If you’re looking to transfer a family law case to another county, you must first understand how California determines the accepted circumstances for this change.

For example, a party may seek to move any of the following types of family law cases to another venue:

• Divorce, legal separation, or annulment
• Petition to change child support order entered in a divorce
• Petition to change a final divorce order

How the Court Determines if a Case Can Transfer

California Code of Civil Procedure Section 397.5 allows a family law case to be moved to another county if the petitioner can prove one of the following situations to the court:

• The petitioner filed the original petition with the wrong court;
• A fair trial would not be possible in the current court;
• The current court is not convenient to the parties and witnesses;
• There is no judge qualified to hear the case in the current court; or
• The respondent lives in a different county and can better achieve justice by changing the court

Also, the court can grant a motion to transfer a family law case to another county if both parties agree to the venue change request.

“My ex-wife and I had both moved from where our divorce was filed. Every time someone filed papers we each had to travel over 2 hours to the Santa Barbara courthouse.” R. Colligan
“Since the court was no longer close to either of us, A People’s Choice helped me file a motion to transfer and move my case to LA where I resided which made it much easier since I had custody of our kids!” R. Colligan

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How to Transfer a Family Law Case to Another County

The most common reason people want to transfer a family law case is that the court is no longer convenient. Usually, this happens when neither party lives in the county where they originally filed the case.

File a Motion with Supporting Declaration

In order to transfer a family law case to another county, one party must file a motion, also called a request for order. This motion is the legal process of asking the court to move the case to another court.

Additionally, the most important part of the motion is the supporting declaration. More specifically, the declaration explains why a person wants their family law case moved to another county. Believe it or not, a well-written declaration can be a key reason a judge approves a motion for change of venue. As a result, A People’s Choice spends a substantial amount of time making sure that the declaration is clear and concise.

The parties must file the motion with the court in which the family law case was originally filed. Then, the court will set a hearing date.

Finally, the motion will need to be served on the other party so they can file a response if they do not agree with the request. In their response, they will have a chance to explain why they feel the motion should be denied.

Attend a Hearing

At the hearing, the judge may ask questions to both parties. Obviously, both parties agreeing to move the matter to a different county is preferable. Such an agreement would ease the court’s ability to approve the request.

Present an Order to the Judge

After the hearing, an order should be available to present to the judge.

Once the court has approved the order, the parties can move their case to the other county. However, keep in mind that this change will also require the moving party to pay another first appearance court filing fee to the new county.

Contact A People’s Choice for more information on transferring a family law case to another county. We can help you prepare all of the documents you need to get a court order.

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A People’s Choice can save you hundreds of dollars by preparing your legal documents instead of an expensive attorney!

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