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The California FJ 200 form serves a crucial role in family law and juvenile proceedings, specifically designed to facilitate the appointment of a guardian ad litem for minors. This form is not applicable for dissolution proceedings but is essential in cases involving minors where their interests need representation. Key sections of the FJ 200 include the identification of the attorney or party submitting the application, details about the minor, and the proposed guardian's information. It requires the applicant to outline the relationship between the minor and the proposed guardian and to explain why this appointment is necessary. The form also includes sections for consent from the proposed guardian and, if applicable, the minor themselves if they are 14 years of age or older. Additionally, it concludes with a judicial order that confirms the court's decision regarding the application. Understanding this form is vital for anyone involved in family law or juvenile cases, as it ensures that the rights and interests of minors are adequately protected during legal proceedings.

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FJ-200

 

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address) or

FOR COURT USE ONLY

 

GOVERNMENTAL AGENCY:

 

 

 

 

 

 

 

TELEPHONE NO. (Optional):

FAX NO. (Optional):

 

E–MAIL ADDRESS (Optional):

 

 

 

ATTORNEY FOR (Name):

 

 

 

 

 

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

 

 

STREET ADDRESS:

 

 

 

MAILING ADDRESS:

 

 

 

CITY AND ZIP CODE:

 

 

 

BRANCH NAME:

 

 

 

 

 

 

 

 

CHILD'S NAME:

 

 

 

 

 

 

 

 

PETITIONER:

 

 

 

RESPONDENT:

 

 

 

OTHER PARENT:

 

 

 

 

 

 

 

 

APPLICATION AND ORDER FOR APPOINTMENT OF

CASE NUMBERS:

 

GUARDIAN AD LITEM OF MINOR—FAMILY LAW/JUVENILE

JUVENILE:

 

 

 

EX PARTE

FAMILY:

 

 

 

 

 

NOTE: This form is for use in juvenile proceedings and family law proceedings with the exception of dissolution proceedings. For appointment of a guardian ad litem in civil proceedings, use Form 982(a)(27). For appointment of a guardian ad litem in probate proceedings, use Form DE-350, GC-100.

1.I (name):

a.

 

attorney for:

 

 

 

 

 

 

(1)

 

the minor.

 

 

 

 

 

 

 

 

 

 

 

 

 

(2)

 

parent of the minor.

 

 

 

 

 

 

 

 

 

 

 

(3)

 

other interested person (specify name and relationship):

 

 

 

 

 

 

 

 

 

 

 

b.

 

parent of the minor.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

c.

 

other interested person.

 

 

 

 

 

 

 

 

 

 

 

 

d.

 

minor (answer all that apply to you):

 

 

 

 

 

(1)

My date of birth is (specify):

 

 

 

 

 

(2)

I live with my

 

mother

 

father

 

legal guardian

 

(3)

My mother's name is (specify):

 

 

 

 

 

(4)

My father's name is (specify):

 

 

 

 

am the

other (specify name and relationship): , and her address is:

, and his address is:

(5)

 

I have a legal guardian. My legal guardian's name is (specify):

, and his

 

 

or her address is:

 

 

 

 

The guardianship was established in:

County, case no. (if known):

 

(6)

 

I am a dependent child of the juvenile court of:

County, case no. (if known):

 

(7)

 

I am a ward of the juvenile court of:

County, case no. (if known):

 

 

 

2.I ask the court to appoint the following person as guardian ad litem for the minor (state name, address, and telephone no.):

3.The relationship of the person listed in item 2 to the minor is

a. parent

b. other (specify):

4.Appointment of a guardian ad litem is necessary because (specify):

Attachment 4 (Describe in detail, attach additional pages if necessary).

(Continued on reverse)

Form Approved for Optional Use

Judicial Council of California FJ-200 [New January 1, 2001]

APPLICATION AND ORDER FOR APPOINTMENT OF

GUARDIAN AD LITEM OF MINOR—FAMILY LAW/JUVENILE

Civil Procedure Code § 373

Welfare and Institutions Code, § 356.5

Family Code § 7635

(Family Law—Juvenile—Domestic Violence Prevention—

Uniform Parentage—Governmental)

CHILD'S NAME: PETITIONER:

RESPONDENT:

OTHER PARENT:

CASE NUMBERS:

JUVENILE:

FAMILY:

5.The proposed guardian ad litem is fully competent to understand and protect the rights of the minor and has no interest conflicting with that of the minor.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF APPLICANT)

 

 

CONSENT TO ACT AS GUARDIAN AD LITEM

I consent to the appointment as guardian ad litem, and agree to assume the responsibilities.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF PROPOSED GUARDIAN)

 

CONSENT TO GUARDIAN BY MINOR 14 YEARS OF AGE OR OLDER

I, (name):

, am (specify age):

years of age and hereby nominate

(name):

to be my guardian ad litem to represent my interests for the

reasons set forth in items 4 and 5 of this application.

 

 

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF PETITIONER)

 

ORDER

THE COURT FINDS

It is reasonable and necessary to appoint a guardian ad litem for the person(s) named in the application, as requested above.

THE COURT ORDERS that (name):

is hereby appointed guardian ad

litem of (name):

for the purposes hereinabove set

forth in item 4 of the petition.

 

Application for an Appointment of Guardian ad Litem filed (date):

 

a.

 

is denied.

 

 

 

 

 

b.

 

is granted.

 

 

 

 

 

c.

 

is set for hearing on (date): .

at (time):

Date:

 

 

 

 

 

JUDICIAL OFFICER

 

 

 

SIGNATURE FOLLOWS LAST ATTACHMENT

FJ-200 [New January 1, 2001]

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM OF MINOR—FAMILY LAW/JUVENILE

Page two

(Family Law—Juvenile)

Form Specifications

Fact Name Description
Form Purpose The FJ-200 form is used to apply for the appointment of a guardian ad litem for a minor in family law and juvenile proceedings.
Governing Laws This form is governed by California Civil Procedure Code § 373, Welfare and Institutions Code § 356.5, and Family Code § 7635.
Eligibility It is specifically designed for cases involving minors, excluding dissolution proceedings.
Optional Information Contact details such as telephone number, fax number, and email address are optional for the attorney or party submitting the form.
Minor's Information The form requires detailed information about the minor, including their date of birth and living arrangements.
Guardian's Competence The proposed guardian ad litem must be competent to protect the minor's rights and have no conflicting interests.
Consent Requirement Consent from the proposed guardian ad litem is necessary, confirming their willingness to assume the responsibilities.
Minor's Consent If the minor is 14 years of age or older, their consent is also required for the appointment of the guardian ad litem.
Court's Role The court reviews the application and determines whether to grant or deny the appointment of the guardian ad litem.

California Fj 200: Usage Guidelines

Filling out the California FJ 200 form is an important step in appointing a guardian ad litem for a minor. This form is used in family law and juvenile proceedings, ensuring that the rights and interests of the minor are adequately represented. Follow these steps carefully to complete the form accurately.

  1. At the top of the form, provide your name, state bar number (if applicable), and address. If you are a governmental agency, include that information as well.
  2. Enter your telephone number, fax number, and email address, if desired. This information is optional.
  3. Specify the attorney for the minor, if applicable, by providing their name.
  4. Fill in the court details, including the street address, mailing address, city, and zip code of the Superior Court of California, County of.
  5. Write the child's name, along with the names of the petitioner, respondent, and other parent.
  6. List the case numbers for juvenile and family law proceedings.
  7. In section 1, indicate your relationship to the minor by checking the appropriate boxes. Provide your name and other relevant information, including the minor's date of birth and living situation.
  8. Complete the details regarding the minor's parents or legal guardians, including their names and addresses.
  9. In section 2, state the name, address, and telephone number of the person you wish to appoint as the guardian ad litem.
  10. In section 3, specify the relationship of the proposed guardian ad litem to the minor.
  11. In section 4, explain why the appointment of a guardian ad litem is necessary. Attach additional pages if needed.
  12. In section 5, confirm that the proposed guardian ad litem is competent and has no conflicting interests.
  13. Sign and date the application at the bottom, typing or printing your name as the applicant.
  14. If applicable, the proposed guardian must consent to act as guardian ad litem by signing and dating the consent section.
  15. If the minor is 14 years of age or older, they must also sign and date the consent section to nominate the guardian ad litem.
  16. Leave the order section blank for the judicial officer to complete after reviewing the application.

Your Questions, Answered

What is the purpose of the California FJ 200 form?

The California FJ 200 form is used to apply for the appointment of a guardian ad litem for a minor in family law or juvenile proceedings. This form helps ensure that a minor's rights are protected during legal processes. It is specifically designed for cases that do not involve dissolution proceedings. For other types of guardianship, different forms are required.

Who can file the FJ 200 form?

The FJ 200 form can be filed by various parties, including the minor, a parent of the minor, or another interested person. Each applicant must provide their relationship to the minor and relevant details, such as names and addresses, to ensure proper representation.

What information is required on the FJ 200 form?

The form requires detailed information about the minor, including their name, date of birth, and living situation. Applicants must also provide information about the proposed guardian ad litem, including their name, address, and relationship to the minor. Additionally, the form asks for a justification of why the appointment is necessary.

What happens after the FJ 200 form is submitted?

Once the FJ 200 form is submitted, the court will review the application. The court can either grant or deny the request for a guardian ad litem. If granted, the court will issue an order appointing the guardian. If the application is denied, the court may schedule a hearing to discuss the matter further.

Can a minor over 14 years old consent to their own guardian ad litem?

Yes, a minor who is 14 years of age or older can nominate their own guardian ad litem using the FJ 200 form. They must provide their name, age, and the name of the person they wish to appoint. This consent is an important part of the process, ensuring that the minor's preferences are taken into account.

Common mistakes

  1. Failure to provide complete contact information for the attorney or party without attorney can lead to delays. Ensure that the name, state bar number, address, and optional contact details are filled in accurately.

  2. Neglecting to specify the relationship of the proposed guardian ad litem to the minor can result in confusion. This section is crucial for establishing the guardian's suitability.

  3. Omitting necessary details about the minor's living situation can create complications. All relevant information regarding the minor's guardianship and living arrangements must be included.

  4. Not addressing the reason for the appointment of a guardian ad litem can weaken the application. Clearly articulate why this appointment is necessary for the minor's best interests.

  5. Forgetting to obtain the signature of the proposed guardian can invalidate the application. Ensure all required signatures are present to avoid rejection.

Documents used along the form

The California FJ-200 form is used to request the appointment of a guardian ad litem for a minor in family law or juvenile proceedings. When filing this form, several other documents may also be required to support the application or to provide additional information. Below is a list of commonly associated forms and documents.

  • Form 982(a)(27): This form is used for the appointment of a guardian ad litem in civil proceedings. It serves a similar purpose to the FJ-200 but is applicable outside family law and juvenile contexts.
  • Form DE-350: This document is utilized for appointing a guardian ad litem in probate proceedings. It ensures that the interests of minors or incapacitated individuals are represented in probate matters.
  • Form GC-100: This form is another option for appointing a guardian ad litem in probate cases. It includes detailed information about the proposed guardian and the minor's situation.
  • Form FL-300: This is a Request for Order form used in family law cases. It can be submitted to request various types of orders from the court, including those related to custody and visitation.
  • Form FL-150: This Income and Expense Declaration form provides the court with financial information relevant to family law cases. It may be necessary for determining child support or spousal support obligations.
  • Form FL-140: This Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act is used to inform the court about any prior custody proceedings involving the minor. It helps establish jurisdiction for the current case.
  • Form JV-100: This form is used in juvenile court to request a hearing regarding the appointment of a guardian ad litem. It is specifically designed for juvenile proceedings and addresses the unique needs of minors in these cases.

Each of these forms serves a distinct purpose in the legal process surrounding the appointment of a guardian ad litem. Properly completing and submitting them can help ensure that the minor's rights and interests are adequately protected throughout the proceedings.

Similar forms

The California FJ-200 form, which is used for the appointment of a guardian ad litem for a minor in family law and juvenile proceedings, shares similarities with several other legal documents. Each of the following forms serves a specific purpose related to guardianship and representation. Here are four documents that are similar to the FJ-200 form:

  • Form 982(a)(27): This form is used for the appointment of a guardian ad litem in civil proceedings. Like the FJ-200, it facilitates the appointment of a representative for a minor, ensuring their rights are protected in legal matters.
  • Form DE-350: This document is utilized in probate proceedings for appointing a guardian ad litem. Similar to the FJ-200, it addresses the need for a guardian to represent the interests of a minor or an incapacitated person in court.
  • Form GC-100: This form is also for the appointment of a guardian ad litem but is specifically designed for guardianship cases. It shares the common goal of ensuring that the rights of the minor are upheld during legal proceedings.
  • Form FL-320: This form is used in family law cases to request the appointment of a guardian ad litem. It parallels the FJ-200 in its focus on family law matters and the protection of minors' interests within the legal system.

Dos and Don'ts

When filling out the California FJ 200 form, it is essential to adhere to specific guidelines to ensure a smooth process. Here are five important do's and don'ts:

  • Do provide accurate information regarding the child's name and case numbers.
  • Do include your contact details, such as telephone number and email address, if applicable.
  • Do specify the relationship of the proposed guardian ad litem to the minor clearly.
  • Don't leave any sections blank; every part of the form must be filled out completely.
  • Don't submit the form without reviewing it for errors or omissions.

By following these guidelines, you can help ensure that the application process is efficient and effective.

Misconceptions

Misconceptions about the California FJ 200 form can lead to confusion and missteps in legal proceedings. Here are five common misconceptions along with clarifications:

  • The FJ 200 form is only for family law cases. While it is primarily used in family law, the form is also applicable in juvenile proceedings. It is important to recognize its broader scope.
  • A guardian ad litem can be appointed without a formal request. A formal application must be submitted using the FJ 200 form. This ensures that the court has the necessary information to make an informed decision.
  • Only attorneys can file the FJ 200 form. The form can be filed by any interested party, including parents or guardians of the minor. Legal representation is not a requirement for submitting the form.
  • The guardian ad litem has no responsibilities. On the contrary, the guardian ad litem is entrusted with significant responsibilities, including protecting the minor's interests and representing their rights in court.
  • The court automatically approves all applications for guardianship. Each application is reviewed on a case-by-case basis. The court must determine that appointing a guardian ad litem is reasonable and necessary before granting approval.

Understanding these misconceptions can help individuals navigate the legal process more effectively and ensure that the best interests of the minor are prioritized.

Key takeaways

Key Takeaways for Filling Out and Using the California FJ 200 Form:

  • This form is specifically for appointing a guardian ad litem for minors in family law and juvenile proceedings, excluding dissolution cases.
  • Ensure all required sections are completed accurately, including details about the minor and the proposed guardian.
  • Attachment 4 is crucial for providing a detailed explanation of why the appointment is necessary; additional pages may be attached if needed.
  • The proposed guardian must have no conflicting interests and should be competent to protect the minor's rights.
  • Signatures are required from both the applicant and the proposed guardian to validate the application.