Agreement and judgment of parentage in Domestic Violence Prevention Act cases

California Rules of Court

Rule: 5.380

Jurisdiction: CA

Bluebook Citation: Cal. R. Ct. 5.380

(a) No requirement to open separate case; no filing fee (1) If the court accepts the agreement of parentage and issues a judgment of parentage, the court may not require a party to open a separate parentage or other type of case in which to file the judgment. The court may open a separate type of case, but the court must not charge a fee for filing the judgment of parentage in the new case. (2) When a judgment of parentage is filed in a Domestic Violence Prevention Act case in which a restraining order is currently in effect, no filing fee may be charged. (b) Retention The judgment must be retained by the court as a paternity record under Government Code section 68152. (c) Notice of Entry of Judgment When an Agreement and Judgment of Parentage (form DV-180) is filed, the court must serve a Notice of Entry of Judgment (form FL-190) on the parties. (Subd (c) amended effective January 1, 2017.) Rule 5.380 amended effective January 1, 2017; adopted effective January 1, 2012.

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