The custodial or noncustodial parent, within one year after receiving notice of the director’s final decision, may file a petition with the superior court, under Section 1094.5 of the Code of Civil Procedure, praying for a review of the entire proceedings in the matter, upon questions of law involved in the case. The review, if granted, shall be the exclusive remedy available to the custodial or noncustodial parent for review of the director’s decision. The director shall be the sole respondent in the proceedings. A filing fee shall not be required for the filing of a petition pursuant to this section. Any such petition to the superior court shall be entitled to a preference in setting a date for hearing on the petition. A bond shall not be required in the case of any petition for review, nor in any appeal therefrom. The custodial or noncustodial parent shall be entitled to reasonable attorney’s fees and costs, if the parent obtains a decision in their favor.

(Amended by Stats. 2019, Ch. 115, Sec. 167. (AB 1817) Effective January 1, 2020.)

Terms Used In California Family Code 17803

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Respondent: includes defendant, where appropriate. See California Family Code 127
  Previous section
Next section  
 Chapter 5 Contents