What’s Unique About Contra Costa? A Practical Guide to Its Family Law Local Rules

Contra Costa County (Contra Costa) has 30 pages of family law local rules — but only a handful of unique requirements that will actually change how you practice.

Family law practitioners understand the importance of knowing each county’s local rules, but the reality is that tight deadlines leave little time to sort through an unfamiliar rule set to identify what actually matters. This article offers a practical overview of several important ways Contra Costa’s family law local rules differ from neighboring counties. It is not a comprehensive catalog of every distinction, but a useful guide for practitioners appearing here for the first time.

1. Mediation and Child Custody Recommending Counseling

Contra Costa uses a three-tier Family Court Services system for resolving custody and visitation disputes.

Tier 1 — Confidential Mediation.

• Confidential mediation is the court’s default starting point for any case where the parents cannot agree on custody and/or visitation. It consists of an approximately 90 minute appointment with a trained mediator where the parents will have the opportunity to develop a joint parenting plan.

• The mediation is confidential. The mediator will not make any recommendations to the judge if the parents do not reach an agreement. Only the agreed-upon items will be shared with the court. Confidentiality is lifted only if the mediator:

(i) the mediator suspects abuse,

(ii) suspects someone is a danger to themselves,

or (iii) the mediator receives information that a parent has or intends to commit a serious crime.

• In an appropriate case, the judge may order a referral of the parties to expedited or emergency child custody recommending counseling (Tier 3), without first requiring Tier 1 mediation.

• Children do not participate in Tier 1 mediation unless directed by the judge, the family court services administrator, or the family court services mediator.

• If the case progresses to Tier 2 or Tier 3, the Tier 1 mediator will not conduct later tiers in the absent unusual circumstances as determined by the family court services manager or order of the judge after hearing.

Tier 2 — Information Gathering.

• Tier 2 appointments are ordered when the court needs factual development.

• The judge may specify particular areas of inquiry, including, but not limited to, law enforcement contacts, child protective services history, interviews with the child, or contact with collateral sources.

• A written summary report of the information gathered —without recommendations — shall be submitted to the judge and the parties.

Tier 3 — Child Custody Recommending Counseling.

• Tier 3 is used when the court wants a recommended parenting plan or additional assessment after Tier 2.

• If the parents reach an agreement, the counselor documents it.

• If no agreement is reached, the counselor prepares a summary report with recommendations to the court and the parties.

(CA R CONTRA COSTA SUPER CT Rules 5.17)

2. Temporary Spousal Support Discretionary Guideline

Contra Costa uses the formula contained in Alameda County Local Rule 5.70 as its discretionary guideline for temporary spousal/partner support.

(CA R CONTRA COSTA SUPER CT Rule 5.15)

3. Double Pro Per Hearing Days

Contra Costa assigns each family law department (other than the AB 1058/Title IV-D department) a weekly Double Pro Per calendar — short-cause calendars reserved exclusively for matters where both parties are self-represented.

• Matters in which one or both parties are represented by counsel will be continued unless the hearing involves a domestic violence restraining order (DVRO) or an order shortening time (OST).

• If counsel enters a case after a Double Pro Per hearing has been set, counsel must contact the department clerk to obtain a continuance.

• There is no fee for taking a matter off a Double Pro Per calendar.

As of January 6, 2025, the Court lists the following Double Pro Per calendars:

• Department 14 — Thursdays

• Department 2 — Fridays

• Department 26 — Tuesdays

• Department 7 — Wednesdays

• Department 35 — Thursdays

(CA R CONTRA COSTA SUPER CT Rule 5.4(i))

4. Applicability of Civil Rules

Contra Costa expressly excludes Family Law matters from the application of Title 3 Civil Rules.

(CA R CONTRA COSTA SUPER CT Rule 3.1)

5. RFO Exhibit Page Limit

Evidentiary attachments submitted in support of a request for order or response may not exceed 10 pages.

The 10-page limit excludes:

• declarations under CRC 5.111(a),

• prior orders required by Local Rule 5.4(f)(3), and

• attachments necessary for contempt, wage assignments, or arrears calculations.

The limit may be exceeded only with prior leave of court, and any request must explain why additional attachments are relevant and necessary.

(CA R CONTRA COSTA SUPER CT 5.4(f)(6))

6. Collaborative Law

Contra Costa stands out for having a clearly defined, formalized process for collaborative law cases.

A case may be designated as a “Collaborative Law Case” only if all parties sign and file a collaborative law stipulation. Once designated, the following occurs:

• The court vacates all previously scheduled dates.

• The court sets a Case Management Conference (CMC) within one year of the designation.

• Collaborative law counsel are treated as advisory, not attorneys of record.

• The court will not impose discovery deadlines or issue scheduling orders.

• All documents filed thereafter must include “Collaborative Law Case” in the caption.

Terminating the Collaborative Law Designation

The designation may be terminated:

• by stipulation or upon the filing and service of a termination election under the collaborative law stipulation, or

• automatically upon the filing of a Request for Case Management, Request for Order, or any pleading seeking judicial adjudication — which both ends the collaborative designation and triggers the setting of a Case Management Conference.

(CA R CONTRA COSTA SUPER CT 5.1)

Why These Differences Matter

Contra Costa’s distinctive procedures — including its three-tier mediation model, Double Pro Per calendars, strict RFO page limits, can surprise even experienced family law practitioners from nearby counties.

If you or your clients are handling a matter in Contra Costa and would like to strategize about procedure, mediation tiers, or hearing practice, feel free to reach out.