Whether FL-322 is required depends on the judge’s orders and local rules; counsel often files it when the court requests a written account of contact with the child to inform case decisions.

Who must sign the declaration?

The attorney or appointed representative who met with the child should sign. If another professional contributed, their input may be attached but must be identified.

Can FL-322 be electronically signed?

Electronic signatures are generally acceptable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided the court or jurisdiction permits e-signatures and retention requirements are met.

What if the child cannot be contacted?

State the attempts made to contact the child and the reasons contact was not possible; courts expect a factual log of efforts rather than speculative statements.

How to correct an error after filing?

File an amended declaration or submit a supplemental declaration identifying the correction, and follow local procedures for amending court records to ensure clarity in the file.

How should sealed or sensitive content be handled?

Follow local rules for sealed filings; limit distribution, request in-camera review if appropriate, and store sealed copies under restricted access to protect confidentiality.

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FL-322 Declaration of Counsel for a Child

FL-322 Declaration of Counsel for a Child

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DECLARATION OF COUNSEL FOR A CHILD REGARDING QUALIFICATIONS

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

FL-322

FOR COURT USE ONLY

TELEPHONE NO.:

FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

COUNSEL FOR THE CHILD(REN) (Name Each):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARTY:

CASE NUMBER:

DECLARATION OF COUNSEL FOR A CHILD
REGARDING QUALIFICATIONS

1. I, , declare that if I appeared in court and were sworn, I would testify to the truth of the facts in this declaration.

2. On , I was appointed by the court to represent in the above case.

LICENSE/INSURANCE

3. I am a licensed attorney and an active member in good standing of the State Bar of California;

4. I have professional liability insurance or am adequately self-insured as previously determined by the court.

EDUCATION AND TRAINING (Effective January 1, 2009)

5. I have completed at least 12 hours of education and training in the subjects listed in rule 5.242(c).

EXPERIENCE

6. a. I have complied with the experience requirements of rule 5.242(f).

b. I have complied with any local court rules that impose experience requirements in addition to those under rule 5.242.

7. I have complied with one of the following alternative experience requirements stated in rule 5.242(g):

a. I am employed by a legal services organization government agency private law firm that has been approved by the presiding or supervising judge of the local family court as qualified to represent a child in family law proceedings, and I will be directly supervised by an attorney of the organization, agency, or private law firm who meets the experience requirements under rule 5.242(f);

b. I am working in consultation with an attorney approved by the presiding or supervising judge of the local family court as qualified to represent a child in family law proceedings; or

c. I have demonstrated substantial equivalent experience (please provide a summary of equivalent experience):

Continued in Attachment 7c.

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARTY:

FL-322

CASE NUMBER:

ANNUAL CONTINUING EDUCATION (Effective January 1, 2010)

8. I have completed 8 hours of continuing education and training annually in the subject areas described in rule 5.242(c).

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF DECLARANT)

NOTICE:

Attorneys appointed to represent a child must file a declaration with the clerk of the court indicating compliance with California Rules of Court, rule 5.242, no later than 10 days after each appointment and before beginning work on the case.

Form Approved for Optional Use
Judicial Council of California
FL-322 [New January 1, 2008]

DECLARATION OF COUNSEL FOR A CHILD
REGARDING QUALIFICATIONS

Page 2 of 2
Family Code, § 3150;
Cal. Rules of Court, rule 5.242

What the FL-322 Declaration of Counsel for a Child Is

The FL-322 Declaration of Counsel for a Child is a court filing used when an attorney or guardian ad litem submits a formal statement to the family or juvenile court about a child involved in proceedings. The form documents counsel's contact with the child, summarizes the child's expressed wishes or concerns when appropriate, and provides the court with counsel's observations or recommendations relevant to custody, visitation, or other child-centered issues. It is typically filed in the case record so the judge and parties can consider the child's perspective within the legal process.

Why the FL-322 Declaration Matters in Child-Focused Cases

A clear, accurate FL-322 helps the court understand the child's position and the attorney’s assessment, supports informed judicial decisions, and creates an official record of counsel’s contact and observations relevant to custody or welfare determinations.

Who Typically Prepares and Reviews the Form

The FL-322 is prepared by counsel or an appointed representative for a child; the court and other parties review it as part of case records.

Child’s counsel or attorney — Files declaration after interviewing or meeting the child and summarizes interactions for the court.
Guardian ad litem — Submits observations and recommendations when serving as the child's independent representative.
Judges and court staff — Use the declaration to inform hearings and case management decisions.

Completed FL-322 forms are retained in the case file and may be served on parties per local court rules governing family law records.

Step-by-Step: Preparing and Submitting FL-322

Follow an orderly workflow to ensure the declaration is accurate, properly signed, and filed under the correct case caption.

01

Gather case details: Confirm court name and case number before drafting.
02

Meet with the child: Document date, location, attendees, and main points discussed.
03

Draft declaration: Write a concise factual summary; avoid argumentation.
04

Sign and file: Sign (wet or e-sign) and file according to court rules.

From Draft to Court Record: Typical Process Flow

The sequence below outlines common actions from initial contact to case file inclusion.

Prepare document: Complete FL-322 with case caption and factual content.
Counsel signs: Add signature and date; capture signer identity for e-signatures.
File with court: Submit via e-file or in-person per local court rules.
Serve parties: Provide copies to parties and allow time for response.

Digital Workflow Settings for FL-322 Submissions

When digitizing FL-322, configure fields and authentication to match court and evidentiary needs.

Field	Configuration
Case Caption	Locked text field to prevent edits
Child Details	Required text fields for name and DOB
Signature	Signature field with timestamp
Audit Trail	Capture IP, email, and timestamp

Technical Considerations for eFiling and eSigning

Confirm court e-filing rules and choose a platform that produces court-ready PDF/A files and audit records.

Integrations: Salesforce, NetSuite, Microsoft 365
File formats: PDF, DOCX, HTML, Excel
Authentication: Email, SMS code, or advanced options

Use a platform that preserves an immutable audit trail, supports standard formats, and matches the court’s e-filing requirements.

Security and Compliance Considerations

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

Audit Trail: Detailed timestamp, IP, and action history

HIPAA Support: BAA available for PHI workflows

ESIGN / UETA: Meets ESIGN and UETA requirements

21 CFR Part 11: Capabilities to support FDA records

Certifications: SOC 2 Type II and ISO 27001

Penalties and Risks of an Incorrect or Misleading FL-322

Perjury Risk: Possible criminal penalty under state law

Case Delay: Incorrect form can delay hearings

Evidentiary Impact: Court may discount unreliable statements

Sanctions: Court can impose fees or sanctions

Waiver of Rights: Improper content may affect custody outcomes

Service Issues: Improper service may invalidate filing

Common Errors to Avoid When Preparing FL-322

Using incomplete case captions or wrong case numbers, which can cause the court clerk to misfile or reject the document.
Mixing factual observations with argument or advocacy language rather than a neutral, factual summary of counsel’s contact.
Failing to sign or date the declaration correctly, or using an unsupported electronic signing method if the court requires a wet signature.
Not serving all required parties or failing to follow local proof-of-service rules, which can render the filing ineffective.

Real-World Uses of the FL-322 in Family Court

These condensed scenarios show how counsel uses the declaration to record child contact and assist the court.

Counsel Meeting Summary

After an in-office interview with the child, counsel files FL-322 to describe the child's statements and demeanor.

The child expressed visitation preferences.
The court used the declaration to frame follow-up questioning at the hearing and to order a focused custody evaluation.

Guardian ad Litem Report

A guardian ad litem files FL-322 to supplement a longer report with a short declaration of contact.

Declaration notes safe-keeping concerns.
The judge referenced the declaration when setting a supervised visitation schedule pending further evaluation.

Practical Tips for Accurate and Efficient FL-322 Completion

Follow consistent drafting habits to reduce clerical errors and ensure the declaration serves the court effectively.

Use neutral, fact-based language

Describe what the child said and what you observed without inserting opinionated or argumentative phrasing. Neutral wording reduces evidentiary disputes and preserves credibility in court.

Keep a contemporaneous record

Make notes immediately after meeting the child to capture precise language and context. Contemporaneous notes help reconstruct timing, attendees, and exact statements if contested later.

Verify caption and routing

Double-check the court name, department, and case number and confirm local e-filing or physical filing requirements to avoid rejects and processing delays.

Retain audit and proof of service

Keep signed copies, e-sign audit trails, and proof-of-service records to demonstrate timely filing and proper notification to all parties if disputes arise.

eSignature Pricing and Feature Snapshot for FL-322 Workflows

Below is a concise vendor comparison focused on starting price, trials, bulk send, audit trail, HIPAA support, and envelope limits to help evaluate e-signature options for court-ready forms.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes (Premium plan)	Yes	Yes	Yes	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions About FL-322

[INTRO] Answers to common procedural and technical questions about completing, signing, and filing FL-322.

Need help? Contact support

Is FL-322 mandatory?
Whether FL-322 is required depends on the judge’s orders and local rules; counsel often files it when the court requests a written account of contact with the child to inform case decisions.
Who must sign the declaration?
The attorney or appointed representative who met with the child should sign. If another professional contributed, their input may be attached but must be identified.
Can FL-322 be electronically signed?
Electronic signatures are generally acceptable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided the court or jurisdiction permits e-signatures and retention requirements are met.
What if the child cannot be contacted?
State the attempts made to contact the child and the reasons contact was not possible; courts expect a factual log of efforts rather than speculative statements.
How to correct an error after filing?
File an amended declaration or submit a supplemental declaration identifying the correction, and follow local procedures for amending court records to ensure clarity in the file.
How should sealed or sensitive content be handled?
Follow local rules for sealed filings; limit distribution, request in-camera review if appropriate, and store sealed copies under restricted access to protect confidentiality.

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