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2014 California Rules of Court

Rule 5.350. Procedures for hearings to set aside voluntary declarations of paternity when no previous action has been filed

(a) Purpose

This rule provides a procedure for a hearing to set aside a voluntary declaration of paternity under Family Code section 7575(c).

(b) Filing of request for hearing

A person who has signed a voluntary declaration of paternity, or a local child support agency, may ask that the declaration be set aside by filing a completed Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity (form FL-280).

(Subd (b) amended effective January 1, 2006; previously amended effective January 1, 2003.)

(c) Creation of court file

On receipt of the completed request for hearing, the clerk must assign a case number and schedule a court date. The court date must be no earlier than 31 days after the date of filing and no later than 45 days after the date of filing.

(Subd (c) amended effective January 1, 2007; previously amended effective January 1, 2003.)

(d) Notice of hearing

The person who is asking that the voluntary declaration of paternity be set aside must serve, either by personal service or by mail, the request for hearing and a blank Responsive Declaration to Application to Set Aside Voluntary Declaration of Paternity (form FL-285) on the other person who signed the voluntary declaration of paternity. If the local child support agency is providing services in the case, the person requesting the set-aside must also serve a copy of the request for hearing on the agency.

(Subd (d) amended effective January 1, 2003.)

(e) Order after hearing

The decision of the court must be written on the Order After Hearing on Motion to Set Aside Voluntary Declaration of Paternity (form FL-290). If the voluntary declaration of paternity is set aside, the clerk must mail a copy of the order to the Department of Child Support Services in order that the voluntary declaration of paternity be purged from the records.

(Subd (e) amended effective January 1, 2003.)

(f) Use of court file in subsequent proceedings

Pleadings in any subsequent proceedings, including but not limited to proceedings under the Uniform Parentage Act, that involve the parties and child named in the voluntary declaration of paternity must be filed in the court file that was initiated by the filing of the Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity (form FL-280).

(Subd (f) amended effective January 1, 2003.)

Rule 5.350 amended effective January 1, 2007; adopted as rule 1280.10 effective July 1, 2000; previously amended and renumbered effective January 1, 2003; previously amended effective January 1, 2006.

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