Skip to main content
Skip to main content.

Public Notice:

Starting June 3rd, clerk hours will be expanding to 8:00 - 3:30

Family Law

Family Law Division & Services

The Family Law Division of the San Benito Superior Court handles a variety of family-related matters. Some of these case types include; ending a marriage or registered domestic partnership, identifying a child’s legal parents, determining custody and visitation issues, establishing or enforcing child and spousal support, dealing with domestic violence issues, adoptions and minor emancipations.

Birth Certificate

For information regarding birth certificates, please contact the County of San Benito Recorder's Office: 440 Fifth Street #206, Hollister, CA 95023. For more information, click on the link listed below.

County of San Benito Recorder 's Office

Co-Parenting Class - Family Law cases with children

Online Co-Parenting Class:

This class must be completed ONLY at the website listed below. It is the only on-line course approved by San Benito Court. If you take a different class on-line it will not count towards the completion of your co-parenting requirement. This class takes approximately 4 hours to complete. It can be taken in English or Spanish. There is no cost for this class. To register for this class, sign up at the Families Change website.  Once you have completed this class, YOU need to print out your certificate of completion and file it at the Clerks’ Office at the Hollister Courthouse, 450 Fourth Street in Hollister.

Families Change

Ex Parte Communication

Letters sent to the judge are ex-parte communication. They are considered improper contact, without notice to the other side, and will not be forwarded to the judge for review. The judge may or may not consider the letter at the next court hearing. If you want to submit information to the judge to consider, then it will need to be in the proper format, with service to the other side and filed with the Court.

Ex Parte Hearings

An ex-parte hearing is an urgent request for court orders, usually when a party has personal knowledge of irreparable harm, immediate danger, or other statutory basis for granting relief ex parte. It is a request by one party with short notice to the opposing side. See Local Rules 9.1-9.5. Ex-parte hearings are generally scheduled at 11:00AM, Monday through Friday in Department 3.

1. When and how do I give notice to the other party?

Notice to the opposing party must be provided by 10:00 AM the day before the ex-parte hearing. The moving attorney or self-represented party must give notice of the ex-parte application to the opposing attorney or self-represented party prior to submission of the request to the court, except where it is impossible to give notice. The different types of notice accepted by the Court for Family Law cases are indicated on Judicial Council Form FL-303 Declaration Regarding Notice and Service of Request for Temporary Emergency (EX PARTE) Orders.

2. When and how do I give notice to the Court?

The same day you give notice to the opposing party, you must contact San Benito County Superior Court by 11:00 AM to inform the clerk's office that you have an ex-parte hearing the next day.

To reach the Court, please call (831) 636-4057 and choose Option 3.

3. When and where do I submit my paperwork?

All ex-parte moving papers shall be submitted to the Court clerk's office or electronically filed no later than 3:00 PM the day before the ex-parte hearing. 

The person filing for the ex-parte must provide a copy of the moving papers to the other side no later than 3:00 PM the day before the ex parte hearing. The papers may be delivered in person, by fax, or by email.

4. When and where do I file my response to the ex-parte application?

Opposing attorneys or self-represented parties shall submit their objections to the moving papers as soon as possible after notice is received. Documents shall be submitted to the Court clerk's office no later than 10:00 AM the day of the hearing.

5. Can I bring my children to Court?

Children are not allowed in the courtroom.

6. What is the filing fee to process my paperwork?

There is a fee for the ex-parte hearing, payable at the time of filing, unless you have a waiver of fees on file. Refer to the Judicial Council Web Site link for the current statewide fee schedule or you may ask the Court to waive the filing fee if your household income falls below certain guidelines. For information and to obtain forms for a fee waiver, visit the California Courts Web Site.

Supervised Visitation

The court may have ordered you and the other parent to set up supervised visitation.  Your court order should say if you need to use a Professional Supervised Visitation Provider (someone who will be paid to be at the visits) or a Non Professional Supervised Visitation Provider (usually a family member or friend).

Visit & Exchange Solutions (VES)

If you are a Professional Supervised Visitation Provider, please click here.

Was this helpful?

This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.