In case you need to obtain official custody and visit orders from court in order to see your child after a divorce or separation, you must file form FL-105/GC-120. With this form you’ll initiate a case and the court will decide, whether issuance of an order would be appropriate in your situation.
The official name of this form is Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). As described above, its main purpose is to request a custody or visitation order.
You can attach an additional sheet to include information about all minors in one application. Don’t forget to attach copies of restraining or protective orders that are currently in effect.
The due date can be set up by court, if there is another proceeding involving the same parties. Otherwise there is no due date for this declaration.
Write contacts of your attorney, or if you would like to represent yourself, then give your address and telephone number. Provide the address of the court you’ve chosen to apply to. Include names of the petitioner, respondent and other parties of the case. Don’t forget to put down the name of the minor in the upper part of the first sheet. Check in the boxes, if the sentences regarding your address confidentiality apply to you. Then fill out a schedule about each child and their residence. On the second page write everything you know about another court case or custody proceeding, concerning a child subject to this proceeding. Put down information about restraining or protective orders in effect.
Where do I send it?
Send it to the California court or any other court where you want your case to be resolved.
Hi, I'm Cristin Lowe and welcome back. If
you are looking at this, we are now on part 3, which would be the UCCJEA, and this applies
to you if you have minor children of your marriage. So you should have already watched
my video on FL 100, which is the petition, and FL 110, which would be the summons. So
if you have minor children, we're going to be going to FL 105, which would be the declaration
and it's called the UCCJEA because it's a very long name. So the UCCJEA is for children
of the marriage. And a child of the marriage would be a child who is biologically yours
and your spouse's, and this is the petitioner and respondent's child or children, or adopted.
So commonly used forms, take you to that, and again FL 105 - I'm always going to refer
to it as the UCCJEA because the actual title is really really long and even they give me
permission to abbreviate it. So, this form has not actually updated since 2014, so we're
going to be using the video series from 2014 to explain how to do this form, but what i
want you to remember is just like the FL 100 and the FL 110 (the other forms), we want
to keep the captions the same, so in the 2014 video, we have a different caption - I want
you to ignore that - I want you to use what you've learned in the series thus far in 2015.
You're going to be filling out your name, the best mailing address for you, phone number,
email address if necessary, and attorney for and you are in pro per you're going to make
sure to fill out the correct court address, the correct court information and petitioner
and respondent. And then I want you hopefully enjoy the 2014 series. Alright, so number
1, I'm a party at the proceeding, number 2 - unless there's domestic violence, and if
there's domestic violence you want to consult with an attorney, so talk with me afterwards
(so we're not gonna check that). Number 3 in our example, we have 2 kids, we have Susan
and Robert, so we're gonna put under 3, we're gonna specify the number, we're gonna put
2 minor children (doesn't matter if you do the number or write it out). And we're gonna
go to child's name, so our oldest child in our example is Susan. So we've got "Susan
Smith", and we went to go back 5 years. So place of birth, let's just say Susan was born
in San Francisco, and California. Date of birth - does anybody remember the date we
put down for Susan? So we want to put a birth date down and it should match whatever the
petition was (if somebody can look that up - thank you). And she's a female, and then
we're gonna put the period of residence, and we're gonna go back 5 years, the most recent
address is there. And if you cannot remember the specific month and day, at least get the
year because we want to go back 5 years. So let's just say from 2010 to the present, Susan's
been living at Jamie's address, and that's the 123 Main Street. And then the person lived
with, and we'll say Susan's lived with Jamie Smith and Dale Smith, and the relationship
would be...
