Homepage Blank California Jv 740 PDF Form
Article Guide

The California JV 740 form serves as a crucial legal document in the juvenile court system, particularly for individuals seeking to modify, change, or set aside previous court orders related to a child who is a ward of the court. This form is utilized when there are changes in circumstances or new evidence that may affect the child's welfare, as outlined under the Welfare and Institutions Code sections 601 and 602. The petitioner, who may be a parent, legal guardian, attorney for the child, probation officer, or other interested parties, must clearly articulate the changes or new evidence in a numbered format. Additionally, the form allows the petitioner to request specific modifications to prior orders and to schedule a hearing for the court to consider these requests. The court will assess whether the proposed modifications align with the best interests of the child, which is the primary concern in such cases. Furthermore, the JV 740 includes provisions for accommodations for individuals with disabilities, ensuring that all parties have access to the legal process. This form is essential for navigating the complexities of juvenile law and ensuring that the child's needs are adequately addressed in court proceedings.

Document Preview

JV-740

CASE NAME:

CASE NUMBER:

PETITION TO MODIFY, CHANGE, OR SET ASIDE PREVIOUS ORDERS—

CHANGE OF CIRCUMSTANCES

1.

The child is a ward of the court under Welfare and Institutions Code section

 

601

 

602.

2.

Petitioner is the

 

 

 

 

 

 

 

 

a.

 

parent

e.

 

attorney for the child

 

 

 

 

 

 

 

 

 

 

 

legal guardian

f.

 

child

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

other interested person (describe interest):

 

c.

 

probation officer

g.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

adult relative (state relationship):

 

 

 

 

 

 

 

 

d.

 

 

 

 

 

 

 

 

3.Petitioner alleges the following changes of circumstances or new evidence regarding the child (describe changes, numbering each change or new evidence):

See Attachment 3 for further grounds.

4. Petitioner requests the following modifications of prior orders:

5.

Petitioner requests that the court order a hearing to be held on (date):

at (time):

 

and cause notice to be given to persons prescribed by law.

 

THE COURT FINDS AND ORDERS

 

6.

Petition to modify, change, or set aside previous order filed (date):

 

 

a.

 

is denied.

 

 

 

 

 

 

 

states a change of circumstances or new evidence.

 

 

b.

 

 

 

 

 

 

 

 

is agreed to by all parties and attorneys of record.

 

 

c.

 

 

7. It appears that the best interest of the child may be promoted by the proposed modification.

8. The petition for modification is granted

 

 

a.

 

as requested in item 4.

 

 

 

 

b.

 

as follows (state specific modifications):

 

 

 

 

 

 

 

 

 

 

 

Continued in Attachment 8b.

 

 

 

 

 

 

 

 

9.

 

Other orders:

 

 

 

 

 

10.

 

The matter is set for hearing

 

 

 

 

 

 

 

 

 

 

 

on (date):

at (time):

in Dept.:

Room:

 

 

 

 

 

 

 

Date:

JUDICIAL OFFICER

Requests for Accommodations

Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the proceeding. Contact the clerk's office or go to www.courts.ca.gov/forms for Request for Accommodations by Persons With Disabilities and Response (form MC-410). (Civil Code, § 54.8.)

Page 1 of 1

Form Approved for Optional Use

Judicial Council of California JV-740 [Rev. January 1, 2012]

PETITION TO MODIFY, CHANGE, OR SET ASIDE

PREVIOUS ORDERS — CHANGE OF CIRCUMSTANCES

Welfare and Institutions Code, § 600 et seq.; Cal. Rules of Court, rule 5.504 www.courts.ca.gov

Form Specifications

Fact Name Description
Purpose The JV-740 form is used to petition the court to modify, change, or set aside previous orders regarding a child.
Governing Laws This form is governed by the Welfare and Institutions Code, specifically sections 600 et seq., and California Rules of Court, rule 5.504.
Eligibility Petitioners can include parents, legal guardians, probation officers, attorneys for the child, or other interested persons.
Change of Circumstances Petitioners must describe any changes of circumstances or new evidence that justify the request for modification.
Hearing Request The form allows petitioners to request a hearing date and time, ensuring proper notice is given to relevant parties.

California Jv 740: Usage Guidelines

After gathering the necessary information, you can proceed to fill out the California JV-740 form. This form is used to request modifications to previous court orders based on changes in circumstances. Ensure that all sections are completed accurately to facilitate the review process.

  1. At the top of the form, fill in the CASE NAME and CASE NUMBER.
  2. Identify the Petitioner by checking the appropriate box:
    • a. parent
    • b. other interested person (describe interest)
    • c. probation officer
    • d. attorney for the child
    • e. legal guardian
    • f. child
    • g. adult relative (state relationship)
  3. In section 3, describe the changes of circumstances or new evidence regarding the child. Number each change or piece of evidence clearly.
  4. In section 4, list the modifications you are requesting for prior orders.
  5. Specify the date and time for the hearing in section 5. Include the exact date: (date) and time: (time).
  6. Section 6 requires you to indicate if the petition has been filed and if it is agreed to by all parties. Check the appropriate box.
  7. In section 8, indicate whether the petition for modification is granted, and specify any modifications in section 8b.
  8. List any other orders in section 9 if applicable.
  9. Finally, fill in the hearing date, time, department, and room number in section 10.

Your Questions, Answered

What is the purpose of the California JV-740 form?

The California JV-740 form is used to request changes to previous court orders regarding a child who is a ward of the court. This form allows petitioners to present new evidence or changes in circumstances that may affect the child's situation.

Who can file a JV-740 form?

Any interested party can file this form. This includes parents, legal guardians, attorneys for the child, probation officers, adult relatives, or other individuals with a specific interest in the child's welfare. Each petitioner must describe their relationship or interest in the child's case.

What information is needed to complete the JV-740 form?

Petitioners need to provide the case name, case number, and details about the changes in circumstances or new evidence. Additionally, they must specify the modifications they are requesting and suggest a date and time for a court hearing.

What should I include when describing changes of circumstances?

When detailing changes of circumstances, it's important to be clear and specific. Number each change or piece of new evidence. This could include changes in the child's living situation, health, education, or behavior that may impact the child's welfare.

What happens after I submit the JV-740 form?

After submission, the court will review the petition. The court may deny the request, agree to it, or set a hearing to discuss the proposed changes. If a hearing is scheduled, notice will be given to the relevant parties as required by law.

How does the court determine if the modification is in the best interest of the child?

The court considers various factors, including the child's safety, emotional well-being, and stability. The proposed changes must demonstrate that they will promote the child's best interests. This evaluation is crucial in deciding whether to grant the petition.

What accommodations are available for individuals with disabilities?

Individuals with disabilities can request accommodations such as assistive listening systems, real-time captioning, or sign language interpreter services. These requests should be made at least five days before the court proceeding. Contact the clerk's office or visit the court's website for more information on how to request these services.

Where can I find more information about the JV-740 form?

For additional details and resources, you can visit the California courts website at www.courts.ca.gov/forms. This site provides access to various forms and information related to court procedures.

Common mistakes

  1. Incomplete Information: One of the most common mistakes is failing to provide all required information. Each section of the JV-740 form must be filled out completely. Missing details, such as the case name or number, can lead to delays in processing.

  2. Incorrect Petitioner Identification: It is crucial to accurately identify who the petitioner is. Misclassifying oneself, such as selecting "other interested person" when you are actually the child's parent or legal guardian, can create confusion and complicate the case.

  3. Vague Descriptions of Changes: When describing changes of circumstances or new evidence, specificity is key. General statements without clear details do not adequately support the petition and may result in a denial.

  4. Failure to Request a Hearing: Some individuals overlook the importance of explicitly requesting a hearing date and time. Without this request, the court may not schedule a hearing, leaving the petition unresolved.

  5. Neglecting Attachments: If additional grounds or modifications are referenced, it is essential to attach the relevant documents. Forgetting to include these attachments can undermine the petition's validity and lead to dismissal.

Documents used along the form

The California JV-740 form is a crucial document used in juvenile court proceedings to request modifications to previous orders regarding a child who is a ward of the court. Along with this form, several other documents may be necessary to support the petition or to fulfill legal requirements. Below is a list of forms that are commonly used in conjunction with the JV-740.

  • JV-735: Notice of Hearing - This form notifies all interested parties about the upcoming hearing related to the petition. It ensures that everyone involved has the opportunity to attend and present their views.
  • JV-740(A): Attachment to Petition - This is used to provide additional details or evidence supporting the claims made in the JV-740. It allows the petitioner to elaborate on the changes of circumstances or new evidence.
  • JV-750: Order After Hearing - After the hearing, this document records the court's decision regarding the petition. It outlines any modifications made to previous orders and the rationale behind those decisions.
  • JV-760: Report of the Probation Officer - This report provides the court with insights and recommendations from the probation officer regarding the child's situation. It often influences the court's decision.
  • MC-410: Request for Accommodations by Persons With Disabilities - If any party requires accommodations for disabilities during the hearing, this form must be submitted to ensure proper arrangements are made.
  • JV-800: Child’s Counsel Appearance - This form is used when a child has legal representation. It indicates the attorney's appearance in court and their role in the proceedings.
  • JV-765: Statement of Decision - This document provides a detailed explanation of the court's reasoning behind its decision, including findings of fact and conclusions of law.
  • JV-750(A): Order Modifying Previous Orders - This is a specific order that outlines the changes made to previous court orders after a successful petition for modification.

Each of these forms plays a vital role in the juvenile court process, ensuring that all parties are informed and that the court has the necessary information to make informed decisions regarding the welfare of the child involved. Understanding these documents can help individuals navigate the complexities of the legal system more effectively.

Similar forms

The California JV-740 form is used to petition for modifications to previous court orders regarding a child who is a ward of the court. Several other legal documents serve similar purposes in different contexts. Below is a list of these documents and how they relate to the JV-740 form:

  • JV-180: Request to Change Court Order - This form allows parties to request changes to existing court orders, focusing on the best interests of the child, similar to the JV-740's emphasis on changing circumstances.
  • JV-500: Petition for Appointment of Guardian - This document is used to request guardianship over a minor. Like the JV-740, it requires showing that a change in the child's situation warrants the request.
  • FL-300: Request for Order - Used in family law cases, this form allows individuals to ask the court for specific orders, paralleling the JV-740’s function of seeking modifications to prior orders.
  • FL-150: Income and Expense Declaration - While primarily focused on financial disclosures, this form can accompany requests for modifications to support orders, similar to how the JV-740 addresses changes in circumstances.
  • FL-310: Request for Order to Modify Child Support - This document is specifically for modifying child support orders, akin to the JV-740’s purpose of modifying orders related to the welfare of a child.
  • MC-030: Declaration - This form allows individuals to provide additional information or evidence to the court. It can be used alongside the JV-740 to support claims of changed circumstances.
  • FL-320: Response to Request for Order - This document is used to respond to requests made in forms like the JV-740, ensuring that all parties have an opportunity to present their views on proposed modifications.

Each of these documents plays a vital role in the legal process, ensuring that the needs and best interests of children are carefully considered and addressed in court. Understanding their similarities can help individuals navigate the complexities of family law more effectively.

Dos and Don'ts

When filling out the California JV-740 form, it's important to follow certain guidelines to ensure accuracy and clarity. Here’s a list of things you should and shouldn’t do:

  • Do read the entire form carefully before starting.
  • Do provide complete and accurate information about the case name and number.
  • Do clearly describe the changes of circumstances or new evidence.
  • Do specify the modifications you are requesting in detail.
  • Do check for any required attachments and include them as needed.
  • Don't leave any sections blank unless instructed to do so.
  • Don't use legal jargon or complex language that may confuse the reader.
  • Don't forget to sign and date the form before submission.
  • Don't submit the form without making a copy for your records.
  • Don't wait until the last minute to file; allow time for any potential issues.

Following these guidelines can help ensure that your petition is processed smoothly. Always remember that clarity and completeness are key.

Misconceptions

Understanding the California JV-740 form can be challenging, and several misconceptions often arise. Here are eight common misunderstandings about this important legal document:

  • The JV-740 form is only for parents. Many believe that only parents can file this form. In reality, other individuals, such as legal guardians, probation officers, or interested parties, can also submit a petition.
  • It can only be used to modify existing orders. While the primary purpose of the JV-740 is to modify, change, or set aside previous orders, it can also be used to present new evidence or changes in circumstances that affect the child's welfare.
  • A hearing is not necessary if all parties agree. Even if all parties agree on the modifications requested, a hearing is still essential. The court must officially approve the changes to ensure they are in the child's best interest.
  • Changes of circumstances must be severe. Some people think that only significant changes warrant filing a JV-740. However, even minor changes can be relevant, depending on how they impact the child's situation.
  • There is no deadline for filing the form. Many assume that they can file the JV-740 at any time. In truth, there are specific timelines for submitting the petition, especially if it relates to ongoing court proceedings.
  • The form is only for children under court supervision. While the JV-740 is often associated with children who are wards of the court, it can also be relevant for children in other legal situations where modifications to orders are needed.
  • Filing the JV-740 guarantees a favorable outcome. Some individuals believe that submitting the form will automatically lead to the desired changes. However, the court must evaluate the petition and determine what is in the child's best interest before granting any modifications.
  • Legal representation is not necessary. While it is possible to file the JV-740 without an attorney, having legal representation can significantly improve the chances of a successful outcome. Legal experts can provide guidance on the process and help present a strong case.

By clarifying these misconceptions, individuals can better navigate the complexities of the JV-740 form and understand its role in advocating for the best interests of the child involved.

Key takeaways

When filling out and using the California JV-740 form, keep these key takeaways in mind:

  • Identify Your Role: Clearly state your relationship to the child. You can be a parent, legal guardian, attorney, or another interested person. This helps establish your standing in the case.
  • Detail Changes: Specify any changes in circumstances or new evidence regarding the child. Number each change for clarity, and refer to Attachment 3 if needed.
  • Request Modifications: Clearly outline the modifications you seek from previous orders. This helps the court understand your specific requests.
  • Set Hearing Details: Indicate the desired date and time for the hearing. Ensure that you also request notice to be given to relevant parties as required by law.
  • Accommodations: If you need assistance, such as sign language interpretation or captioning services, request these at least five days before the hearing.