How does a parent defend themselves against false allegations in a Request For A Court Order Petition when they are not being properly informed? Issue 1: The first issue here in Napa county and other cities here in California, when a parent receives a request for a court order petition it doesn't include the documents required to file a responsive declaration. Documents Required to File a Responsive Declaration: Ø Responsive Declaration to Request for Order, [FL-320] Ø Proof of Service by Mail, [FL-335] Ø Attached Declaration [MC-031] (if needed) Ø Family Law Case Participant Enrollment Form, local form FL/E-LP-660 Issue 2: Most the time parents are not given proper service either. The 1st time parents see the petition and meet their public defender is when it is handed to them in the 1st court hearing by their public defender. A parent has a right to file a Responsive Declaration in response to the request for a court order petition. In the courts current policy, the respondent is denied this right due to improper service, lack of time to do so properly, and not being given the necessary forms to do so. Issue 3: The public defender does not inform their client, the respondent, of the option to file a Responsive Declaration for the 1st hearing as well as any other stage where a petition is filed with the court. The parent at no time is advise that they can file a Responsive Declaration to the petition that was filed with the court. According to the form How to Complete a Responsive Declaration to a Request for Order it says, "If you do not file a Responsive Declaration in time for the hearing or do not mention important facts in your Declaration, the Judge might refuse to let you speak about the issues at the hearing." So how is a parent suppose to dispute the facts in the petition if they are not informed about filing a response or not given the forms to file a response, or their public defender failed to advise them of their right to file a response or not allowed to speak about the issues at the hearing? When is the parent allowed to defend themselves against the false allegations in the petition? Issue 4: The judge can only rule on what has been filed with the court. Parents are uninformed about filing a Responsive Declaration to the petition that was filed with the court. So the only thing a judge has to review and make his ruling on is the CPS works report to the court. Again the parents are being denied due process due to not being properly informed by their public defender and not including the Responsive Declaration forms with the petition in order to give the parents a chance to respond to the allegations in the petition. The judge makes the only ruling he can which is based on the CPS workers report to the court and what they are requesting a court order for because they don’t have anything disputing the CPS worker’s report to the court. -------------------------------- According to Title 5. Family and Juvenile Rules which can be viewed at : http://www.courts.ca.gov/documents/title_5.pdf Rule 5.92. Request for court order; responsive declaration - page 32: (a) Application (1) In a family law proceeding under the Family Code: (A) The term “request for order” has the same meaning as the terms “motion” or “notice of motion” when they are used in the Code of Civil Procedure; (B) A Request for Order (form FL-300) must be used to ask for court orders, unless another Judicial Council form has been adopted or approved for the specific request; and (C) A Responsive Declaration to Request for Order (form FL-320) must be used to respond to the orders sought in form FL-300, unless another Judicial Council form has been adopted or approved for the specific purpose. Service of response to petition - page 23: A response to a family law petition may be served by the methods described in (a) but may also be served by mail without notice and acknowledgment of receipt. ======================== How to Complete a Responsive Declaration to a Request for Order: https://www.saccourt.ca.gov/family/docs/fl-responsive-declaration-instructions.pdf Purpose of this Packet: If you have been served with a Request for Order, a Court hearing has been scheduled in your case. The purpose of this packet is to assist you in completing, serving and filing a Responsive Declaration to the Request for Order. The Responsive Declaration is a formal response that must be served on all other parties and then filed with the court. It contains your declaration stating whether you agree or disagree with any request made by the other party as well as the reasons why you agree or disagree and an explanation as to why the Court should rule in your favor. You can also include statements refuting any statement made by the other party in your declaration. The Responsive Declaration helps the Judge to understand what your opinion is in relation to the issues before the Court. You must file your Responsive Declaration at least nine Court days (business days not weekends and holidays) before the hearing. If you do not file a Responsive Declaration in time for the hearing or do not mention important facts in your Declaration, the Judge might refuse to let you speak about the issues at the hearing. There is no fee for filing a Responsive Declaration. Documents Required to File a Responsive Declaration:  Responsive Declaration to Request for Order, [FL-320]  Proof of Service by Mail, [FL-335]  Attached Declaration [MC-031] (if needed)  Family Law Case Participant Enrollment Form, local form FL/E-LP-660