It is typical for California divorce and child custody cases to last longer while the case is ongoing. Often, one or both parties may move out of the county where they initially filed the family law case and you may wonder how to transfer a family law case to another county in California.
Read on to find out how.
How to Transfer a Family Law Case to Another County in California
If you want to transfer your family law case to a different county, you must meet the accepted circumstances according to California law. For a case transfer, you must first file a motion for a change of venue with the court where the case is currently filed. Change of venue for a court case involves understanding the legal intricacies. The best way to navigate the process is with the help of a family law attorney in California.
If you need expert assistance, contact Moore Family Law Group. We will guide you through the case transfer process.
Legal basis for the transfer
According to California’s Family Code of Civil Procedure section 397.5, the state allows you to request a case transfer to another county for the following reasons:
- Either party, or both parties have moved out of the county where they filed the original petition.
- The party with custody of the child(ren) moved out of the county.
- Both parties agree and approve the case transfer to another county.
Reasons for transferring a family law case
The process is straightforward once you understand the California state legal requirements for filing for a change of venue. The reasons you may need to request a case transfer can differ based on your new circumstances. Generally, during family law cases, the court considers the following reasons when deciding on the motion change:
- Change of residence for one or both parties.
- The convenience of court location for hearings and proceedings.
If one or both of you move out of the county where the case was initially filed, continuing the case in the former location may be inconvenient. It makes sense to change the venue if the county you want to transfer the case to reduces travel time and logistical challenges for both parties.
Change of Venue California Family Law: Initiating the Transfer Process
To transfer your family law case to a different jurisdiction, you must initiate the process and follow the court’s legal steps. The transfer process involves the following:
- Filing a motion with the necessary paperwork with the court.
- Providing supporting documentation and evidence for the transfer request.
- Serving notice to all involved parties.
Filing a motion with the necessary paperwork
To initiate the transfer, you must first file a motion or Request for Order with the original court. The RFO re: change of venue is the legal way of asking the court to transfer your family law case to another county. You must fill out this paperwork correctly, and we may assist you with that.
Providing supporting documentation
With the motion for a change of venue, you must also provide your reasons for requesting the venue change. If you file the motion without supporting documents, the court will likely reject the transfer. To avoid this, you may include documentation like your lease or a utility bill to prove that you have moved residence.
Serving notice to all parties involved
After filing the motion and the supporting documentation with the initial court, you must notify your spouse. This is also called serving notice, a step you must complete. The other party has a legal right to respond or object to the transfer request if they disagree.
Court Procedures and Hearings
Upon filing your motion, the clerk will set it for hearing. The court will review your request for change of venue and all supporting documents. During the review process, the court may determine if you have valid grounds to transfer your case to another county and hear both parties at time of hearing if more information is needed.
The hearing will involve a discussion called “oral argument” if there are any objections to the request to change venues.
This way, you and your spouse can present your reasons for wanting or objecting to a case transfer. The court will decide based on the supporting paperwork, your testimony, and the testimony of witnesses, if any.
Conclusion
Can you transfer a court case to another county? After discussing how to transfer a family law case to another county in California, you must first file a motion for a change of venue also known as a Request for Order.
This motion or RFO is filed with the court where you initially filed your family law case. The court may approve the transfer if the other party agrees with the change and you meet the legal requirements, or you go forward with a hearing.