Rule 5.50.Papers issued by the court

Division 1. Family Rules · Chapter 4. Starting and Responding to a Family Law Case; Service of Papers · Article 1. Summonses, Notices, and Declarations · Last amended 2026 · Last verified September 10, 2026

In one sentenceRule 5.50 tells the clerk which summons to issue for each kind of family case, requires the family law summons to carry the automatic temporary restraining orders, and explains how an individual restraining order displaces them.

Full Text of Rule 5.50

Text sizeJump to: (a) (b) (c)

(a) Issuing the summons; form

If a summons is required to commence a family law case, the clerk of the court must issue the summons using the same procedure for issuing a summons in civil actions, generally.

(1) The clerk of the court must:

(A) Issue a Summons (Family Law) (form FL-110) for divorces, legal separations, or annulment cases involving married persons or domestic partnerships;

(B) Issue a Summons (Uniform Parentage—Petition for Custody and Support) (form FL-210) for parentage or custody and support cases;

(C) Issue a Summons (UIFSA) (form FL-510) when a party seeks to establish or enforce child support orders from other states;

(D) Process a Summons and Complaint or Supplemental Complaint Regarding Parental Obligations (form FL-600) as specified in rule 5.325.

(E) Issue Summons—Gestational Carrier Agreement (form SUR-110) when parties file Petition to Determine Parental Relationship (form SUR-100); and

(F) Issue Joint Summons—Joint Petition (form FL-710) when parties file a joint petition for dissolution of marriage or domestic partnership or legal separation as specified in Family Code sections 2330(c) and 2331.

(2) The clerk of the court must not give the original summons to the petitioner, but must maintain it in the court file, except for support cases initiated by a local child support agency.

(b) Automatic temporary family law restraining order in summons; handling by

the clerk of the court

Under Family Code section 233, in proceedings for dissolution, legal separation, or nullity of a marriage or domestic partnership and in parentage proceedings, the clerk of the court must issue a summons that includes automatic temporary (standard) restraining orders.

(1) The summons and standard restraining orders must be issued and filed in the same manner as a summons in a civil action and must be served and enforced in the manner prescribed for any other restraining order.

(2) If service is by publication, the publication need not include the standard restraining orders.

(1) On application of a party and as provided in the Family Code, a court may issue any individual restraining order that appears to be reasonable or necessary, including those automatic temporary restraining orders in (b) included in the family law summons under Family Code section 233.

(2) Individual restraining orders supersede the standard family law restraining orders in the Family Law and Uniform Parentage Act summonses.

End

Plain-English Summary

The clerk issues a family law summons the same way as a civil one, but the form depends on the case. Dissolution, legal separation, and annulment of a marriage or domestic partnership take the Summons (Family Law). Parentage and custody-and-support cases take the Uniform Parentage summons. Interstate support enforcement takes the UIFSA summons. A gestational carrier parentage petition takes its own summons, and a joint petition for dissolution or legal separation takes the joint summons. One related item is processed rather than issued: the summons and complaint regarding parental obligations, handled under rule 5.325.

The clerk keeps the original. It stays in the court file and is not handed to the petitioner, except in support cases brought by a local child support agency.

Subdivision (b) is the one that changes behavior the moment a case is filed. In dissolution, legal separation, nullity, and parentage proceedings, the summons the clerk issues includes the automatic temporary restraining orders required by Family Code section 233 — the standard orders about property, insurance, and removing children from the state. They are issued, filed, served, and enforced like any other restraining order. If service is by publication, the publication need not include them.

An individual restraining order is available on application where it appears reasonable or necessary, including orders covering the same ground as the standard ones. Where one issues, it supersedes the standard restraining orders printed on the summons.

Frequently Asked Questions

What are the automatic restraining orders on a divorce summons?

They are the standard temporary restraining orders that Family Code section 233 requires the summons to include in dissolution, legal separation, nullity, and parentage proceedings. They are served and enforced like any other restraining order.

Which summons is used for a parentage case?

Summons (Uniform Parentage—Petition for Custody and Support) (form FL-210). Gestational carrier parentage petitions use Summons—Gestational Carrier Agreement (form SUR-110).

Can I get the original summons from the clerk?

No. The clerk must keep the original in the court file rather than give it to the petitioner, except in support cases initiated by a local child support agency.

What happens to the standard orders if I get my own restraining order?

An individual restraining order supersedes the standard family law restraining orders printed in the Family Law and Uniform Parentage Act summonses.

Amendment History

Rule 5.50 amended effective July 1, 2026; adopted effective January 1, 2013; previously amended effective January 1, 2016, and January 1, 2026.

(Subd (a) amended effective January 1, 2026.) (Subd (b) amended effective July 1, 2026: previously amended effective January 1, 2016.) (Subd (c) amended effective January 1, 2016.)

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

Also known as: family law summons Californiaautomatic temporary restraining orders divorceATROS California summonsFL-110 summons family law