Article 5. Time For Hearing; Continuance of California Family Law Code >> Division 12. >> Part 4. >> Chapter 3. >> Article 5.
(a) It is the public policy of this state that judicial
proceedings to declare a child free from parental custody and control
shall be fully determined as expeditiously as possible.
(b) Notwithstanding any other provision of law, a proceeding to
declare a child free from parental custody and control pursuant to
this part shall be set for hearing not more than 45 days after the
filing of the petition. If, at the time set for hearing, or at any
continuance thereof, service has been completed and no interested
person appears to contest, the court may issue an order based on the
verified pleadings and any other evidence as may be submitted. If any
interested person appears to contest the matter, the court shall set
the matter for trial. The matter so set has precedence over all
other civil matters on the date set for trial.
(c) The court may continue the proceeding as provided in Section
7864 or Section 7871.
(a) A continuance may be granted only upon a showing of good
cause. Neither a stipulation between counsel nor the convenience of
the parties is in and of itself a good cause.
(b) Unless the court for good cause entertains an oral motion for
continuance, written notice of a motion for a continuance of the
hearing shall be filed within two court days of the date set for the
hearing, together with affidavits or declarations detailing specific
facts showing that a continuance is necessary.
(c) A continuance shall be granted only for that period of time
shown to be necessary by the evidence considered at the hearing on
the motion. Whenever a continuance is granted, the facts proven which
require the continuance shall be entered upon the minutes of the