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2023 California Rules of Court

Rule 5.430. Minimum standards for the Office of the Family Law Facilitator

(a) Authority

These standards are adopted under Family Code section 10010.

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

(b) Family law facilitator qualifications

The Office of the Family Law Facilitator must be headed by at least one attorney, who is an active member of the State Bar of California, known as the family law facilitator. Each family law facilitator must possess the following qualifications:

(1)  A minimum of five years experience in the practice of law, which must include substantial family law practice including litigation and/or mediation;

(2)  Knowledge of family law procedures;

(3)  Knowledge of the child support establishment and enforcement process under Title IV-D of the federal Social Security Act (42 U.S.C. § 651 et seq.);

(4)  Knowledge of child support law and the operation of the uniform state child support guideline; and

(5)  Basic understanding of law and psychological issues related to domestic violence.

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

(c) Substituted experience

Courts may substitute additional experience, skills, or background appropriate to their community for the qualifications listed above.

(d) Desirable experience

Additional desirable experience for a family law facilitator may include experience in working with low-income, semiliterate, self-represented, or non-English-speaking litigants.

(Subd (d) amended effective January 1, 2007.)

(e) Service provision

Services may be provided by other paid and volunteer members of the Office of the Family Law Facilitator under the supervision of the family law facilitator.

(f) Protocol required

Each court must develop a written protocol to provide services when a facilitator deems himself or herself disqualified or biased.

(g) Grievance procedure

Each court must develop a written protocol for a grievance procedure for processing and responding to any complaints against a family law facilitator.

(Subd (g) adopted effective January 1, 2003.)

(h) Training requirements

Each family law facilitator should attend at least one training per year for family law facilitators provided by the Judicial Council.

(Subd (h) relettered effective January 1, 2003; adopted as subd (g).)

Rule 5.430 renumbered effective January 1, 2013; adopted as rule 1208 effective January 1, 2000; previously amended and renumbered as rule 5.35 effective January 1, 2003; previously amended effective January 1, 2007.

Title 5, Family and Juvenile Rules-Division 1, Family Rules-Chapter 18, Court Coordination Rules; adopted January 1, 2013.

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