1 Contest TRO & Request Parenting Time

Your California attorney must respond to the active restraining order while simultaneously establishing a framework for safe contact with your children.

• Form DV-120 (Response to Restraining Order): Filed to formally contest the restraining order extension in San Mateo County. (Download DV-120)
• Form DV-105 (Request for Child Custody & Visitation): Filed to formally request safe, structured parenting time or video visits. (Download DV-105)

2 File the California UCCJEA Declaration

The court must be formally notified of the children's primary residence to establish the groundwork for transferring jurisdiction.

• Form FL-105 (UCCJEA Declaration): This mandatory filing demonstrates to the California judge that your children live and go to school in Cook County, Illinois. (Download FL-105)

3 File Inconvenient Forum Motion

Your attorney must file a formal motion asking the California court to relinquish its emergency jurisdiction to the proper home state.

• The Motion: Filed under California Family Code Section 3427, asking the San Mateo judge to declare California an "inconvenient forum" and transfer custody jurisdiction to Illinois.

4 Immediate Next Steps & Coordination

While court dates are being scheduled and jurisdictional motions are filed, strict adherence to protocol is required.

• Maintain Complete No-Contact: Do not attempt a physical pickup on August 20 without explicit court approval.
• Attorney Alignment: Connect your Illinois divorce lawyer directly with your California defense lawyer so they can align their UCCJEA filings.
• Interim Contact: Have your California lawyer immediately request interim virtual or phone visits with your kids while court dates are pending.

5 E-Filing Pro Se in San Mateo County

In San Mateo County, attorneys have been mandated to electronically file Family Law cases since January 2020. While self-represented (pro se) litigants are technically exempt from this rule and can file paper copies, you can opt-in to e-file and handle documents remotely. Here is how to do it:

1. Choose an EFSP (Electronic Filing Service Provider): Unlike Illinois' single portal, California uses independent vendors. You must select an approved third-party service from the official California EFSP list (such as eFileCA or CourtFiling.net) to act as the middleman between you and the court.
2. Format Your Documents: According to the San Mateo Superior Court e-filing guidelines, all documents must be uploaded in a searchable PDF format (PDF/A is preferred). You cannot upload image files or Word documents.
3. Opt-In to eService: If you want to receive court updates and opposition filings electronically instead of through the mail, you must actively opt-in to "eService" through the San Mateo court.
4. Upload and File: Log into your chosen EFSP, input the San Mateo case number, attach your searchable PDFs (DV-120, DV-105, FL-105), pay any applicable court or vendor fees, and submit. The court will return digitally file-stamped copies to your EFSP account once reviewed by a clerk.