What Is Family Court in California — How It Works

What family court handles

Family court is a division of the Superior Court. Every California county has one, and it handles the full range of domestic matters: custody, visitation, child support, spousal support, divorce / dissolution, domestic violence restraining orders, and paternity. If you have children or were married in California, this is almost certainly the court you will be dealing with.

How family court is different

There is no jury — a judge decides everything. The governing standard is “best interest of the child,” not “beyond a reasonable doubt.” Proceedings are less formal than criminal or civil court, most hearings are short (not multi-day trials), and the judge has wide discretion to craft orders. You will not be cross-examined like a witness on TV.

Who are the people in the courtroom

Each person in the courtroom has a specific role:

• Judge — makes all decisions. Has read your paperwork before the hearing. Address as “Your Honor.”
• Clerk — manages the calendar, files documents, and swears in witnesses. They cannot give legal advice.
• Court reporter — records everything said. Not always present in family court for short hearings.
• Bailiff — maintains order and security in the courtroom.
• Family law facilitator: each superior court must maintain an office of the family law facilitator, staffed by an attorney with family law experience (Family Code § 10002). Facilitators help with child support, spousal support, and parentage: court forms, help completing them, support calculations, and referrals (§ 10004). Some also help with custody and other issues, depending on the court.
• Mediator — helps parents reach custody and visitation agreements in a separate session before the hearing.
• Self-represented parties: you. A 2004 Judicial Council task force report found that petitioners in California dissolution cases were self-represented 80% of the time at disposition.

The typical timeline

A typical family court matter moves through these stages: filing your paperwork → service on the other party (at least 16 court days before the hearing) → the other party responds → mandatory mediation (for custody and visitation cases) → hearing → judge issues an order. From filing to your first hearing typically takes 4–8 weeks. Emergency situations can move faster through an ex parte process, where you can request a temporary order with as little as one day's notice.

What “self-represented” means

You have the right to represent yourself in any California court proceeding. The court must treat you fairly even without an attorney. However, you are held to the same rules and deadlines as lawyers — “I didn't know” is not a legal defense for missing a deadline. A 2004 Judicial Council task force report found that family law petitioners in California were self-represented at filing an average of 67% of the time (72% in large counties), and dissolution petitioners were self-represented 80% of the time at disposition. You are not alone, and the court system has resources specifically designed to help you.

Where to get free help

California has built an extensive network of free resources for people navigating family court without an attorney: your superior court's Self-Help Center, the family law facilitator's office that each superior court must maintain, legal aid organizations (income-qualified free representation), law school clinics, the Judicial Council self-help website at selfhelp.courts.ca.gov, and your county law library. Start with your court's Self-Help Center.