FL-280 - Request for Hearing and Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity

Summary

Request for Hearing and Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity

Text

Form ID: FL-280
Title: Request for Hearing and Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity
Effective Date: 2020-01-01
Mandatory Form: yes
Languages: español
Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-280
Primary Download URL: https://www.courts.ca.gov/documents/fl280.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/fl280s.pdf
Form Detail Page:
Request for Hearing and Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity
(FL-280)
Tell the court and the other parties that you want a hearing to ask the court to cancel (set aside) the voluntary declaration of parentage or paternity. This is also used by the court to set the date, time, and location of the hearing.
Get form FL-280
español
Get form FL-280 in Spanish
(Spanish)
Effective: January 1, 2020
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PDF Text:
Form Adopted for Mandatory Use 
Judicial Council of California 
FL-280 [Rev. January 1, 2020]
REQUEST FOR HEARING AND APPLICATION TO CANCEL (SET ASIDE) 
VOLUNTARY DECLARATION OF PARENTAGE OR PATERNITY
Family Code, §§ 7573.5, 7576, 7577; 
Code of Civil Procedure, § 473 
www.courts.ca.gov
Page 1 of 2
INSTRUCTIONS
PARTY WITHOUT ATTORNEY OR ATTORNEY STATE BAR NUMBER:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER:
RESPONDENT:
FOR COURT USE ONLY
FL-280
OTHER PARTY:
(date):Time for service until the hearing    is shortened. Service must be on or before 
(date):Any responsive declaration must be served on or before
3.
It is ordered that:
4.
JUDICIAL OFFICER
Date:
othersame as noted above
REQUEST FOR HEARING AND APPLICATION TO CANCEL (SET ASIDE) 
VOLUNTARY DECLARATION OF PARENTAGE OR PATERNITY
CASE NUMBER:
Use this form if you want to cancel (set aside) a voluntary declaration of parentage or paternity. The declaration is a form that is 
usually signed at the hospital after a child is born. It can also be signed anytime after the child was born, even many years later.
• 
Complete items 5–10. For more information about completing this form, see Information Sheet for Completing Request for Hearing 
and Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (                    ). 
• 
After you complete the form, take the original plus three copies to the court clerk to file.• 
After you file, copies of the form must be "served" on the other parties in the case and you must file the proof of service with the 
court. See Information Sheet for Service of Process (                    ) for more information about completing a proof of service.
• 
Make sure you go to the court hearing listed in item 1. • 
WARNING to the person served with this request: The court may make the requested orders without you if you do not file a 
Responsive Declaration to Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (                    ) and 
appear at the hearing. (See page 2 of FL-285 for more information and instructions for "serving" your response.)
TO ALL PARTIES. A COURT HEARING WILL BE HELD AS FOLLOWS:
Time:Date:
Address of court (specify):
1.
a. 
b.
Dept.: Room:
2.
NOTICE OF HEARING   
(FOR COURT USE ONLY)
REQUEST TO CANCEL (SET ASIDE) VOLUNTARY DECLARATION OF PARENTAGE OR PATERNITY
5. Person making this request
b. I am the:
(1) Petitioner
(2) Respondent
a. My name is:
(3) Other (specify):

FL-280 [Rev. January 1, 2020] REQUEST FOR HEARING AND APPLICATION TO CANCEL (SET ASIDE) 
VOLUNTARY DECLARATION OF PARENTAGE OR PATERNITY
Page 2 of 2
FL-280
PETITIONER:
RESPONDENT:
OTHER PARTY:
CASE NUMBER:
Contained in the attached declaration.
Divorce, legal separation, or nullity (case number, if known):
Parentage, custody, or child support (case number, if known):
Other (case number, if known):
The local child support agency is providing services for the child in (specify county):
a.
b.
c.
d.
7. 
b.
a. Child's name:
Names of the people who signed the voluntary declaration:
Information about the voluntary declaration of parentage or paternity (attach a copy if you have one):
c. Date signed (if known):
d. Date filed with the Department of Child Support Services (if known):
8. Other cases involving the child (check all that apply):
10. Reasons for my request.
(1) Fraud (I was kept in ignorance of the true facts by another person.)
(2) Duress (I was threatened or mentally coerced into signing the declaration.)
a.
(4) My mistake, inadvertence, surprise, or excusable neglect
(5) Other (specify):
Material mistake of fact (I thought the facts were different from what they really are.)(3)
c. Explain the facts that support your request:
9. A court order was entered based on the voluntary declaration of parentage or paternity on (date): ,
in case number (specify):
(2)
(1)
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
6. I request that the court:
Child's date of birth:
The following reasons apply only to voluntary declarations filed before January 1, 2020, or if you did not sign the declaration.
order genetic testing and cancel (set aside) the voluntary declaration of parentage or paternity.
make a finding that the voluntary declaration of parentage or paternity is void (invalid).
a.
b.
The voluntary declaration of parentage or paternity should be canceled (set aside) because of (check all that apply):
b. The voluntary declaration of parentage or paternity is void (invalid) because (specify):
Requests for Accommodations
Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if 
you ask at least five days before the proceeding. Contact the clerk's office or go to www.courts.ca.gov/forms for Request 
for Accommodations by Persons With Disabilities and Response (                     ). (Civ. Code, § 54.8.)
(SIGNATURE OF PARTY MAKING REQUEST)
Date:
(TYPE OR PRINT NAME)

Retrieval chunks

• #1

  Form ID: FL-280 Title: Request for Hearing and Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity Effective Date: 2020-01-01 Mandatory Form: yes Languages: español Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-280 Primary Download URL: https://www.courts.ca.gov/documents/fl…

• #2

  After you complete the form, take the original plus three copies to the court clerk to file.• After you file, copies of the form must be "served" on the other parties in the case and you must file the proof of service with the court. See Information Sheet for Service of Process ( ) for more inform…

• #3

  9. A court order was entered based on the voluntary declaration of parentage or paternity on (date): , in case number (specify): (2) (1) I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. 6. I request that the court: Child's date of birth:…