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FORM MC-030 INSTRUCTIONS

DECLARATION (MC-030)


NOTE:
You will need a copy of the English-language Judicial Council form MC-030 to follow these instructions. Also:



Filling out the Caption on your form

Attorney or Party without Attorney” - if you do not have an attorney, fill in your name, address, and telephone number.

If you would like the court to communicate with you by fax or email, you may give them that contact information, but you do not have to. 

Attorney For (Name)” – if you do not have an attorney, write “self represented.”

SUPERIOR COURT OF CALIFORNIA, COUNTY OF” – write the name of the County where you are filing your case. Click here for location of courts.
Write the name of the court where the hearing will be held.
Plaintiff/Petitioner” – Write your name again.
Defendant/Respondent” – Leave blank.
This is the TITLE of the form.
For Court Use Only” – Leave blank.
Case Number” – Write in the case number.



Filling out the rest of your form

Declaration


At the top of the blank area, write: “DECLARATION OF DUE DILIGENCE.” Then use the rest of the space to tell the judge what you tried to do, and how.

Often, people use numbers before each point to help them communicate clearly. For example:

1. ____

2. ____

NOTE: You must fill out a Declaration of Due Diligence for each relative you are unable to find. However, you may use one declaration for both paternal grandparents if you do not know who or where they are because the father is unknown.

Among the things that the judge will probably want to know are:

  • The full name of the relative and how he or she is related to the child (aunt, uncle, grandparent, older brother or sister, etc.)
  • The last known address of the relative, and the last date he or she lived there;
  • The date and place you last had contact with this relative (if ever);
  • The names and addresses of friends or relatives of the child’s relative that you contacted, their relationship with the child, and the date that you contacted them.
  • The name of the state, county or city/town where you searched for the relative;
  • A description of the kinds of records you checked, the date you checked them, and the names of any people who helped you. A public library might be a good place to start.

For example:

I … (fill in your name) declare that I am… (write in that you are the petitioner in this case) and that I have made the following attempts to locate (name of relative) who is related to the child in the case as (relationship of the person to the child). To date, my efforts have been unsuccessful.

  1. I checked in telephone directories for listings. The details of my attempts are:
    (Write the date and time that you checked in the phone directory, what phone directory you looked in, and the fact that if you found names that matched that name of the relative that you followed-up to check with those names, and they told you that they are not related to the child.)
  2. I checked with the relative’s last landlord. The details of my attempts are:
    (Write the date that you checked, and what information you obtained when you checked with the landlord.)
  3. I checked with friends and relatives. The details of my attempts are:
    (Write down who you spoke to, and the dates that you spoke to them, and what information you gathered from them.)
  4.  I checked with former employers. The details of my attempts are:
    (Write the details of your attempts, such as the date, place, and time that you spoke to the various past employers.)
You can add additional pages as an attachment. Again, explain the date that you checked, and where you checked, and the fact that you found no information.

I checked with voter registration records, searched web pages, or any other possible source of information as to the location of the person.


At the bottom of the page:


1.

Write the date that you finish working on this form.

2.

Print your name and sign your name.

Remember that when you sign this form, you are promising “under penalty of perjuryOpens new window that what you write on this form and on attached pages is true and correct.


3.

Check  the box for “Petitioner”.