Family Law
Clerk’s Office hours:
Monday through Friday, except holidays, 8:00 a.m. - 4:00 p.m.
Family Law Overview
Family Law cases involve matters such as dissolution/divorce, legal separation, domestic partnership, nullity, paternity, child custody and visitation, child support, domestic violence, elder abuse and other restraining order types.
Dissolution, better known as divorce, divides the assets and debts of a couple, determines custody and visitation rights of their children, sets child and spousal support, and returns the couple to the status of unmarried.
Legal separation divides the assets and debts of a couple, determines custody and visitation rights of their children, sets child and spousal support, but leaves the couple legally married.
Nullity restores a couple to the status of never having been married.
A parentage action establishes who are the parents of a child and determines child custody and visitation.
The following information applies to dissolution, Legal Separation, Nullity, and Domestic Violence. The fee for filing a petition is listed on our fee schedule, except for Domestic Violence for which there is no fee. If you feel you cannot afford to pay the filing fee, you may ask the clerk for an application for waiver of court fees (Fee Waiver). There is no cost for this form.
The fee for filing a Petition for Summary Dissolution is listed on our fee schedule.
There are two types of restraining orders in family law. A domestic violence proceeding seeks to obtain an order to protect a person from physical violence from a family member (excluding nieces and nephews) or a person they may have lived with or had a dating relationship. A civil harassment restraining order seeks to protect a person from the actions of another whose intent is to annoy, alarm or verbally abuse the person seeking such an order.
Note: For assistance in preparing your restraining order documents for filing with the court, please contact the District Attorney Victim Services Unit in Room 311 of the Hall of Justice Building at the Ventura Government Center or at the Ventura County Family Justice Center located at 3170 Loma Vista Rd., Ventura, CA., 93003.
Family Law forms are available on the court website under Court Resources The Superior Court of California - County of Ventura - Form Packets.
Forms may be handwritten in a legible form. The Court reserves the right to reject documents determined to be illegible.
Ex-parte applications must be filed before the hearing.
Request for continuances may require a Declaration and Order or Stipulation and Order. The clerk cannot grant a continuance.
All paperwork must be completed, two-hole punched and, stapled prior to getting in line. Incomplete forms will result in stepping out of line to complete them before we can assist you. If you need assistance with completing paperwork, make an appointment with Family Law Self-Help Ventura or Family Law Self-Help Oxnard. Please click here for a list of filings that must be dropped off using the court drop box, mailed, or submitted electronically through eDelivery.
Restraining order filings can be electronically submitted to the court by email at: EmergencyRestrainingOrdersFamilyandCivil@ventura.courts.ca.gov
Paperwork must be completed before submitting.
The following documents must be dropped in the drop box for filing.
- Case initiating papers, except Restraining Orders and case initiating documents presented for filing with a Request for Order and/or Ex-parte Request.
- Judgment packets, except Requests for Entry of Default.
- Writs and Abstracts.
- Employee Pension Benefit Plan Joinders and Complaints for Joinder.
- Preparation of documents for signature by the Clerk of the Court after appointment of elisor.
A drop box is available outside of the courthouse for those who wish to drop filings without filing in person with the Clerk's Office. Filings that are deposited in the drop box Monday through Friday, before 4:00 p.m., excluding holidays will be filed the date they are received. Filings that are deposited in the drop box after 4:00 p.m. will be filed the next business day.
Most filings can be submitted electronically through eDelivery which is available Monday through Friday from 8:00 a.m. to 4:00 p.m., excluding holidays. The link to eDelivery is available on the court website at: eDelivery | Superior Court of California | County of Ventura
For information on eDelivery requirements and a list of filings that cannot be electronically submitted please see Ventura Superior Court Local Rule 4.05.
To file in person, go to Room 210 of the Ventura Courthouse, located at 800 South Victoria Avenue in Ventura California. Sign your forms with blue or black ink.
When filing your documents with the clerk of the court, you will need to present an original and two copies of each form. Two-hole punch the original and staple all form sets in the left-hand corner. The original will remain with the court and the copies will be made to look like the originals and returned to you. One copy is for your file and the other is to be served on the other party.
The clerk’s office is open from 8:00am-4:00pm, Monday-Friday, excluding court holidays.
Please read our Limitation on Counter Filings.
Filings can also be submitted to the court via US Mail at:
Ventura Superior Court
Attn: Family Law Clerk's Office
PO Box 6489
Ventura, CA 93006
Request for Order hearings are set on Mondays, Tuesdays, and Wednesdays at 8:30 a.m. in Courtrooms 31, 32, 33, and 35. The courts sets the Request for Order hearings for self-represented litigants on Mondays. If either party is represented by an attorney, those Request for Order hearings are set on Tuesdays and Wednesdays.
Hearings involving the Department of Child Support Services are set on Tuesday and Thursday in Courtroom 34.
Domestic violence, workplace violence, gun violence and postsecondary school violence hearings are set on Monday, Wednesday and Friday in Courtroom 34.
Elder Abuse restraining order hearings are set on Mondays at 1:30 p.m. in Courtroom 32.
Ex-parte hearings scheduled in Courtrooms 31, 32, 33, and 35 require a reservation. To make a reservation, contact the Judicial Secretary for the assigned courtroom.
The Summons and Petition may be served by the Sheriff, Marshal, registered process server or anyone over the age of 18 who is not a party to the action. The original proof of service must be filed with the court to obtain a judgment against the respondent.
Notices may be served by personal service or by first-class mail. A proof of service or declaration of mailing must be filed with the court prior to the hearing date.
If you have been served with a Summons and Petition and want to respond, forms are available at Form Packets | Superior Court of California | County of Ventura. Failure to file a response may lead to a judgment being entered against you. The filing fee to file a response is listed on our fee scheduleIf you need assistance with completing the forms to respond to a Summons and Petition, please visit the Family Law Self-Help Center at: Family Law Self-Help Center | Superior Court of California | County of Ventura.
Once a petition has been filed, either party may ask the court to make new orders or change existing orders by filing a Request for Order (FL-300) and scheduling a court hearing. The request can be about child custody, visitation (parenting time), child support, spousal or partner support, property, finances or other matters.
Complete the Request for Order (FL-300) and any additional forms that you need to file. For more information on completing the form, read the Information Sheet for Request for Order (FL-300-INFO). Make at least two (2) copies of the completed forms, two-hole punch the originals, and take them to the Family Law Clerk’s Office for filing. You can file the forms in person (in room 210), by mail, by drop box located outside of the courthouse, or file electronically via eDelivery | Superior Court of California | County of Ventura,
The hearing on the Request for Order will be scheduled in the assigned Courtroom unless the Department of Child Support Services is involved in the case and child support is requested then the case will be heard in Courtroom 34.
The fee for filing the Request for Order is listed on the court’s fee schedule. If the request is asking the court to modify or enforce custody or visitation, an additional fee of $25 will be charged as set forth in Government Code Section 70678.
Once filed, the Request for Order must be served on the other party. You cannot serve the papers. You must have someone else who is at least 18 years old serve the papers on the other party. For more information about service, please read the Information Sheet for Request for Order (FL-300-INFO). The other party must be served at least 16 court days before the hearing if they are served by personal service or 16 court days plus 5 calendar days before the hearing if they are served by mail. Have the person who does the service complete a proof of service form and file it with the court at least 5 court days before the hearing. If the Department of Child Support Services is involved in the case, the Request for Order must be served on their office.
For help with completing the forms, or requesting a continuance, and any other instructions, please visit the Family Law Self-Help Center at: Family Law Self-Help Center | Superior Court of California | County of Ventura
What is an appeal? It is important to understand that an appeal is NOT a new trial and you will not be permitted to introduce new evidence. An appeal is a request for a review of a court’s decision by a different court. The court that hears your appeal is known as a "higher court," an "appellate court," and/or a "reviewing court.” A party may appeal an unfavorable judgment and certain orders in an unlimited civil case (such as a civil case involving an amount over $35,000 or a family law case) made in the Superior Court. Generally, the appeal must be based on an argument that a legal error was made by the Superior Court.
To appeal from a Superior Court decision in a Family Law case, the appellant must file a Notice of Appeal in the Superior Court Appeals Unit. A notice of appeal tells the other party in the case and the Superior Court that you are appealing the decision of the Superior Court. You may use Judicial Council form Notice of Appeal/Cross-Appeal (Unlimited Civil Case) (APP-002).
The Notice of Appeal must be filed within 60 calendar days after the mailing or personal service of notice of entry of the judgment. If no notice was mailed or personally served, the Notice of Appeal must be filed within 180 calendar days after entry of judgment by the court.
The fee for filing an appeal from a Superior Court decision is $775.00 (Government Code section 68926 and 68926.1) payable to the District Court of Appeal and $100 payable to the Ventura Superior Court as deposit for the cost of preparation of the clerk’s transcript (Government Code Section 68926.1). Both checks must be presented to the superior court clerk at the time that the Notice of Appeal is filed.
Filing of a Notice of Appeal does not stop enforcement of the judgment. You must still comply with all court orders.
Unlimited civil appeals, including Family Law and Probate matters, are heard in at the 2nd District Court of Appeal, Division Six, 200 East Santa Clara Street, Ventura, CA 93001.
If you do not have an attorney, see: Civil Appellate Practices and Procedures for the Self-Represented Litigants
The Superior Court of California, County of Ventura has established Self-Help Centers to help people representing themselves choose and complete the correct legal forms. Information regarding Family Law Self-Help Center can be found at the Family Law Self-Help page. You may find information regarding family webinars here: Family Law webinars.
Applications for Panel of Counsel Eligible for Appointment as Minor’s Counsel, (CRC, rule 5.240)
To be included on the court’s Panel of Counsel Eligible for Appointment as Minor’s Counsel, an attorney must submit the following information in writing, (alternatively, the attorney may provide the following information by submitting a completed and signed Judicial Council form FL-322):
- Attorney is an active member of the State Bar in good standing;
- Proof of professional liability insurance or demonstrate to the court that he or she is adequately self-insured;
- Copy(ies) of Certificate(s) of Attendance of required training, as set out in CRC, rule 5.242(c);
- Required experience, (CRC, rule 5.242(f)), and;
- Preferred hourly rate and if a retainer is required.
All requests for inclusion on the panel are to be sent to:
Attn: Michael Mayer, General Counsel / Director of Legal Services
Ventura Superior Court, Hall of Justice
Court Administration, Room 206
Ventura, California, 93009
Family Court Services Overview
Child Custody Recommending Counseling (Custody Mediation): Family Court Services (FCS) serves parents who are referred by the Court for Child Custody Recommending Counseling (CCRC) sometimes referred to as child custody mediation.
- Custody and visitation mediation is mandated in Family Code Section 3160 and Family Code Section 3183 and is part of the CCRC process.
- Family Code Section 3170 requires that mediation be set when parties file a petition, application or request to obtain custody or visitation orders.
- The purpose of CCRC is to help parents resolve disagreements about custody, visitation and the care of their children.
- Parents, and children six years of age and older, must participate in CCRC whenever a court order about child custody or visitation is requested in a Request for Order, Request for Domestic Violence Restraining Order, or Notice of Motion.
- Self-represented individuals who need assistance completing the correct court forms and information about the court process for family law matters may seek help from the Family Law Self-Help Center. Self-Help Center information can be found at the Family Law Self-Help page.
Probate Guardianship and Conservatorship Investigations:
- In Ventura County, FCS is also responsible for conducting investigations for Guardianship of Minor Children and Probate Conservatorship for Adults.
- Self-represented individuals who need assistance with completing the correct court forms and information about the court process for these probate matters may seek help from the Civil Self-Help Center. Self-Help Center information can be found at the Civil Self-Help Center page.
Request for Minor to Marry: Family Code Section 302 allows any person under the age of 18 to obtain a marriage license if:
- The minor has written consent of one or both parent(s) having legal custody or legal guardianship or have a court order if the minor is a ward of dependent of Juvenile Court.
- Court grants an order for permission to marry.
- In Ventura County, all applicants for a marriage license, who are under the age of 18, must be interviewed at FCS. Parent(s) or guardian of a minor applicant must attend the interview. The purpose of the interview is to assess the readiness of the applicants to marry.
How does Child Custody Recommending Counseling work?
Online Orientation:
- Parents who have not previously participated in CCRC in Ventura County are also ordered to participate in a free Online Orientation before their scheduled CCRC session.
- The Orientation explains the process and helps parents to prepare for CCRC and know what to expect.
- To start the Orientation, go to this link
Child Custody Recommending Counselor: The parents meet with a particular kind of mediator known as a Child Custody Recommending Counselor or Recommending Counselor (RC).
- Child Custody Recommending Counselors are trained professionals with backgrounds in mental health, child development, or family law. They have Masters’ Degrees in such fields as Marriage and Family Therapy and Social Work.
- CCRCs are trained in domestic violence, child development, substance use, and family dynamics. They use specialized education and experience to try to resolve disagreements, and to help parents find safe, child-centered solutions.
- California Rules of Court 5.210 sets the standards for conducting Court connected mediation.
Child Interviews: Children six years of age and older must attend the CCRC session unless otherwise ordered by the Court. Children are customarily interviewed in private by the RC, but do not participate in the discussions conducted with the parents.
Information reviewed by the RC: Before the start of the CCRC session, the RC will review the FCS intake form and court file, if available.
- The RC will consider documents that have been filed with the Court. They are prohibited from reviewing and accepting unfiled documents.
- During the session, the RC will gather additional information about the issues that brought the family to Court, as well as about such things as parenting history, needs of the children, and school and work schedules.
Domestic Violence: If there has been a history of domestic violence, parents can request a separate CCRC appointment or "shuttle" session. They can also request to bring a Support Person.
- Support Person - If a restraining order or criminal protective order is in place, the protected parent has a right to bring a Support Person to any FCS appointment or CCRC session, including separate sessions. The Support Person is there for emotional support only and may not speak or participate in the CCRC (Family Code Section 6303).
- Separate Session - If there is a history of domestic violence or a restraining order in place, the protected parent has a right to ask that the RC meet with the parties separately and at separate times (Family Code Section 3181).
- Custody and Domestic Violence - Family Code Section 3044 establishes a rebuttable presumption that awarding sole or joint physical or legal custody to parent who has committed domestic violence in the past five years is detrimental to the child's best interest.
Collateral Contacts: In some situations, the RC may speak with other individuals in addition to the parents, if ordered by the Court or if both parents agree to a specific contact
- The RC may obtain information without the parents’ permission from anyone with knowledge about alleged domestic violence (including child abuse).
- The RC also has discretion to obtain criminal history information.
Parenting plan: When parents are separated, the parenting plan is a written document that defines legal and physical custody and timesharing of the children. A parenting plan usually covers:
- Where the child will live
- A schedule for time with each parent
- Holidays and vacation plans
- Communication between parents
- How decisions will be made about the child's education, health care, and other important needs.
Confidentiality: If parents reach an agreement on all issues, everything discussed with the parents in the CCRC session will remain confidential. Information the RC receives from children will not be disclosed to the parents or others.
- However, if a recommendation is necessary, then the RC can be asked to testify about what the parents and children said in the CCRC session.
- Important Exception - Whether or not an agreement is reached, there is no confidentiality for information received from parents or children concerning sexual, emotional, or physical abuse or neglect of a child. Reports about it may be made to the Court and the appropriate authorities.
- Information received about elder abuse, and certain threats of behavior related to suicide and serious bodily injury, may also be reported.
- The RC will discuss what happened in the session, and the basis for the agreement or recommendation, with the parents or their attorneys.
What happens after the Child Custody Recommending Counseling session?
After the CCRC session, the RC will prepare the parenting plan the parents agreed to or prepare a recommendation if the parents did not agree.
- Agreement: If parents agree on some or all of the issues, the RC will prepare a document for the Judge to consider containing those agreements. Parents can review the document with their attorney before signing it.
- Recommendation: If parents do not reach an agreement the RC will make a parenting plan recommendation that includes proposed legal and physical custody and visitation arrangements. Parents will receive a copy of the recommendation before it is given to the Judge.
- Either of the parents, or the Judge, may ask the RC to testify about the basis for the recommendation.
- That testimony will be considered, along with the evidence and argument of the parents, when the Judge decides if the recommendations should be adopted or modified.
- If either parent does not agree with the RC recommendation or are requesting corrections, they will have to address any concerns or corrections at the hearing.
- Once both parents have been excused from the session, neither parent nor their attorneys may have further communication of any type with the RC, unless both parents are present.
- If you believe that a specific CCRC has acted in an unprofessional or inappropriate manner, you can submit a complaint.
More Information and Resources
- Detailed rules and information about Child Custody Recommending Counseling and Orientation is contained in Ventura Superior Court Local Rules 9.30 - 9.35.
- FL-313-INFO Child Custody Information Sheet -- Recommending Counseling
- Children's Waiting Room
- Professional Supervised Visitation Provider List
FCS Contact Information
- Address: Hall of Justice - 800 South Victoria Avenue, Room 307, Ventura, CA 93009
- Telephone: (805) 289-8735
- Public Phone Hours: 8:00 am - 4:00 pm
Information on Alternative Methods of Resolving Disputes - In English and Spanish
For frequently asked questions about Family Law, please visit our FAQs page.