Pilot Projects in Family Law

Division 20, Part 1, Chapter 1 provides general provisions related to pilot projects. Section 20000 specifies four legislative findings and declarations. In addition, there is a statement of legislative intent to provide a means for experimenting with and evaluating procedural innovations with significant potential to improve the California child and spousal support systems, and the system for mediation, evaluation, and litigation of custody and visitation disputes.

Section 20001 authorizes that Superior Courts of the Counties of Santa Clara and San Mateo to conduct pilot projects pursuant to this part. Section 20002 limits the duration of the pilot projects to two years.

Division 20, Part 1, Chapter 2 of the Family Code authorizes the San Mateo County Pilot Project. Section 20010 states that the San Mateo County Pilot Project applies to hearings on motions for temporary child support, temporary spousal support, and temporary health insurance issuable in proceedings under this code, where at least one party is unrepresented by counsel.

Section 20011 requires motions for temporary orders under this chapter to be heard as soon as practicable, consistent with the rules governing other civil actions.

Section 20012 requires the court to appoint a Family Law Evaluator, who must be available to assist parties. By local rule the superior court may designate the duties of the Family Law Evaluator based upon seven specified items. Section 20013 requires the court to provide the Family Law Evaluator at no cost to the parties.

Section 20014 requires the clerk to stamp all moving papers in which a party is not represented by counsel with a notice of a requirement to see the Family Law Evaluator. The unrepresented party cannot serve the stamped pleadings on the other party.

Section 20015 requires the court to adopt a protocol wherein all litigants, both unrepresented by counsel and represented by counsel, have ultimate access to a hearing before the court.

Section 2016 allows the court to elect to publish a low-cost booklet describing this program. Section 20017 requires the Family Law Evaluator to be an attorney, licensed to practice in this state.

Section 20018 requires orders for temporary support issued pursuant to this chapter to comply with the statewide uniform guideline and be based on the economic evidence supplied by the parties or otherwise available to the court.

Section 20019 says, where it appears from a party’s application for an order under this chapter or otherwise in the proceedings that the custody of, or visitation with, a minor child is contested, the court will set those issues for mediation.

Section 20020 explains that, in a contested proceeding for temporary child or spousal support under this chapter, both the moving party and the responding party are required to provide all of the specified documents to the Family Law Evaluator, and to the court at the time of the hearing.

Section 20021 states that a party who fails to submit documents to the court as required may, in the court’s discretion, not be granted the relief requested, or the court may impose evidentiary sanctions.

Section 20022 provides that the tax return submitted may be reviewed by the other party. A party may be examined by the other party as to the contents of the tax return.

Division 20, Part 1, Chapter 3 of the Family Code authorizes the Santa Clara County Pilot Project. Section 20030 states that the Superior Court of the County of Santa Clara may conduct a pilot project pursuant to this chapter.

Section 20031 provides that the pilot project applies to all hearings, for temporary or permanent child or spousal support, modifications thereof, health insurance, custody, or visitation in a proceeding for dissolution of marriage, nullity of marriage, legal separation of the parties, exclusive custody, or pursuant to the Uniform Parentage Act.

Section 20032 requires every hearing in a proceeding in which child or spousal support is at issue, including related contempt matters, to be set by the clerk of the court for hearing within 30 days of filing. At the hearing, specified materials must be brought.

Section 20033 authorizes the court to pass a local rule that suspends the use of the Income and Expense Declaration mandated by California Rule of Court in some or all proceedings during the pendency of the pilot project, provided that substitute forms are developed and adopted to solicit substantially the same information in a simplified format.

Section 20034 requires an attorney, known as an Attorney-Mediator, to be hired to assist the court in resolving child and spousal support disputes, to develop community outreach programs, and to undertake other duties as assigned by the court. By local rule, the superior court may designate the duties of the Attorney-Mediator, which may include nine specified duties. Also, the court is required to develop a protocol wherein all litigants, both unrepresented by counsel and represented by counsel, have ultimate access to a hearing before the court.

Section 20035 requires orders for temporary support issued pursuant to this chapter to comply with the statewide uniform guideline and be based on the economic evidence supplied by the parties or otherwise available to the court.

Section 20036 provides that, upon motion by either party or on the court’s own motion, any proceeding that would otherwise fall within this pilot project may by judicial order be exempted from its requirements.

Section 20038 states that, in any case where either party has filed a motion regarding a custody or visitation dispute and has not yet scheduled an appointment for the mediation orientation class by the time of the hearing on the order to show cause, the court must order all parties to go to Family Court Services that day to schedule an appointment. After the mediation orientation, the parties may elect to utilize private mental health professionals, in which case the parties or the court may modify the fast track time guidelines provided for in this section.

Section 20040 allows the court to elect to publish a low-cost booklet describing the program. Section 20041 requires the court to centralize, augment, and coordinate all presently existing programs under the court’s supervision that relate to children.