Prison Phone Justice

TRANSPORTATION TO COURT FOR
HEARINGS AFFECTING PRISONERS’
PARENTAL RIGHTS
This manual (published in July 2013) is written for incarcerated parents in
California prisons and jails who want to attend court hearings that affect their
parental rights. It provides information about an incarcerated parent’s legal right
to be present at, and the procedures used to request transportation to, these
hearings. It is important to remember that the procedures used may vary by
county. This guide is not intended to replace your attorney. If you have an
attorney, stay in close contact with your attorney and keep him or her informed
about all aspects of your case.
This manual provides current information to the best of our ability.
However, laws and procedures change frequently. It is your responsibility to
check relevant legal cases, codes, court rules and forms when using this manual.
TABLE OF CONTENTS
How are incarcerated parents notified of court hearings about their children? .......2
When do incarcerated parents have the right to be transported to court? ...............2
Can incarcerated parents request to be transported to court for other hearings?.....2
Which incarcerated parents do these rules cover? ...................................................3
Who is responsible for transporting incarcerated parents to court? .........................3
How do incarcerated parents assert their right to be transported to court? ..............3
How do incarcerated parents request to be transported to juvenile dependency
court?........................................................................................................................4
How do incarcerated parents request to be transported to the family or probate
courts? ......................................................................................................................4
Instructions for filling out, filing and serving the forms ..........................................5
Enforcing your court order.......................................................................................6
Can an incarcerated person appeal a decision that was made in his or her absence
due to lack of transportation? ...................................................................................6
Will prisoners lose good time credit by going to hearings concerning their
children? ...................................................................................................................6
Conclusion ...............................................................................................................6
Attachments: Complete text of Cal. Penal Code section 2625
Form JV-450
Form JV-451
Sample Motion to Transport Prisoner to Court
Examples of Fact Statements
Sample Proposed Court Order
1

1540 Market St., Suite 490
San Francisco, CA 94102
Phone: (415) 255-7036
Fax: (415) 552-3150
www.prisonerswithchildren.org

How are incarcerated parents notified of court hearings about their children?
There are three different courts that might
be involved with the custody of children of
incarcerated parents. This manual provides
information about all three courts:

guardianships are not involved, then a custody or
visitation case will be heard in the family court.
Just like any other parent, incarcerated
parents have the right to be notified of court
hearings affecting their children. For cases in the
juvenile dependency court, social service
departments must make reasonable efforts to
provide parents with adequate notice and an
opportunity to be heard before a parent may be
deprived of parental rights. In re B.G. (1974) 11
Cal. 3d 679, 690.

The juvenile dependency court is the
court where a Social Services Department, such as
Child Protective Services (CPS), works. CPS may
cause a “dependency petition” about your child to
be filed if it believes that your child is abused or
neglected.
The probate court hears guardianship
petitions filed by private parties, such as relatives
or friends, who want to be appointed guardian of
your child.

In other custody and family law cases, the
general legal requirements for notification in civil
cases apply. This means that personal service
(handing documents to you in person), substituted
service (after efforts at personal service have
failed, handing documents to an adult in your
home, followed by mailing the documents to you
at that address), service by publication (after
efforts at personal service have failed, publishing a
notice in an approved newspaper), etc., must be
used.

The family court is the court where
divorces (dissolutions of marriage) are filed, as
well as dissolutions of domestic partnerships. It
also hears child support cases and “paternity”
cases, now known as Petitions to Establish
Parental Relationship. If CPS or private

When do incarcerated parents have the right to be transported to court?
California law gives incarcerated parents
the right to be transported to court for a hearing
that seeks to terminate their parental rights.
California Penal Code section 2625(d). This
proceeding usually takes place in the juvenile
dependency court, but it could come up in other
courts.

(2004) 32 Cal. 4th 588, 599, fn. 2. The presence
in court of the incarcerated parent’s attorney is not
sufficient. In re Jesusa V., at 622.
However, incarcerated parents may waive
(give up) their right to attend in person. And the
parent’s right to be transported may be considered
less important than other rights or rules, such as
the rule that dispositional hearings be completed
within six months of detention hearings. D.E. v.
Superior Court (2003) 111 Cal.App.4th 502.

California law also gives this right to
parents for jurisdictional and dispositional
hearings in dependency court. In re Jesusa V.

Can incarcerated parents request to be transported to court for other hearings?
Yes. For all other hearings in a juvenile
dependency court case (such as detention or
review hearings), and hearings in other courts that
affect an incarcerated parent’s parental rights
(divorce, petition to establish parental relationship,
guardianship, child support, etc.), Penal Code
section 2625(e) gives an incarcerated parent the

right to request that he or she be transported to the
hearing. The judge will make this decision.
Some hearings are more important than
others. In important hearings where a parent’s
presence could make a difference in the outcome
of the case, a parent can assert the constitutional
2

of Los Angeles (1976) 17 Cal. 3d 908, 914, citing
Boddie v. Connecticut (1971) 401 U.S. 371, 377.

due process right to access the courts. This means
that people must be given a “meaningful
opportunity” to be heard. Payne v. Superior Court

Which incarcerated parents do these rules cover?
Penal Code section 2625(a) defines
“prisoner” as “any individual in custody in a
California state prison, the California
Rehabilitation Center, or a county jail, or who is a
ward of the Department of the Youth Authority.”
This definition also includes individuals who have
been found “not guilty by reason of insanity” or
not competent to stand trial and who are confined
in a state hospital or other public or private
treatment center. It should also apply to a
California state prisoner who has been transferred
out-of-state to serve his sentence elsewhere. Penal
Code section 11189, Article IV, section (e).

However, prisoners sentenced to death are
not covered by these rules. Penal Code section
2625(i).
Individuals incarcerated in federal prisons,
immigration detention centers, or California
residents serving an out-of-state sentence in an
out-of-state prison are not covered either. A
parent in one of these facilities can request that the
court continue (postpone) the proceedings until he
or she is released. This request is more likely to
succeed if the parent’s release is coming up soon.
In re Maria S. (1997) 60 Cal. App. 4th 1309.

Who is responsible for transporting incarcerated parents to court?
The sheriff’s department in the county
where the hearing will take place is responsible for

making arrangements to transport an incarcerated
parent to a court hearing.

How do incarcerated parents assert their right to be transported to court?
When an incarcerated parent has a right to
be transported to a hearing in dependency court,
the court will automatically issue an order for the
parent’s transportation to court. The incarcerated
parent, the parent’s attorney, the superintendent or
warden, and the sheriff of the county where the
hearing will occur, must receive the order at least
15 days before the hearing. Cal. Rule of Court
section 5.530(f)(2).

prison has the ability to provide a telephone or
videoconference appearance, or not.
Form JV-450 asks the parent to fill out
form JV-451. Form JV 451 is called “Prisoner’s
Statement Regarding Appearance at Hearing
Affecting Parental Rights.” On JV-451, a parent
can check a box to tell the court whether the
parent (1) wants to be physically present at the
hearing; (2) wants to appear at the hearing by
videoconference or telephone; or (3) does not
want to participate in the hearing. A parent should
not ask to appear by videoconference or phone
unless both the court and the institution have the
ability to provide that kind of appearance.

This order, called an “Order for Prisoner’s
Appearance at Hearing Affecting Parental Rights”,
is form JV-450. A copy is attached to this manual.
It notifies the parent of the time, place, and nature
of the hearing and of the parent’s right to be
physically present at the hearing.

JV-451 also informs the parent of the right
to be represented by an attorney at the hearing.
On JV-451, the parent can check a box to tell the
court whether the parent (1) already has an
attorney; (2) wants an attorney to be appointed; or

JV-450 also informs the parent whether the
court can provide the parent’s appearance by
telephone or videoconference, or not. It orders
the warden to inform the parent whether the jail or
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form JV-451 and give it to the warden for delivery
to the court. The facility where you are housed is
required to help you understand and fill out this
form if you need assistance.

(3) wants to give up the right to be represented by
an attorney at the hearing.
It is very important that prisoners fill out

How do incarcerated parents request to be transported to juvenile dependency court?
If a parent does not have the right to attend
a hearing, the parent will have to request to be
transported. In the dependency court, these could
be detention hearings or review hearings.

parent to attend via videoconference or telephone,
if the court and the prison or jail have the
necessary equipment. Cal. Penal Code section
2625(g). Your motion can ask for these
procedures in the alternative.

If the incarcerated parent has an attorney,
he or she should tell the attorney that he/she want
to be transported to the hearing. The attorney
should then file a motion with the court.

A sample court order is also attached to
this manual. You can fill out the blank areas and
send it to the court with your motion.

Incarcerated parents who do not have an
attorney should file a motion on their own behalf
with the court as soon as possible. The motion
should state the reasons why it is important for the
parent to attend the hearing. A sample motion is
attached to this manual along with samples of the
kinds of facts to include in your motion.

A parent can also write to the case social
worker and explain that he or she wants to attend
the hearing and has asked the court to issue an
order for his or her transportation to the hearing.
For more information, see the section
below called, “Instructions for Filling Out, Filing
and Serving the Forms.”

If the court denies the motion for
transportation to court, the court can still allow the

How do incarcerated parents request to be transported to the family or probate courts?
In most instances, incarcerated parents do
not have an absolute right to be transported to the
family or probate court to attend child custody
hearings. But these parents may request to attend,
and the judge can order it.1

court papers that you file. For example, in family
court, this request can be made in your Request for
Order (FL-300) under the section for “Other
Relief.” You can make a “back-up” request to
appear by videoconference or telephone, if the
court and the facility where you are housed have
the necessary equipment.

If you are the petitioner: If you are the
party who has filed the family law case (the
petitioner in a dissolution of marriage or petition
to establish parental relationship, for example) or
the probate court guardianship case (as a petitioner
to establish a guardianship), then you can include
a request that you be transported to court in the

If you are the petitioner in a guardianship
case, you can request to be transported to the court
hearing in section 10c. of your guardianship
petition.
In any of these cases, you can prepare and
send the court a proposed order for your
transportation. A sample court order is attached to
this manual.

1

In some cases, such as an adoption in family court, an
incarcerated parent would have the absolute right to attend
the hearing terminating that parent’s rights. If this is your
situation and you want to attend that hearing, you will have
to file a motion. Judges do not issue this order
automatically—you have to ask for it. You can use the
sample motion and other information in this manual to do so.

If you are the respondent: If you are the
party who is responding to someone else’s
4

petition, then you will probably have to file your
own motion to request a court order for your

transportation to court. A sample Motion and
Order are attached to this manual.

Instructions for filling out, filing and serving the forms
documents. Any adult over the age of eighteen
can do this for you. This person must then sign
the Proof of Service.

Filling out the forms
At the end of this manual are a sample
Motion and Order that have been filled out with
instructions so that you can see how it should be
done.

A sample Proof of Service form with
instructions is attached to this manual. You
should staple your Proof of Service to the back of
your Motion.

You can use these samples as worksheets.
Just cross out the information in the brackets and
substitute it with your own personal information.

Filing and serving the forms

The most important part of the Motion is
your supporting declaration. This is where you
tell your story about who you are, what your
relationship with your child is like, and why it is
important for you to attend the court hearing in
person. Plan to spend some time writing and
rewriting it. The statement could be one or two
pages in length. Typically, each sentence or
paragraph is numbered.

When the forms are completed, make at
least 3 copies of the Motion and at least 4 copies
of the Order:
* Mail one copy of each to the social
worker (if in juvenile dependency court) or to the
other party or party’s lawyer if represented (if in
family or probate court).
* Mail the original and one copy of the
Motion, and the original and three copies of the
Order to the court clerk. Ask that the court filestamp and return one copy of each to you. The
other copies of the Order are for the clerk to give
to the sheriff in the county where the court is,
and/or to your institution, depending on what the
judge orders. Be sure to include an addressed
stamped envelope for yourself and for your
institution.
* Keep one copy of each for your records.
When the court clerk returns the file-stamped copy
to you, the file-stamped copy will become your
official copy.

After you have finished writing your rough
draft of the Motion and Order, you can prepare the
final copy. Using blank paper, type up your
completed forms, or print them by hand. If
printing, print as clearly as possible, using blue or
black ink. Do not use pencil.
You will also need to prepare a Proof of
Service form, because you will be “serving” (by
mail) a copy of your Motion and Proposed Order
on other parties.2 Since you are a party to the
lawsuit, you are not allowed to serve/mail your

2

Whether you are required to serve other parties of your
Motion may vary by county. In the interest of caution and to
prevent delays, we recommend that you serve other parties
in all cases.

5

Enforcing your court order
Getting transported to court from prison or jail

Appearing by telephone or videoconference

If you got a court order to appear in court
for your hearing, you may have to be pro-active at
your institution to make sure you are transported
in time. Be polite but persistent! The judge has
ordered that you be brought to court, but you will
have to make it happen.

If you got an order to appear in court by
telephone or video-conference, be sure that you
understand what you need to do on your end to
make this happen. It may take several steps, over
several days, to arrange this. On the day of the
hearing, allow yourself plenty of time to get
yourself and your paperwork to the office where
the phone or video equipment is located.

Can an incarcerated person appeal a decision that was made
in his or her absence due to lack of transportation?
forward in your absence; what the impact of a
delay in the proceedings would have been; and the
harm (“prejudice”) to your case from your
absence.

Yes, this issue can be appealed.
Unfortunately, an incarcerated parent’s lack of
transportation is not always enough reason to
overturn a court proceeding. The court looks at
many factors, such as: whether or not you asked to
be transported; whether or not you appeared by
phone or videoconferencing; whether or not you
had an attorney who was present; whether or not
your attorney objected to the hearing going

A case is more likely to be overturned if
the incarcerated parent has not received adequate
notice of a hearing that he or she has the right to
be transported to.

Will prisoners lose good time credit by going to hearings concerning their children?
No. California law requires that state
prisoners who are “removed to out-to-court status”
. . . “shall receive sentence-reducing credit” that
would have been earned if they had been able to
work. These prisoners will also keep their

existing work group status “unless otherwise
impacted by a classification committee or
disciplinary action.” California Code of
Regulations, Title 15, section 3045.3.

Conclusion
We hope that this information is helpful to
you. The court system can be overwhelming. We
believe that the courts should make it easier, and
not harder, for incarcerated parents, and parents
returning to the community from prisons and jails,
to develop and maintain relationships with their
children.

know their parents and want their parents to be a
part of their lives.
As more and more incarcerated and
released parents petition the courts to be heard in
cases involving their children, we believe the
courts will become more understanding of your
perspective. We wish you success in your efforts
to remain in your children’s lives.

Being incarcerated does not make someone
a bad parent. In most cases, children want to

6

California Penal Code section 2625
(a) For the purposes of this section only, the term "prisoner"
includes any individual in custody in a state prison, the California
Rehabilitation Center, or a county jail, or who is a ward of the
Department of the Youth Authority or who, upon a verdict or finding
that the individual was insane at the time of committing an offense,
or mentally incompetent to be tried or adjudged to punishment, is
confined in a state hospital for the care and treatment of the
mentally disordered or in any other public or private treatment
facility.
(b) In any proceeding brought under Part 4 (commencing with
Section 7800) of Division 12 of the Family Code, and Section 366.26
of the Welfare and Institutions Code, where the proceeding seeks to
terminate the parental rights of any prisoner, or any proceeding
brought under Section 300 of the Welfare and Institutions Code, where
the proceeding seeks to adjudicate the child of a prisoner a
dependent child of the court, the superior court of the county in
which the proceeding is pending, or a judge thereof, shall order
notice of any court proceeding regarding the proceeding transmitted
to the prisoner.
(c) Service of notice shall be made pursuant to Section 7881 or
7882 of the Family Code or Section 290.2, 291, or 294 of the Welfare
and Institutions Code, as appropriate.
(d) Upon receipt by the court of a statement from the prisoner or
his or her attorney indicating the prisoner's desire to be present
during the court's proceedings, the court shall issue an order for
the temporary removal of the prisoner from the institution, and for
the prisoner's production before the court. No proceeding may be held
under Part 4 (commencing with Section 7800) of Division 12 of the
Family Code or Section 366.26 of the Welfare and Institutions Code
and no petition to adjudge the child of a prisoner a dependent child
of the court pursuant to subdivision (a), (b), (c), (d), (e), (f),
(i), or (j) of Section 300 of the Welfare and Institutions Code may
be adjudicated without the physical presence of the prisoner or the
prisoner's attorney, unless the court has before it a knowing waiver
of the right of physical presence signed by the prisoner or an
affidavit signed by the warden, superintendent, or other person in
charge of the institution, or his or her designated representative
stating that the prisoner has, by express statement or action,
indicated an intent not to appear at the proceeding.
(e) In any other action or proceeding in which a prisoner's
parental or marital rights are subject to adjudication, an order for
the prisoner's temporary removal from the institution and for the
prisoner's production before the court may be made by the superior
court of the county in which the action or proceeding is pending, or
by a judge thereof. A copy of the order shall be transmitted to the
warden, superintendent, or other person in charge of the institution
not less than 15 days before the order is to be executed. The order
shall be executed by the sheriff of the county in which it shall be
made, whose duty it shall be to bring the prisoner before the proper
court, to keep the prisoner safely, and when the prisoner's presence

1

is no longer required, to return the prisoner to the institution from
which he or she was taken. The expense of executing the order shall
be a proper charge against, and shall be paid by, the county in which
the order shall be made.
The order shall be to the following effect:
County of ____ (as the case may be).
The people of the State of California to the warden of ____:
An order having been made this day by me, that (name of prisoner)
be produced in this court as a party in the case of ____, you are
commanded to deliver (name of prisoner) into the custody of ____ for
the purpose of (recite purposes).
Dated this ____ day of ____, 20__.
(f) When a prisoner is removed from the institution pursuant to
this section, the prisoner shall remain in the constructive custody
of the warden, superintendent, or other person in charge of the
institution.
(g) A prisoner who is a parent of a child involved in a dependency
hearing described in this section and who has either waived his or
her right to physical presence at the hearing pursuant to subdivision
(d) or who has not been ordered before the court may, at the court's
discretion, in order to facilitate the parent's participation, be
given the opportunity to participate in the hearing by videoconference,
if that technology is available, and if that participation otherwise
complies with the law. If videoconferencing technology is not available,
teleconferencing may be utilized to facilitate parental participation.
Because of the significance of dependency court hearings for parental
rights and children's long-term care, physical attendance by the parent
at the hearings is preferred to participation by videoconference or
teleconference. This subdivision shall not be construed to limit a
prisoner's right to physically attend a dependency hearing as provided in
this section. This section does not authorize the use of videoconference
or teleconference to replace in-person family visits with prisoners.
(h) It is the intent of the Legislature to maintain internal job
placement opportunities and preserve earned privileges for prisoners,
and prevent the removal of prisoners subject to this section from
court-ordered courses as a result of their participation in the
proceedings described in this section.
(i) Notwithstanding any other law, a court may not order the
removal and production of a prisoner sentenced to death, whether or
not that sentence is being appealed, in any action or proceeding in
which the prisoner's parental rights are subject to adjudication.

2

[your name and CDCR/jail number]
[name of prison/jail]
[street address]
[city, state, zip code]
In Pro Per

SUPERIOR COURT, COUNTY OF [insert name of county]
______________________________
)
)
Name of Case
)
)
)
)
)
______________________________)

Case No. [insert case number] a
MOTION TO TRANSPORT PRISONER
TO COURT; MEMORANDUM OF
POINTS AND AUTHORITIES;
DECLARATION IN SUPPORT.

PLEASE TAKE NOTICE that the undersigned, [your name here], moves the Court under
California Penal Code § 2625 for an order transporting [her/him] to the above-entitled court for
the hearing in this case now set for [date of hearing].
The court is located at [address for court].
This Motion is based on the attached documents and exhibits including the declaration of
[your name], dated [date of declaration], the Memorandum of Points and Authorities Supporting
Petitioner’s Motion, and on all papers filed and records in this action, and on any evidence
received at the hearing.
Dated: [insert date here].
______________________________
[sign on the above line; type or print your
name directly below the line]

In Pro Per

1

MEMORANDUM OF POINTS AND AUTHORITIES
Under California Penal Code § 2625, a prisoner has an absolute right to be present at any
court proceeding brought under Family Code §§ 7800 et.seq. and Welfare & Institutions Code
§ 366.26 which may terminate the prisoner’s parental rights, or any proceeding under Welfare &
Institutions Code § 300, where the prisoner’s child may be adjudicated a dependent of the court.
In any other action in which a prisoner’s parental or marital rights are subject to adjudication, the
court may order that the prisoner be brought before the court.
The California Supreme Court has held that an indigent prisoner seeking to defend a civil
suit has a due process right of access to the courts. (Payne v. Superior Court (1976) 17 Cal.3d
908, 919). A trial court must exercise its discretion to determine whether access is best provided
through a personal appearance by the prisoner, representation by counsel, or both. (Payne,
supra, 17 Cal.3d at 924-925). Because incarceration creates unusual obstacles to effective
communication between attorney and client even when counsel has been appointed, a personal
appearance by the prisoner is often essential to safeguard the prisoner’s marital and parental
interests in actions which will affect those interests.
Payne supports the granting of such access to the courts, while Penal Code § 2625 not
only encourages such appearances by prisoners, but actually requires that they be permitted in
certain actions at the prisoner’s request.
This Court must issue its order transporting the undersigned to court based on the facts as
set forth in the attached declaration and incorporated here. In the alternative, this Court must
issue its order for the undersigned to appear by videoconference and/or telephone, if the
necessary equipment is available in this courthouse and in the institution where the undersigned

2

is incarcerated.
I am also seeking that this Court order the clerk of this court to deliver the Order to (a)
the county sheriff if this Court orders my transportation to court, and/or (b) to the institution in
which I am incarcerated, if this Court orders me to appear in person or by videoconference or
telephone.
Dated: [insert date here].
Respectfully submitted,

______________________________
[sign your name on line above; type or print your
name directly below the line]

In Pro Per

DECLARATION OF [insert your name here]
The undersigned declares:
1. My name is [insert your name here]
2. I am the natural [father/mother] of [name of child]
3. I am presently incarcerated at [name of prison/jail]
4. I am deeply concerned with the welfare and legal status of my child. I desire to be
present at any and all court proceedings affecting [name of child] and my parental rights as is my
right under California Penal Code § 2625.

3

5. [Add additional facts as suggested in the sample examples. Continue numbering them
by sentence or paragraph.]
6.
7.
8.
9. I understand that the institution at which I am housed [has] [does not have] the
equipment to allow me to appear and participate in the hearing by [videoconference] [telephone].
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration was made on [date] at [city], California.
______________________________
[sign your name on line above; print or type your
name directly below the line]

4

PROOF OF SERVICE
I, the undersigned, say:
I live in the County of _________. My address is [insert signer’s address here]. I am
over the age of eighteen years and not a party to the above-entitled action.
On [date this document is being placed in the mail], I served the attached Motion on the
parties below by placing a true copy of it enclosed in a sealed envelope with postage thereon
fully prepaid, in the [describe outgoing mailbox] in [name of prison/jail] at [name of city], CA,
addressed as follows:

[List the name, title and mailing address of each of the people you are mailing a copy to. In the
juvenile dependency court, this could be a CPS social worker. In family court or probate court,
this would be the attorney for the other party or parties (such as the other parent, present
custodian of your child, proposed guardian). If the other party does not have an attorney, you
would mail it to him or her directly.]

I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on [date of signing this Proof of Service] at [name of city], CA.
___________________________________
[You must find someone else to mail the motion and
sign this document; you cannot mail or sign because
you are a party in the case. Have this other person
sign his or her name on line above, and print or type
that name directly below that line.]

5

Examples of Fact Statements
The following are some examples of the sorts of facts that you may be include in your
Declaration in support of your Motion seeking transportation to court for a hearing affecting your
parental rights.
These “fact patterns” are meant to be examples only. The court needs basic background
information on your case. The court will also be looking for proof that you are making an effort
to keep in regular contact with your child(ren) through phone calls, letters, cards and/or visits. If
you have been unable to attend earlier hearings that affected your parental rights, you should also
explain why you did not attend them.
If you have a family member who is willing and able to care for your child during your
incarceration, it is very important that social services be notified; the longer a child remains in
foster care, the more difficult it is to have the child placed with that family member. Even if you
do not object to your child’s placement with a family member or other person, you may still want
to attend a hearing to advocate for a court order giving you visiting rights.
Example 1: Dependency Court review hearing
1. On August 15, 2010, I was arrested by the San Jose Police Department for robbery and
taken into custody. I was eventually sentenced to five years in prison.
2. I am the parent of a six-year-old daughter, Bernice. Bernice lived with me for her first
three years, until I was arrested. I took good care of her.
3. Since then, she has been living with my aunt. My parental rights have not been
terminated.
4. I have tried to stay in contact with her while I have been incarcerated. I have written
letters to her every month. I called my aunt’s house collect to speak with Bernice many
times, but my aunt only accepted the calls a few times. My aunt brought Bernice to visit
me only one time since I have been in prison.
5. I am worried about Bernice. I have been told by other relatives that my aunt has a new
boyfriend who is mean to Bernice.
6. I want to attend the next review hearing so that I can ask some questions and get some
answers about what is going on.
7. Also, I want a court order for more regular visits and phone calls with Bernice.
8. I expect to be released in about a year. I want to resume custody of Bernice when I get
out, once I get settled.
9. I have been participating in self-help programs to help me get ready for my release. I
attend AA and NA. I have received my G.E.D. and am now enrolled in college classes. I
am signed up to take a parenting class. I want to appear in court so that I can personally
explain to the court how I have changed and why I should have regular visits with my
daughter now.
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Example 2: Family Court motion hearing
1. I am the father of a 12 year old boy Jamal. My girlfriend and I were living together when
she got pregnant. We did not get married, but we did live together for six years after
Jamal was born.
2. When we broke up, Jamal mainly lived with her, but he stayed with me and with my
mother sometimes, and I paid child support when I could.
3. When Jamal was 10, I got arrested and convicted of burglary and was sent to prison.
Jamal’s mother has brought him to visit me several times and I am very grateful for this.
Jamal and I have always been close, and still are.
4. Now my ex-girlfriend has a new boyfriend who lives in Oregon. She wants to move
there with Jamal. She has filed this Petition to Establish Parental Relationship and is
trying to get a court order that she can leave California with Jamal.
5. I want to be transported to court to oppose her request in person. My family members
will also be in court. We would be very sad to lose contact with Jamal. If I could be
brought back to the county, I might be able to talk to my ex-girlfriend about making other
arrangements, such as letting Jamal stay in California and live with my relatives, or at
least allowing summer visits for Jamal with my family and regular visits with me.
6. I do not have an attorney, so if I cannot be present in court, I will not have effective
representation.

Example 3: Probate Guardianship case
1. I am the mother of twin girls, who are ten years old. I was sent to prison in 2010 for
assaulting their father, who was abusive to me.
2. Until then, I was their primary caregiver. I took them to school, to all medical
appointments, and to their activities as best I could. I was also working full-time as a
clothing store sales clerk.
3. When I was arrested, I asked my sister Maria to take care of my girls. I signed a Power
of Attorney for Temporary Custody over to her. I have kept in contact with them by
writing letters and they write me back. They say that they miss me.
4. Recently, Maria has petitioned the probate court to be their guardian.
5. I want to attend the hearing to tell the court in person that I want to regain custody of my
girls when I get released in a few years. I think Maria is doing a good job taking care of
my girls, but I want everyone to understand that I am still their mother. I want her to
contact me if the girls are having any problems and if there are any important decisions to
be made about them. I want to be kept informed and I want to have a voice.
6. I also want court-ordered visitation rights.
7. My girls are very important to me so it is important for me to be in court if and when a
guardianship is going to be set up.
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[your name and CDCR/jail number]
[name of prison/jail]
[street address]
[city, state, zip code]
In Pro Per

SUPERIOR COURT, COUNTY OF [insert name of county]
______________________________
)
)
Name of Case
)
)
)
)
______________________________)

1.

Case No. [insert case number] a
[PROPOSED] ORDER FOR PRISONER’S
APPEARANCE AT HEARING
AFFECTING PARENTAL RIGHTS.

A hearing regarding the custody of the following children (names):

will be held on [date]

at [time]

in Dept.: [number]

Room: [number] Phone [number]

located at [address].
2. This court [

] can accommodate the parent’s appearance by videoconference in a
manner that complies with Cal. Rules of Court, rule 5.531.

[

] can accommodate the parent’s appearance by telephone in a manner
that complies with Cal. Rules of Court, rule 5.531.

[

] cannot accommodate the parent’s appearance by videoconference or
telephone in a manner that complies with Cal. Rules of Court, rule
5.531.

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ORDER
3. To the Sheriff, County of ______________:
[

] You are ordered to pick up prisoner [name and identification number] from [name

of institution] and transport him/her to ___________ County so that he/she may be
produced before this court for the hearing described in item 1.

4. To the Warden, Superintendent, or other person in charge of [name of institution]:
[

] You are ordered to deliver prisoner [name and identification number]

who is a party, into the custody of the sheriff of the county in which the order is issued or
the sheriff’s delegate so that the prisoner may be produced before this court for the
hearing described in item 1.
[

] You are ordered to provide the prisoner with the means to appear by

videoconference on the date and at the time specified in item 1 in a manner that complies
with Cal. Rules of Court, rule 5.531.
[

] You are ordered to provide the prisoner with the means to appear by telephone on

the date and at the time specified in item 1 in a manner that complies with Cal. Rules of
Court, rule 5.531.

5.

To the clerk of this court:
[

] You are ordered to provide a copy of this order to:
[

] the Sheriff of this county

[

] the Warden, Superintendent or other person in charge of [institution]

Dated: _____________

______________________________
Judicial Officer

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