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Rule 5.17.Other causes of action

Division 1. Family Rules · Chapter 2. Parties and Joinder of Parties · Article 1. Parties to Proceedings · Adopted 2013 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.17 confines a family law party to the relief these rules and the Family Code actually provide — the family case is not a vehicle for claims that belong elsewhere.

Full Text of Rule 5.17

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A party in a family law proceeding may only ask that the court make orders against or involving the other party, or any other person, that are available to the party in these rules, Family Code sections 17400, 17402, and 17404, or other sections of the California Family Code.
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Plain-English Summary

One sentence, one boundary. A party may ask the family court for orders against or involving the other party or another person only where these rules, the child support enforcement provisions at Family Code sections 17400, 17402, and 17404, or another section of the Family Code make that relief available.

The effect is to keep general civil claims out of the dissolution. A grievance that sounds in tort or contract, rather than in the Family Code, does not become a family law request for order because the parties happen to be divorcing.

Frequently Asked Questions

Can I bring a civil claim against my spouse inside the divorce case?

Only if the Family Code or these rules make that relief available in the family proceeding. Rule 5.17 limits a party to the orders those sources provide.

Does this stop me from suing separately?

Rule 5.17 addresses what a party may ask the family court to order. It is a limit on the family proceeding, not a ruling on whether a claim exists somewhere else.

Amendment History

Rule 5.17 adopted effective January 1, 2013.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source
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