Rule 5.60.Petition or complaint; alternative relief

Division 1. Family Rules · Chapter 4. Starting and Responding to a Family Law Case; Service of Papers · Article 2. Initial Pleadings · Adopted 2013 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.60 requires a family law case to be started on a Judicial Council petition where one exists, and lets either party request alternative relief in the petition or response.

Full Text of Rule 5.60

Text sizeJump to: (a) (b)

(a) Format

A party starting a family law case must file an appropriate petition or complaint using a form approved by the Judicial Council. Where the Judicial Council has not approved a specific petition or complaint form, the party must submit the petition or complaint in an appropriate format under Trial Court Rules, rules 2.100 through 2.119.

(b) Request for alternative relief

The petitioner or respondent may request alternative relief when filing a family law action. The request for alternative relief must be indicated in the petition or response.

End

Plain-English Summary

A party starting a family law case files a petition or complaint on a Judicial-Council-approved form. Where no form has been approved for that petition, the party prepares it in an appropriate format under the Trial Court Rules governing the form of papers.

Subdivision (b) allows a request for alternative relief — asking, for instance, for one outcome or another depending on what the evidence shows. The requirement is that the alternative be indicated in the petition or the response, not raised for the first time later.

Frequently Asked Questions

Do I have to use a Judicial Council form to start a family law case?

Yes where one has been approved for that petition or complaint. Where none has, the paper must comply with the format requirements in rules 2.100 through 2.119.

Can I ask for alternative relief?

Yes, and either party may. The request must be indicated in the petition or the response.

Amendment History

Rule 5.60 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

Also known as: starting a family law case Californiapetition form family lawalternative relief family law petition