Last updated: 3/25/2022
Advisement Of Rights-Authority Of Commissioners Under Family Code 4251(b) {FAM105}
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Description
FAM 105, ADVISEMENT OF RIGHTS/AUTHORITY OF COMMISSIONERS UNDER FAMILY CODE § 4251(b), This case shall be referred to a court commissioner for hearing. By law, court commissioners do not have the authority to issue final orders and judgments in contested cases unless they are acting as temporary judges. The court commissioner in your case will act as a temporary judge unless, before the hearing, you or any other party objects to the commissioner acting as a temporary judge. You can object to the commissioner acting as a temporary judge in one of two ways: (1) by telling the commissioner in court, at the start of your hearing, that you object or (2) by delivering a written objection to the court clerk. You must object before the hearing in your case begins. You do not have to give a reason for your objection. The court commissioner shall still hear your case to make findings and a recommended order. If you do not like the recommended order, you must object to it within 10 court days in writing [use Notice of Objection (form FL-666)]; otherwise, the recommended order will become a final order of the court. If you object to the recommended order, a judge will make a temporary order and set a new hearing. FAM 105 (Rev. 06/18). www.FormsWorkflow.com
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