SUPERIOR COURT OF THE STATE OF CALIFORNIA

07a5cc14f969ceeb1607c087b536d6af4c09a858

California Superior Local Rules

-1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE - LAMOREAUX JUSTICE CENTER Pursuant to the Court’s order of Click or tap to enter a date. and after meeting and conferring, the parties submit the following Joint Statement in relation to the issues for the [evidentiary hearing] or [trial] in this matter. On behalf of Petitioner Dated: Click or tap to enter a date. By: _____________________________ Print: On behalf of Respondent Dated: Click or tap to enter a date.

By: _____________________________ Print: Petitioner: and Respondent: Case #: JOINT STATEMENT OF PARTIES Hon. Lee L. Gabriel Dept. C17 [Hearing][Trial] Date: Click or tap to enter a date.

-2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STATEMENT ON CHILD CUSTODY AND RELATED ISSUES ISSUES MOTHER’S CONTENTIONS FATHER’S CONTENTIONS Legal Custody - Current Orders Requested Orders Reason for change Physical Custody - Current Orders Requested Orders Reason for change

Schedule of Contact Current

schedule Requested

schedule Reason for change Best Interests of the Child considerations: Health, safety & welfare Domestic violence Substance abuse Criminal history Child abuse/neglect Parental incapacity Parental conflict

-3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Other Issues: Developmental Emotional Psychological Medical Special Needs Extended family New relationships Sibling issues Conflict with a parent Requested Orders and reason: CCI Evidence Code 730 Minor’s Counsel Emergency Investigation Minor Interview Judge Interview Talking Parents/OFW Parenting Classes Counseling Supervised Visitation Substance Abuse Testing Mediation

-4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STATEMENT ON MOVE AWAYS Moving Party: Intended Destination: Current Order in Effect: None Temporary Judgment Montenegro LA MUSAGA FACTORS La Musaga (2004) 32 Cal. 4 th 1072 MOVING PARENT’S CONTENTIONS LEFT- BEHIND PARENT’S CONTENTIONS The age of the child/children. The reason for the proposed move. Whether the move is intended to frustrate the other parent’s contact with child. The current custody orders. The current parenting schedule. The child/children’s interest in stability and continuity in keeping the current custodial arrangement.

-5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The nature of the child/children’s relationship with each parent. The relationship between the parents, including: Their ability to communicate; Their ability to co-parent; Their ability to put the child/children’s needs above their own interests. The impact of the move on the children’s relationship with other siblings. The impact of the move on the child/children’s relationship with extended family The impact of the move on the child’s connection to the local community including school, peers, established extra-curricular activities, etc. The child/children’s maturity level and their wishes to move or stay.

-6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The distance of the move. Available modes of travel and expected costs. The parent’s financial resources to facilitate travel for the child/children. Plans to facilitate regular contact with the left behind parent. Proposed holiday and summer schedules. Misc. other issues: School Medical Special needs History of abuse

-7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STATEMENT ON GUIDELINE CHILD OR SPOUSAL SUPPORT Parties are required to submit updated Income & Expense Declaration (FL-150) if requesting child or spousal support. FACTORS MOTHER’S CONTENTIONS FATHER’S CONTENTIONS Timeshare Filing status # exemptions All sources of income available for support Health Insurance Property taxes Deductible interest Required union dues Mandatory retirement Childcare Other misc. additions or deductions

-8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STATEMENT ON FAMILY CODE §4320 FACTORS FACTOR THE SUPPORTED PARTY’S CONTENTIONS THE SUPPORTING PARTY’S CONTENTIONS FC 4320(a)(1) - The marketable skills of the supported party; the job market for those skills; the time and expense of needed education or retraining. FC 4320 (a)(2)- The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment due to domestic duties. FC 4320(b) – The extent to which the supported party contributed to the education, training or licensure of the supporting party.

-9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FC 4320(c) – The ability of the supporting party to pay support, taking into account earning capacity, all sources of income, assets and standard of living. FC 4320(d) – The needs of each party based on the marital standard of living. FC 4320(e) – The assets and obligations of each party. FC 4320(f) – The length of the marriage.

-10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FC 4320(g) – The ability of the supporting party to engage in gainful employment without interfering with the interests of minor children. FC 4320(h) – The age and health of the parties. FC 4320(i) – Documented evidence of domestic violence between the parties. FC 4320(j) – The immediate and specific tax consequences to each party. FC 4320(k) – The balance of hardships to each party.

-11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FC 4320(l) – The goal the supported party shall be self-supporting within a reasonable period of time. FC 4320(m) – The criminal conviction of an abusive spouse. FC 4320(n) – Any other factors the court determines are just and equitable.

-12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STATEMENT ON CHARACTERIZATION AND DIVISION OF PROPERTY CP – Community Property P-SP - Petitioner’s Separate Property R-SP – Respondent’s Separate Property # PROPERTY PETITIONER’S CONTENTIONS ON CHARACTERIZATION AND VALUE RESPONDENT’S CONTENTIONS ON CHARACTERIZATION AND VALUE

-13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATEMENT ON BREACH OF FIDUCIARY DUTIES # SPECIFY BREACH Family Code

Section 1 PETITIONER’S CONTENTIONS RESPONDENT’S CONTENTIONS 1 E.g. Family Code §721(b), §1100, §2102, §2102 and §2102; ATROS violations

-14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STATEMENT ON NEEDS BASED ATTORNEY’S FEES FC §2030/2032 Parties are required to submit updated Income & Expense Declaration (FL-150) FACTORS REQUESTING PARTY’S CONTENTIONS RESPONDING PARTY’S CONTENTIONS Amount requested. Evidence to support a disparity in access to funds. More income. More assets. More net income after expenses. Other sources of income. Does paying party have the ability to pay AF for both? If so, how? Reasonableness of fees requested. Nature of litigation. Need for discovery. Retention of experts.

-15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A just and reasonable basis for apportionment. FC § 4320 factors Obligations and assets. Balance of hardships. Earnings capacity. Age and health. Other factors. Proposed payment plan.

-16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STATEMENT ON SANCTIONS FC §271 Parties are required to submit updated Income & Expense Declaration (FL-150) FACTORS REQUESTING PARTY’S CONTENTIONS RESPONDING PARTY’S CONTENTIONS Amount requested. How was notice given? How did conduct on the part of one party frustrate the policy to promote settlement or increase the costs of litigation? What are specific facts? What is the offensive conduct? Was a party’s position or strategy within the realm of reasonable advocacy in a family law matter? Will a sanctions fee award an unreasonable financial burden?

-17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Why or why not? JOINT STATEMENT FORMAT FOR ANY OTHER ISSUE ISSUE REQUESTING PARTY’S CONTENTIONS RESPONDING PARTY’S CONTENTIONS

Document details

Collection	California Superior Local Rules
Citation	07a5cc14f969ceeb1607c087b536d6af4c09a858
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	07a5cc14f969ceeb1607c087b536d6af4c09a858

Source file is stored in the law ingest library (pdf).