Rule 5.2.Division title; definitions; application of rules and laws

Division 1. Family Rules · Chapter 1. General Provisions · Article 1. General Provisions · Last amended 2026 · Last verified September 10, 2026

In one sentenceRule 5.2 names Division 1 the Family Rules, defines the vocabulary the division runs on, and sets out which cases those rules reach and what law fills the gaps.

Full Text of Rule 5.2

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) Division title

The rules in this division may be referred to as the Family Rules.

(b) Definitions and use of terms

As used in this division, unless the context or subject matter otherwise requires, the following definitions apply:

(1) “Family Code” means that code enacted by chapter 162 of the Statutes of 1992 and any subsequent amendments to that code.

(2) “Action” is also known as a lawsuit, a case, or a demand brought in a court of law to defend or enforce a right, prevent or remedy a harm, or punish a crime. It includes all the proceedings in which a party requests orders that are available in the lawsuit.

(3) “Proceeding” is a court hearing in an action under the Family Code, including a hearing that relates to the dissolution or nullity of a marriage or domestic partnership, legal separation, custody and support of minor children, a parent and child relationship, adoptions, local child support agency actions under the Family Code, contempt proceedings relating to family law or local child support agency matters, and any action filed under the Domestic Violence Prevention Act, Uniform Parentage Act, Uniform Child Custody Jurisdiction and Enforcement Act, Indian Child Welfare Act, or Uniform Interstate Family Support Act.

(4) “Dissolution” is the legal term used for “divorce.” “Divorce” commonly refers to a marriage that is legally ended.

(5) “Attorney” means a member of the State Bar of California. “Counsel” means an attorney.

(6) “Party” is a person appearing in an action. Parties include both self-represented persons and persons represented by an attorney of record. Any designation of a party encompasses the party’s attorney of record, including “party,” “petitioner,” “plaintiff,” “People of the State of California,” “applicant,” “defendant,” “respondent,” “other parent,” “other parent/party,” “protected person,” and “restrained person.”

(7) “Best interest of the child” is described in Family Code section 3011.

(8) “Parenting time,” “visitation,” and “visitation (parenting time)” refer to how parents share time with their children.

(9) “Property” includes assets and obligations.

(10) “Local rule” means every rule, regulation, order, policy, form, or standard of general application adopted by a court to govern practice and procedure in that court.

(11) “Reschedule the hearing” means the same as “continue the hearing” under the Family Code and refers to moving a hearing to another date and time.

(12) “Gestational carrier agreement” refers to an assisted reproduction agreement for gestational carriers as described in Family Code section 7962.

The rules in this division apply to every action and proceeding to which the Family Code applies and, unless these rules elsewhere explicitly make them applicable, do not apply to any other action or proceeding that is not found in the Family Code.

(d) General law applicable

Except as otherwise provided in these rules, all provisions of law applicable to civil actions generally apply to a proceeding under the Family Code if they would otherwise apply to such proceeding without reference to this rule. To the extent that these rules conflict with provisions in other statutes or rules, these rules prevail.

(e) Law applicable to other proceedings

In any action under the Family Code that is not considered a “proceeding” as defined in (b), all provisions of law applicable to civil actions generally apply. Such an action must be commenced by filing an appropriate petition, and the respondent must file an appropriate response within 30 days after service of the summons and a copy of the petition.

(f) Extensions of time

The time within which any act is permitted or required to be done by a party under these rules may be extended by the court upon such terms as may be just.

(g) Implied procedures

In the exercise of the court’s jurisdiction under the Family Code, if the course of proceeding is not specifically indicated by statute or these rules, any suitable process or mode of proceeding may be adopted by the court that is consistent with the spirit of the Family Code and these rules.

End

Plain-English Summary

This is the rule that makes the rest of the division readable. It supplies twelve definitions, and several of them settle questions that would otherwise be argued. An “action” is the lawsuit itself; a “proceeding” is a hearing within it, and the rule lists what counts — dissolution, nullity, legal separation, custody and support, parentage, adoptions, contempt in family matters, and cases brought under the Domestic Violence Prevention Act, the Uniform Parentage Act, the UCCJEA, the Indian Child Welfare Act, or UIFSA. A “party” includes a self-represented person, and any designation of a party carries that party’s attorney of record with it.

Two definitions are there to keep everyday language and legal language in step. “Dissolution” is the legal term for divorce. “Reschedule the hearing” means what the Family Code calls continuing the hearing — moving it to another date and time. The rules use the plainer phrase and the definition ties it back to the statute.

The reach provisions matter as much as the vocabulary. Subdivision (c) confines the Family Rules to actions and proceedings the Family Code applies to, unless another rule says otherwise. Subdivision (d) then brings in the general civil law for everything the Family Rules do not cover — but where the two conflict, the Family Rules prevail. Subdivision (g) closes the last gap: if neither the Family Code nor these rules indicate how to proceed, the court may adopt any suitable process consistent with their spirit.

Frequently Asked Questions

What is the difference between an “action” and a “proceeding” in family court?

The action is the case — the lawsuit brought to enforce a right or remedy a harm, including everything that happens in it. A proceeding is a hearing within an action under the Family Code. Rule 5.2(b) lists the kinds of hearings that qualify.

Do the Family Rules apply to a case that is not under the Family Code?

Generally no. Rule 5.2(c) limits the division to actions and proceedings the Family Code applies to, unless a rule elsewhere explicitly extends itself. For an action under the Family Code that is not a “proceeding” as defined, subdivision (e) applies the general civil rules and gives the respondent 30 days after service to respond.

If a Family Rule conflicts with a general civil rule, which one governs?

The Family Rule. Subdivision (d) applies general civil law to Family Code proceedings, then says that where these rules conflict with other statutes or rules, these rules prevail.

Can the court extend a deadline set by these rules?

Yes. Subdivision (f) lets the court extend the time to do any act permitted or required of a party under these rules, on terms that are just.

Amendment History

Rule 5.2 amended effective July 1, 2026; adopted effective January 1, 2013; previously amended effective July 1, 2020.

(Subd (b) amended effective July 1, 2026; previously amended effective July 1, 2020.)

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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