What Are Family Law Courts?

Family Law Courts serve a fundamental role within the greater legal system, addressing matters that have a significant impact on the family unit. The primary function of these courts is to adjudicate issues pertaining to familial relationships, primarily those involving the division of assets and selection of custodial arrangements following the dissolution of a marital union. In the state of California, at least 58 separate family law courts work in conjunction to ensure that all regional constituencies have access to this vital resource. The types of cases generally heard in the California judicial system for family law include child support disputes, alimony or spousal support , child custody, division of assets and debts, paternity establishment, and domestic violence protective orders. Family Law Courts are designed to hear all types of family law disputes, but certain courts may also engage in non-judicial mediation efforts, which regard divorce and separation matters. The formal resolution of such conflicts requires that the presiding judge issue a judgement and decree, pursuant to family law, which serves as the final word in these matters. If parties are unable to come to an amicable resolution that meets the requirements of the divorce, additional court appearances will be necessary to discuss the points of disagreement.

Address and Contact Information

Family law cases in the Bakersfield division of the Kern County Superior Court are heard at the Kern County Superior Court, 1415 Truxtun Ave, Bakersfield, California, 93301. While the district comprises the cities of Arvin, Delano, McFarland, Ridgecrest, San Ardo, San Joaquin Valley, Shafter, Tehachapi, Wasco and most of Kern County, people residing in those areas should file their cases in the Bakersfield district, as the Arvin, Kern River Valley, Ridgecrest, South County, Southwest County and the North County courthouses are not able to hear family law matters. The public can schedule a case in person at the Self-Help Center, Room 200 in the Bakersfield courthouse. They are open Monday through Friday, 8:00 A.M. until noon and 1:00 P.M. to 5:00 P.M. The main courthouse offers the same hours for Court filings, and attorneys can also use the electronic filing system to submit case documents.

Types of Family Law Cases

Family law issues are abundant in Kern County. Unfortunately, they experience such resounding prevalence that these legal disputes command several of the court’s family law calendar days each and every month. By far, the following types of cases comprise the court’s most common family law cases:
Dissolution (Divorce). After several years of scraping and gnashing of teeth, the parties arrive in court to have their divorce dissolution judgment entered. What happens when a contemplated vote is between the lesser of two evils? Some people decide to go through with their divorce – no matter the cost – to rid themselves of a bad marriage. This is the case even when they know that dividing the community property is not going to make them happy and more importantly, economically sound. Dissolution cases are best resolved by mutual agreement and where the parties can make the proverbial lemonade out of lemons with relative ease. In the cases where one party is obstinate and unwilling to make settlements at the time of divorce, the Court usually becomes the only mediator for discordant couples. These are the litigated divorces that can go on for years after the parties separate. The typical litigated divorce case draws out the custody issues, spousal support issues, real property issues, business valuation, retirement and pension plan, and sometimes educational and career pursuits for a party. Child Custody and Visitation: The legal and physical care of children is an extremely sensitive and emotionally charged topic. The Court will not intervene in child custody matters unless the parties cannot agree on how to best care for the minor children. The Court will use Judicial Council forms, which have been mandated by the State of California for custody and visitation, to establish an interim or long-term schedule. If there is a problem with visitation or child custody, the court will appoint Child Protective Services, or a third party evaluator (such as the Family Court Services Office), who will conduct an evaluation on the parents, the children, and sometimes even the stepparents. The third-party evaluator will culminate his or her work product with a recommendation to the court, which may or may not be followed by the Court. Parties tend to escalate their conflict over child custody and visitation because of their desire to "win"; However, the Court must always prioritize the best interests of the minor children in child custody and visitation agreements and orders. Spousal Support: Spousal support cases rank a close second to custody cases at the monthly judicial calendar. A judge will look at the "marriage of today" – not the "marriage of yesterday" – when considering the issues of spousal support. The Court will analyze the following factors: The length of the marriage and how long the parties were living together as husband and wife; the age of the parties; the earning capacity of the parties; the health of the parties; the mental capacity of the parties; the standard of living during the marriage; educational background when the parties married; the skills learned during the marriage and how to market those skills in the economy; the intent to be self-supporting and the need for retraining; and so on. Adoption: Adoption cases are where legal permanency is achieved. The adopting parties must demonstrate their ability to care and provide for the minor children so that the Court can be assured the future of the adopted children remains in the care of a consistent parent with love and support. Adoptions also can be based on the principles of consanguinity ("blood relationship") and can be very important for the medical and genetic history of the minor children.

How To Prepare For Your Court Date

To prepare for your day in family law court you will need a few things. Hopefully these things were all discussed with your attorney beforehand as to whether they are needed or not. However, if you do not have an attorney the following are suggestions as to what you may need:
Meeting with your attorney before the day in court is essential. It is best to get the logistics out of the way and focus on the case itself on your day in court. Ask where you need to park and the approximate cost. Find out how long a day in court may last. Also, if you will have any wait time or what time you will be seen.
You, your spouse, and the filing party will all be given a number and a department number. When your number is called you go to the corresponding room. It is best to have the number you have been assigned written down somewhere so that you can quickly reference it.
Depending upon your case and whether all parties are in agreement on any of the issues at hand, your case could take anywhere from 1 hour to 10. If you are waiting in court all day you will not be inside the actual courtroom all day. Usually there is a holding area outside of the courtroom to wait in, so that you do not need to be in the actual courtrooms all day.
If you use your phone to take notes, then you probably want to bring your phone and your charger. Courtrooms have outlets in every courtroom. You will need to go through security before entering the building. You may bring your phone into the building, but not into the courtroom.
You can also bring a laptop if you wish, however we would not recommend it as there is limited space in the courtroom and you have to carry the laptop and it can be difficult to balance folders and your laptop.
It is important to be on time for court. If you have been assigned a time, arrive at least 15 minutes early. However, if you have not been assigned a time, you will not be seen until everyone else with assigned times have been seen and you will have to be ready to stay as late as the court system has matters to get through.

What To Expect During Court Proceedings

Once you have filed your family law case, you will be given a date and time to appear before a judicial officer. At the time of that hearing, you or your attorney will go before a judge or commissioner in an open courtroom and tell them your issues. This may include spousal support, child support, custody/visitation issues and/or the division of property.
Usually, hearings are set for a limited amount of time. There are several types of hearings: Orders to Show Cause (OSCs), Petitions, Trials, Status Conferences, Custody Mediations, Child Support issues, Spousal Support issues, and so on. Most hearings are found in Family Code section 217.
Once your case is filed, any interested party can file an OSC. All parties to the case will receive a notice to appear in court or a notice by mail to attend a hearing regarding the requesting party’s request. In other words, a party (or an attorney on their behalf) will file an OSC asking the Court for a temporary order. Essentially, the petitioner is asking the Court for emergency relief and special treatment on their request (temporary orders). However, emergency relief (Emergency Orders) is only granted in limited cases and with very strict criteria. Immigration status is one example of why a person may be granted emergency relief. The Emergency Order will remain in effect until the Petitioner gives notice and a hearing is set. At the hearing, all parties will have a chance to present their sides to the judge to determine whether temporary relief will be granted and for how long.
The judge may make temporary orders regarding spousal support, child support, custody and/or visitation. This is a temporary solution, and the judge may not ask for too much detail on the parties’ circumstances. For example, if there are children involved, the judge will not ask about the facts of the case , but will enter temporary custody/visitation orders so that everyone can move forward and plan for the future.
If you have an attorney, the attorney will be speaking on your behalf in court. If not, you will need to be prepared to explain your situation to the judge. Other courtroom participants may include the court clerk, a courtroom assistant, a minute order clerk, a bailiff and a court reporter. Your family law case information is available to everyone in the room by accessing the family law system online, so don’t be surprised by what someone may say about your case.
Courtroom decorum is very important. You will hear the bailiff ask everyone who is seated in the gallery to stand and to take an oath to tell the truth. The judge will call each case by name, and they will be initially heard in the order in which they are called. A petitioning party is typically given greater latitude when establishing their side of the facts. The opposing party is allowed to present their side of the facts, including cross-examining any witnesses your attorney may call. Do not interrupt or present testimony in the gallery. Simply return to the pounding gavel and use respect and consideration by waiting your turn. Remember that the courtroom is a professional place where you should present yourself directly to the judge. You will be required to wear courthouse attire, which includes clothing that is neat and clean. Although there is no specific dress code, you should use good judgment when choosing what to wear in court.
Keep in mind that you don’t get a second chance in court. Plan ahead for your day in court by preparing ahead of time and knowing what you want and what you will need to do. When you know what evidence you want to present in court, make sure you have enough copies for everyone, including the judge and the courtroom assistant.

Legal Aid and Resources

Family law court can be an intimidating process, particularly for those who feel anxious or insecure about the legal process. Fortunately, a number of local resources can help ease the stress on individuals by providing them critical support and counsel throughout the process. If you have recently received notification that you must appear in family court, consider the following resources:
Bakersfield Legal Aid was established to represent low-income individuals and families in Kern County. Today, the organization provides a variety of legal services that protect and advocate for our community. A team of volunteer attorneys, paralegals, and case managers provides these important services under the direction and supervision of experienced legal staff.
The Family Law Facilitator’s Office is designed to assist self-represented litigants through the family law court process. They answer questions concerning family law procedures and assist in completing many family law forms. At this time, they cannot provide assistance with income and property disclosure forms or mandatory financial disclosures. In many cases, the office can review pleadings for compliance and file them with the court. The Family Law Facilitator’s Office provides a variety of resources:
Free legal information is available at the Bob Dickens Self-Help Resource Center. The center provides free legal information through one-on-one assistance and/or workshops. It also provides access to a computer, the internet, and various legal forms. For certain family law cases, the center may refer you to a family law facilitator, a simplified family law legal clinic, or other programs. No appointment is necessary, and staff interpreters are available.

Post-Court Tips

Once the curtain falls on a court case – once the gavel has rapped and the judge has moved on – the matter may remain open for the litigants. First, the litigants should make a point of reading any documents that have just been issued. Did you prevail on your request? Did the judge’s order reflect what you wanted? Did the other side win components of their request? These are questions you should ask yourself once your case is over in the courtroom.
Assuming all orders are correctly entered, the next order of business is to comply with them. Even winners must do their part after a court decision. Did you receive custody of your minor child or children, for example? Then you are responsible for following any instructions given by the judge regarding your parenting time. Did you receive a monetary award? You need to ensure that payment is made in the time frame that was agreed to by the court.
Of course, if you do not agree with the court order, further action may be in order. An appeal is a way to contest a court’s decision. A party can seek to appeal a trial court’s orders, but in most cases, a Common Pleas Court decision must be contested within 30 days. In exceptional circumstances, the deadline can be extended. If an appeal is granted, the case may be returned to the trial court. The case does not need to be tried all over again, however . An appellate court will simply review the case and look for legal error – was the decision fair and just under applicable law? A decision may be remanded by the appellate court. A remand orders a trial court to take specific action according to the appellate court’s instructions. An example would be the trial court determining the child support calculation.
If complying or appealing is not the best course of action, litigants should consider other options. Modifications of court orders are sometimes sought for previously established custody arrangements. (This is true for child support and spousal support, as well.) In some instances, litigants may ask for a rehearing or retrial of a case. However, a rehearing or retrial would not occur in the same case. Where the rehearing is requested, a different judge may hear the case. An entirely new trial could take place. Per the American Bar Association, a posttrial motion is unlike an appeal in that it is made in the same court. Review of the court’s actions is limited compared to an appeal, and fact-finding is less stringent at this level. Finally, though the case is not technically reopened, a litigant could seek consultation with a counselor or other mental health professional. Getting help coping with a legal decision could be a good step for a person who is upset. Psychological help could also prevent future legal problems.