FL-105 Guidance: UCCJEA | Gavel

FL-105 Guidance: UCCJEA (California)

The FL-105 UCCJEA form is used in California during child custody cases, often as part of and required to complete divorce proceeding, to declare the child's residential history and identify any existing custody orders in order to ensure proper jurisdiction and enforcement under the Uniform Child Custody Jurisdiction and Enforcement Act. Jump to guide on filling it out.

Official FL-105 PDF Download (ca.gov)

When you need form FL-105

When initiating a divorce proceeding involving children in California, you may need to fill out the FL-105 UCCJEA form. This form is required when any legal action involves determining custody and visitation arrangements, as it provides the court detailed information about the children's residence history for the past five years. The purpose of this form is to help the court establish jurisdiction over child custody matters under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

• You might start by filing a Petition for Dissolution of Marriage (FL-100) if you're initiating a divorce.
• The filing of a Summons (FL-110) will often precede the need for this form, as it notifies the other party of the legal action.
• Sometimes this form is accompanied by a Request for Order (FL-300) asking the court to make decision on specific issues in the divorce, and set the date, time and location of any hearing(s).
• If there's an emergency, you might need a Temporary Emergency Court Order (FL-305), which also necessitates providing information about the children.

Completing the FL-105 form is triggered by the presence of minor children in the marriage and the need to address their living arrangements and visitation rights post-separation. It ensures that the custody decision is made by the appropriate court and is crucial for anyone involved in a divorce or custody battle, including to finalize a divorce proceeding. Failing to provide accurate information can lead to legal complications, making this one of the first steps in a custody-related legal process.

How to file form FL-105

• Determine Parties Involved: Ensure you are a party seeking custody determination, such as a parent or legal guardian.
• Complete the Form: Fill out the FL-105 UCCJEA form thoroughly, providing all current and previous addresses for the children involved for the past five years.
• File with the Appropriate Court: Submit the completed form to the Superior Court of California in the county where your case is being filed.
• Serve Copies: Provide copies of the completed form to all involved parties, such as the other parent or guardian, following legal service procedures.
• Stay Updated: Keep the court informed of any changes in custody information after filing, as required by California law.

Tips for filling out form FL-105

When completing form FL-105, pay special attention to these less obvious sections:

Item 1c – Confidential Address
If your present address or a child's address is confidential due to safety reasons, make sure to indicate this clearly in item 3, rather than providing the actual address. Reference Family Code section 3429 for confidentiality provisions.

Item 3 – Residence History
Provide a complete five-year history of where each child has lived, including specific dates and relationships. This section is crucial for determining jurisdiction, so be meticulous about detail.

Item 4 – Other Custody Cases
If there are other ongoing or past custody cases involving the children mentioned, you must disclose this information. Attach relevant case details, and include any existing orders that could impact the current proceeding.

Item 5 – Custody Claims by Others
Identify if anyone besides the listed parties claims to have custody or visitation rights over the child. This might include grandparents or other relatives involved in separate legal actions concerning the child.

Item 6 – Perjury Declaration
Understand that by signing this declaration, you are asserting the truthfulness of your statements under penalty of perjury. Any misinformation could have severe legal consequences, so ensure all provided data is accurate and verify if uncertain.

What to do after filing form FL-105

1. Submit the filed FL-105 UCCJEA form to the court clerk along with any required copies for the other party.
2. Ensure that each party involved in the case receives a copy of the filed form, either through personal service or mail, as required by the court.
3. Wait for any notices from the court regarding a scheduled hearing date or further instructions related to your case.
4. Prepare to present additional documentation or information at the scheduled hearing that may be relevant to the child custody jurisdiction issues raised in the form.
5. Check the court docket or contact the court clerk periodically to stay informed about any updates or changes in your case schedule.

Related Forms

FL-100: Divorce Petition

The FL-100 Divorce Petition form is used in California to initiate the legal process for dissolving a marriage or domestic partnership, seeking a legal separation, or requesting nullity due to specific legal grounds.

FL-110: Summons

The FL-110 Summons form is used when initiating divorce proceedings in California, notifying the respondent of the legal action and setting forth essential information.

FL-115: Proof of Service

The FL-115 Proof of Service of Summons form is used in California family law cases, including those involving parentage, custody, and support, to document that the respondent has been properly served with legal documents.

FL-117: Notice and Acknowledgement of Receipt

The FL-117 Notice and Acknowledgment of Receipt form is used in California divorce proceedings to document a recipient's acknowledgment of consent to and receiving legal documents.

FL-300: Request For Order

The FL-300 Request for Order form is used by individuals seeking the court's intervention to modify or request orders related to custody or support in California.

FL-311: Child Custody and Visitation

The FL-311 Child Custody and Visitation form is used when parents need to detail arrangements for custody and parenting time.

FL-335: Proof of Service by Mail

Use the FL-335 Proof of Service by Mail form to confirm that you have served court documents to another party by mail in a legal proceeding.

FL-341: Child Custody and Visitation (Parenting Time)

The FL-341 is used when there is a need to outline specific child custody and visitation arrangements following a court decision.

FL-342: Child Support Order

The FL-342 Child Support Order form is used to establish or modify a child support order as part of a legal proceeding.

FL-150: Income and Expense Declaration

The FL-150 Income and Expense Declaration form is used to provide detailed information about a party's financial situation in California divorce proceedings.

FL-155: Financial Affidavit

The FL-155 Financial Affidavit form is used to disclose financial details to the court during divorce proceedings.

FL-160: Declaration of Assets

The FL-160 form is used to declare and itemize both community and separate property assets and debts during divorce proceedings.

FL-260: Petition for Custody and Support of Minor Children

Use this form when you need to establish legal custody and support arrangements for minor children.

FL-200: Petition to Establish Paternity

Use the FL-200 Petition to Establish Paternity form to legally determine or dispute the parental relationship of a child.

FL-210: Summons Parentage Custody and Support

The FL-210 Summons is used when initiating a legal case to establish a parent-child relationship.

FL-300-INFO: Information Sheet for Request Order

Use the FL-300-INFO Information Sheet for guidance on scheduling a court hearing to request new orders or modifications in family law matters.