Family Code section 213

(a)

In a hearing on an order to show cause, or on a modification thereof, or in a hearing on a motion, other than for contempt, the responding party may seek affirmative relief alternative to that requested by the moving party, on the same issues raised by the moving party, by filing a responsive declaration within the time set by statute or rules of court.

(b)

This section applies in any of the following proceedings:

(1)

A proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties.

(2)

A proceeding relating to a protective order described in Section 6218.

(3)

Any other proceeding in which there is at issue the visitation, custody, or support of a child.

Source: Section 213, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=FAM§ionNum=213.­ (accessed Jun. 2, 2025).

Last Updated

May 12, 2025

§ 213’s source at ca​.gov