THE COURT SHALL MAKE
THE FOLLOWING:
Temporary order pending the trial of this action or further order of the Court
Order of Modification
1A.
LEGAL CUSTODY: Legal custody of the minor child(ren) is awarded
1B.
PHYSICAL CUSTODY: Custody of the minor child(ren) is awarded to
Husband
Wife with right of reasonable
visitation to the party not having custody. (Here list name and birthdate of each child.)
_________________________________________________________________________________________________
_______________________________________________________________________________________
1C
SPECIFIC VISITATION:
The child(ren) shall be picked up at, and returned to, their residence by the party having such visitation. The party
having custody is required to have the child(ren) ready at the designated time, with appropriate clothing provided.
However, if the party with visitation fails to appear within ______ hours of the designated time, such party is deemed
to have relinquished visitation rights for the weekend. The child(ren) shall be fed before being returned and all
clothing provided shall be returned with the child(ren).
2.
CHILD SUPPORT : Husband
Wife shall pay to
Husband
Wife for support of the minor child(ren) the sum of
$__________________ per
week
month per child, for a total of $________________ per
week
month,
payable as follows: _____________________________ commencing __________________________________. This
stipulated amount is in compliance with Family Code Section 4050, et. seq., and particularly Section 4053.
3.
Wage Assignment ordered under Section 5230 of the Family Code.
Stipulation to waive service of wage assignment provided support duty is made.
4.
Child support payments paid through District Attorney, Bureau of Child Support Enforcement, P O Box 2808, San
Diego, CA 92112.
5.
SPOUSAL SUPPORT:
(a)
Husband
Wife shall pay to
Husband
Wife support of $_______________per
week
month payable
as follows:_______________________________________________________ Commencing _________________.
(b) Jurisdiction reserved until trial.
PAYMENTS: (FC 2023 & 2620) Each party shall pay installments to the following creditors as they become due
(itemize):
(Husband)
(Wife)
6.
SUPCT D-36(Rev. 7-98)
jointly
to Husband
STIPULATION AND ORDER ON ORDER TO SHOW CAUSE
to Wife.
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CASE NUMBER
7.
MEDICAL AND DENTAL:
Husband
Wife is ordered to maintain for the benefit of
Husband
Wife and minor
children all medical, dental and hospital insurance available through employment and/or union affiliation, to pay the
premiums, to maintain them as insureds and to cooperate in the presentation, collection and reimbursement of any
claims under such policy.
8.
ATTORNEY'S FEES:
Husband
Wife shall pay directly to attorney for
Husband
Wife $____________
contribution toward fees and $ _____________ costs (on account) payable in installments of $ ______________ on
the _______________ of each month, until paid in full.
9.
Husband
Wife is awarded the exclusive use of the residence and furnishings located at ________________
____________________________________________________________________________________________and of
the____________________________________________________________________________________
____________________________________________________________________________________________
10.
All other issues are reserved until time of trial/next hearing date.
11.
STANDARD RESTRAINING ORDERS:
(a)
shall NOT contact, molest, attack, strike, threaten, sexually assault, batter, telephone, otherwise disturb the peace of
the other party.
Must stay at least 100 yards away from the other party's
residence place of work other __________________
is restrained from transferring, selling, giving away, trading in, borrowing against, concealing, pledging as security or
in any way disposing of any property, real or personal, whether community, quasi-community, or separate, except in
the usual course of business or for the necessities of life.
shall not contact the other at the residence or place of employment except regarding visitation or in an emergency.
shall not incur any charges against the other's credit.
shall not remove the minor child(ren) from __________________________________________________________,
except on order of the Court or prior written consent of both parties.
shall not make derogatory remarks to, or about, the other in the presence of the minor child(ren).
THIS RESTRAINING ORDER EXPIRES _________________________.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Both parties
Petitioner
Respondent:
Any person subject to restraining orders 11(a) and/or 11(b) is prohibited by Penal Code section 12021 from
purchasing or receiving or attempting to purchase or receive a firearm. Such conduct may be punishable by a
$1,000 fine, imprisonment up to one year, or both. Taking or concealing a child in violation of this order may be a
felony and punishable by confinement in state prison, a fine, or both. Other violations of these orders may also be
punishable by fines, imprisonment, or both.
This order is effective when made. The law enforcement agency shall enforce it immediately upon receipt. It is
enforceable anywhere in California by any law enforcement agency that has received the order, is shown a copy of
it, or has verified its existence on the California Law Enforcement Telecommunications System.
12.
13.
Counsel for Petitioner/Respondent to prepare a formal order.
This Stipulation covers all matters in dispute in the
Order to Show Cause. This Order, when signed by the Court, is the formal Order. No further documents are necessary.
_______________________________________________
_______________________________________________
Printed name and signature of Attorney for Husband
Printed name and signature of Attorney for Wife
We have read the entire stipulation and agreement. We understand it fully and request the Court to make our stipulation and
agreement the Court's order. We understand that willful failure to comply with the provisions of this Order shall be a
contempt of Court and may be punished by fine and imprisonment. We waive all further notice of this Order.
_______________________________________________
_______________________________________________
Printed name and signature of Husband
Printed name and signature of Wife
Ordered and Dated: ______________________________
SUPCT D-36(Rev. 7-98)
_______________________________________________
Judge of the Superior Court
STIPULATION AND ORDER ON ORDER TO SHOW CAUSE
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