Rule 5.380. Agreement and judgment of parentage in Domestic Violence Prevention Act cases

(a) No requirement to open separate case; no filing fee.

(1)  If the court accepts the agreement of parentage and issues a judgment of parentage, the court may not require a party to open a separate parentage or other type of case in which to file the judgment. The court may open a separate type of case, but the court must not charge a fee for filing the judgment of parentage in the new case.

(2)  When a judgment of parentage is filed in a Domestic Violence Prevention Act case in which a restraining order is currently in effect, no filing fee may be charged.

(b) Retention.

The judgment must be retained by the court as a paternity record under Government Code section 68152.

(c) Notice of Entry of Judgment.

When an Agreement and Judgment of Parentage (form DV-180) is filed, the court must serve a Notice of Entry of Judgment (form FL-190) on the parties.

(Subd (c) amended effective January 1, 2017.)

Rule 5.380 amended effective January 1, 2017; adopted effective January 1, 2012.

Rules that reference this rule: N/A