When is a Joinder in a Family Law Case Appropriate?

Most people know that in divorce or domestic partnership dissolution, certain employee benefit plans can be joined to the action. In so doing, the retirement accounts are divided before the case is complete. But not everyone knows about other “joinder provisions” in the Family Code that help interested parties in other situations.

While uncommon, joinder provisions in divorce can serve to protect a party’s rights or limit a spouse’s exposure. Once joined, the third person effectively becomes a party to the case.

When might a party have a recognizable interest in a marital action that prompts a joinder provision?

Let’s explore some scenarios.

Scenario: A third party has an interest in marital property

If a third party holds title to or claims an interest in real or personal property subject to disposition in the proceeding, the court may join that party to the action. The court may also join a third party if they are needed to enforce an issue. Here are a few examples:

• A husband engages in an affair during the marriage. He lavishes his girlfriend with gifts and pays for them with his wife’s (or his) earnings. The wife seeks to join the girlfriend in the action.
• A wife and her business partner own 30% of a corporation. That 30% is community property. Thus, the corporation may need to be joined to the action to protect its interests.

Criteria for joining a party

When deciding whether to join a party, the court considers the following factors:

1. Whether it would be appropriate to determine a particular issue in the proceeding
2. Whether the party to be joined is indispensable to a determination of the issue or necessary to the enforcement of any judgment rendered on that issue (Cal Rules of Ct 5.24(e)(2))

Assuming the judge joins the party or parties, the court has the power to decide the rights of anyone who claims an interest.

Scenario: There is a claim of child custody or visitation rights

The court prefers awarding custody of a child to their parents. In limited circumstances, however, it may award custody or visitation rights to a third party, such as a grandparent or sibling.

Either parent or a third party may apply for a joinder. If the court learns that a third party has or claims custody, control, or visitation rights of a child, the court must join that party to the action. For example:

• A grandparent who has assumed the essential role of a parent or has been a  part of the persons life with an established relationship may have a basis for joinder in a family law action.

Scenario: A party has been served with a restraining order

Property restraints (like restraining a person from transferring, concealing, or disposing of real or personal property) are sometimes directed to nonparties. For example:

• A trustee of property owned by one or both spouses may be restrained from distributing the property until the court determines the parties’ respective interests in the trust corpus.

The person to be restrained may contest the restraint at a court hearing in the family law proceeding. They can do this without actually being joined as a party. However, if the order involves a substantial right of the restrained party that should only be determined after trial (a full evidentiary hearing), a joinder will likely be needed to protect their rights.

Joinders are rare in family law cases. However, they sometimes prove essential in protecting rights in a divorce, child custody action, or domestic partnership dissolution. source

GRANDPARENT CASE LAW 

Do Grandparents Have Visitation Rights? If there is an Established Relationship then Yes

Third “PRESUMED PARENT” Family Code 7612(C) – Requires Established Relationship Required

Cal State Bar PDF to read about Three Parent Law –
The State Bar of California family law news issue4 2017 vol. 39, no. 4.pdf

Distinguishing Request for Custody from Request for Visitation

Troxel v. Granville, 530 U.S. 57 (2000) – Grandparents – 14th Amendment

Child’s Best Interest in Custody Cases

9.32 Particular Rights – Fourteenth Amendment – Interference with Parent / Child Relationship

When is a Joinder in a Family Law Case Appropriate? – Reason for Joinder

Joinder In Family Law Cases – CRC Rule 5.24

GrandParents Rights To Visit
Family Law Packet OC Resource Center
Family Law Packet SB Resource Center

Motion to vacate an adverse judgment

Mandatory Joinder vs Permissive Joinder – Compulsory vs Dismissive Joinder

When is a Joinder in a Family Law Case Appropriate?

Kyle O. v. Donald R. (2000) 85 Cal.App.4th 848

Punsly v. Ho (2001) 87 Cal.App.4th 1099

Zauseta v. Zauseta (2002) 102 Cal.App.4th 1242

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

Ian J. v. Peter M

Can I Use Text Messages in My California Divorce?

Two-Steps And Voila: How To Authenticate Text Messages

How Your Texts Can Be Used As Evidence?

California Supreme Court Rules: Text Messages Sent on Private Government Employees Lines Subject to Open Records Requests

case law: City of San Jose v. Superior Court – Releasing Private Text/Phone Records of Government  Employees

Public Records Practices After the San Jose Decision

The Decision Briefing Merits After the San Jose Decision

Here is the Public Records Service Act Portal for all of CALIFORNIA Click Here

Rule 5.24. Joinder of persons claiming interest

CALIFORNIA RULES OF COURT  Family and Juvenile Rules  Joinder of Parties

2022 California Rules of Court

Rule 5.24. Joinder of persons claiming interest

A person who claims or controls an interest in any matter subject to disposition in the proceeding may be joined as a party to the family law case only as provided in this chapter.

• (a) Applicable rules
  • (1)  All provisions of law relating to joinder of parties in civil actions generally apply to the joinder of a person as a party to a family law case, except as otherwise provided in this chapter.
  • (2)  The law applicable to civil actions generally governs all pleadings, motions, and other matters pertaining to that portion of the proceeding as to which a claimant has been joined as a party to the proceeding in the same manner as if a separate action or proceeding not subject to these rules had been filed, except as otherwise provided in this chapter or by the court in which the proceeding is pending.
• (b) “Claimant” defined
  For purposes of this rule, a “claimant” is an individual or an entity joined or sought or seeking to be joined as a party to the family law proceeding.
• (c) Persons who may seek joinder
  • (1)  The petitioner or the respondent may apply to the court for an order joining a person as a party to the case who has or claims custody or physical control of any of the minor children subject to the action, or visitation rights with respect to such children, or who has in his or her possession or control or claims to own any property subject to the jurisdiction of the court in the proceeding.
  • (2)  A person who has or claims custody or physical control of any of the minor children subject to the action, or visitation rights with respect to such children, may apply to the court for an order joining himself or herself as a party to the proceeding.
  • (3)  A person served with an order temporarily restraining the use of property that is in his or her possession or control or that he or she claims to own, or affecting the custody of minor children subject to the action, or visitation rights with respect to such children, may apply to the court for an order joining himself or herself as a party to the proceeding.
• (d) Form of joinder application
  • (1)  All applications for joinder other than for an employee pension benefit plan must be made by serving and filing form a Notice of Motion and Declaration for Joinder (form FL-371). The hearing date must be less than 30 days from the date of filing the notice. The completed form must state with particularity the claimant’s interest in the proceeding and the relief sought by the applicant, and it must be accompanied by an appropriate pleading setting forth the claim as if it were asserted in a separate action or proceeding.
  • (2)  A blank copy of Responsive Declaration to Motion for Joinder and Consent Order for Joinder (form FL-373) must be served with the Notice of Motion and accompanying pleading.
• (e) Court order on joinder
• (1)  Mandatory joinder
  • (A)  The court must order that a person be joined as a party to the proceeding if the court discovers that person has physical custody or claims custody or visitation rights with respect to any minor child of the marriage, domestic partnership, or to any minor child of the relationship.
  • (B)  Before ordering the joinder of a grandparent of a minor child in the proceeding under Family Code section 3104, the court must take the actions described in section 3104(a).
• (2)  Permissive joinder
  The court may order that a person be joined as a party to the proceeding if the court finds that it would be appropriate to determine the particular issue in the proceeding and that the person to be joined as a party is either indispensable for the court to make an order about that issue or is necessary to the enforcement of any judgment rendered on that issue.
  In deciding whether it is appropriate to determine the particular issue in the proceeding, the court must consider its effect upon the proceeding, including:
  • (A)  Whether resolving that issue will unduly delay the disposition of the proceeding;
  • (B)  Whether other parties would need to be joined to make an effective judgment between the parties;
  • (C)  Whether resolving that issue will confuse other issues in the proceeding; and
  • (D)  Whether the joinder of a party to determine the particular issue will complicate, delay, or otherwise interfere with the effective disposition of the proceeding.
• (3)  Procedure upon joinder
  If the court orders that a person be joined as a party to the proceeding under this rule, the court must direct that a summons be issued on Summons (Joinder) (form FL-375) and that the claimant be served with a copy of Notice of Motion and Declaration for Joinder (form FL-371), the pleading attached thereto, the order of joinder, and the summons. The claimant has 30 days after service to file an appropriate response.

(Subd (e) amended effective January 1, 2017.)
Rule 5.24 amended effective January 1, 2017; adopted effective January 1, 2013.
Title 5, Family and Juvenile Rules-Division 1, Family Rules-Chapter 2, Parties and Joinder of Parties-Article 3, Employee Pension Benefit Plan; adopted January 1, 2013.

source

GRANDPARENT CASE LAW 

Do Grandparents Have Visitation Rights? If there is an Established Relationship then Yes

Third “PRESUMED PARENT” Family Code 7612(C) – Requires Established Relationship Required

Cal State Bar PDF to read about Three Parent Law –
The State Bar of California family law news issue4 2017 vol. 39, no. 4.pdf

Distinguishing Request for Custody from Request for Visitation

Troxel v. Granville, 530 U.S. 57 (2000) – Grandparents – 14th Amendment

Child’s Best Interest in Custody Cases

9.32 Particular Rights – Fourteenth Amendment – Interference with Parent / Child Relationship

When is a Joinder in a Family Law Case Appropriate? – Reason for Joinder

Joinder In Family Law Cases – CRC Rule 5.24

GrandParents Rights To Visit
Family Law Packet OC Resource Center
Family Law Packet SB Resource Center

Motion to vacate an adverse judgment

Mandatory Joinder vs Permissive Joinder – Compulsory vs Dismissive Joinder

When is a Joinder in a Family Law Case Appropriate?

Kyle O. v. Donald R. (2000) 85 Cal.App.4th 848

Punsly v. Ho (2001) 87 Cal.App.4th 1099

Zauseta v. Zauseta (2002) 102 Cal.App.4th 1242

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

Ian J. v. Peter M

Can I Use Text Messages in My California Divorce?

Two-Steps And Voila: How To Authenticate Text Messages

How Your Texts Can Be Used As Evidence?

California Supreme Court Rules: Text Messages Sent on Private Government Employees Lines Subject to Open Records Requests

case law: City of San Jose v. Superior Court – Releasing Private Text/Phone Records of Government  Employees

Public Records Practices After the San Jose Decision

The Decision Briefing Merits After the San Jose Decision

Here is the Public Records Service Act Portal for all of CALIFORNIA Click Here

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