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

(a) Purpose.

This rule provides a procedure for a hearing to cancel (set aside) a voluntary declaration of parentage or paternity under Family Code sections 7576 and 7577.

(Subd (a) amended effective January 1, 2020.)

(b) Filing of request for hearing.

A person who has signed a voluntary declaration of parentage or paternity, or another interested party, may ask that the declaration be canceled (set aside) by filing a completed Request for Hearing and Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (form FL-280).

(Subd (b) amended effective January 1, 2020; previously amended effective January 1, 2003, and January 1, 2006.)

(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 parentage or paternity be canceled (set aside) must serve, either by personal service or by mail, a copy of the request for hearing and a blank Responsive Declaration to Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (form FL-285) on the other person or people who signed the voluntary declaration of parentage or 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, 2020; previously 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 Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (form FL-290). If the voluntary declaration of parentage or paternity is canceled (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 parentage or paternity be purged from the records.

(Subd (e) amended effective January 1, 2020; previously 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 parentage or paternity must be filed in the court file that was initiated by the filing of the Request for Hearing and Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (form FL-280).

(Subd (f) amended effective January 1, 2020; previously amended effective January 1, 2003.)

Rule 5.350 amended effective January 1, 2020; adopted as rule 1280.10 effective July 1, 2000; previously amended and renumbered effective January 1, 2003; previously amended effective January 1, 2006, and January 1, 2007.


Rules that reference this rule: Rule 5.350