California Form FL-105 is the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and you fill it out by listing every child under 18 in the case, naming every person who has lived with each child during the past five years, disclosing any other custody case in any state or country, and signing under penalty of perjury before filing it with the clerk of the Superior Court of California. You attach FL-105 to almost any family law petition that asks the court to make orders about a child, including dissolution, legal separation, parentage, guardianship, and domestic violence restraining orders that include children.
The problem this form solves is jurisdictional chaos. Without FL-105, two states could issue conflicting custody orders for the same child, and a parent could “shop” for a friendlier court by moving across state lines. According to the U.S. Department of Justice’s National Incidence Studies of Missing, Abducted, Runaway, and Thrownaway Children, more than 200,000 children are taken each year by a family member in violation of custody rights, and the UCCJEA is the primary tool courts use to stop that.
Here is what you will learn in this guide:
- 📝 How to complete every line of FL-105, including the residence chart and “other proceedings” sections, with step-by-step Judicial Council instructions.
- ⚖️ When the UCCJEA in Family Code §§ 3400–3465 gives a California judge “home state” power versus when another state must keep the case.
- 🚨 How to disclose domestic violence, child abduction risk, and protective orders without putting a survivor in danger, using California’s Safe at Home program.
- 👨👩👧 Three named, real-life style scenarios — Maria in Los Angeles, David in San Diego, and Aisha in Sacramento — that show how the form changes with the facts.
- 🛑 The seven most common mistakes people make on FL-105 and the exact consequence of each, from a stricken declaration to a dismissed petition.
What Form FL-105 Is and Why It Exists
Form FL-105 is a sworn declaration that gives a California judge the facts needed to decide whether the court has the power — called subject matter jurisdiction — to make custody and visitation orders for a child. The form is published by the Judicial Council of California and is mandatory whenever a case asks the court to decide custody, visitation, or any other order affecting a minor child. The plain-English version is this: the judge cannot legally decide where your child lives until you tell the court, under oath, where your child has been living and whether any other court is already involved.
The federal backbone is the Parental Kidnapping Prevention Act of 1980 (28 U.S.C. § 1738A), which forces every state to honor custody orders from a child’s “home state.” California then layered the UCCJEA on top, codified at Family Code §§ 3400–3465, and FL-105 is the disclosure tool the UCCJEA requires. The consequence of skipping or lying on FL-105 is severe: under Family Code § 3429, the court can stay the case, dismiss it, or assess fees and costs against the parent who hid information.
A real-world example shows the stakes. In In re Marriage of Nurie (2009) 176 Cal.App.4th 478, a mother filed in California while a Pakistani court already had custody jurisdiction, and the appellate court ultimately respected California’s continuing jurisdiction precisely because the FL-105 disclosures and follow-up litigation made the timeline clear. A common misconception is that FL-105 is a custody order — it is not. It is only a fact sheet, but it controls which court is allowed to issue the order.
Federal vs. State Layers
Federal law sets the floor, and state law fills in the details. The PKPA tells states they must give “full faith and credit” to another state’s custody order if that state had home-state jurisdiction. The UCCJEA, adopted in 49 states, defines home state as the state where the child lived with a parent for at least six consecutive months immediately before the case was filed. California’s version lives in Family Code § 3402(g).
The consequence of misreading the home-state rule is that your case can be tossed out for lack of jurisdiction, and you may have to refile in another state and pay another filing fee. For example, if Jacob moves from Texas to California with his daughter on January 1, 2026, and files for custody on April 1, 2026, California is not the home state because the child has been there only three months. A common misconception is that “I live here, so I can file here” — residency of the parent does not equal home state of the child.
The International Layer
If a child has lived outside the United States, the Hague Convention on the Civil Aspects of International Child Abduction may apply. The Convention requires the prompt return of children wrongfully removed from their country of habitual residence. The U.S. State Department’s Office of Children’s Issues handles incoming and outgoing requests.
The consequence of ignoring an international tie on FL-105 is that a California order can be invalidated, and the parent who took the child can face federal charges under the International Parental Kidnapping Crime Act, 18 U.S.C. § 1204. For example, if Sofia brings her son from Spain to Los Angeles and files FL-105 without disclosing the Spanish custody order, the California judge must defer to Spain. A common misconception is that the Hague Convention applies to every country, but it only binds the 90+ contracting states that have signed and been accepted.
When You Must File FL-105
You must file FL-105 any time a California family law case asks the court to make orders about a child under 18. The list of triggering cases is long, and missing the form delays your hearing. The clerk will accept the petition without FL-105 in some counties, but the judge will not make custody orders without it.
The five most common triggers are dissolution with minor children using FL-100, legal separation, parentage cases under FL-200, domestic violence restraining orders that include children using DV-100, and guardianship petitions filed in probate using GC-210. The consequence of filing the wrong companion form is the clerk’s rejection of your packet at the window, costing you days or weeks.
A real-world example: when David in San Diego files an FL-100 dissolution with two minor children, he attaches FL-105, FL-105/GC-120 cover sheet, and his FL-100. A common misconception is that you only need FL-105 if custody is contested — you need it even if both parents agree, because the judge still must confirm jurisdiction.
Cases That Do Not Need FL-105
Not every family case needs FL-105. A dissolution with no minor children does not require it. A spousal-support-only post-judgment motion does not require it.
The consequence of filing FL-105 in a case that does not need it is mostly harmless, but it adds clerk processing time and can confuse a self-represented opposing party. For example, Linda in Fresno files for divorce after her youngest turns 18 and does not need FL-105. A common misconception is that FL-105 is required in any divorce — it is only required when minor children are part of the request for orders.
Line-by-Line Walkthrough of FL-105
The form has one page on the front and one continuation page on the back, and every box has a purpose. The current revision is dated January 1, 2025, so make sure you are not using an older PDF. Always download the current version from the Judicial Council form library.
The consequence of using an outdated FL-105 is rejection by the clerk, because the California Rules of Court, rule 1.31 require current Judicial Council forms. For example, Maria in Los Angeles printed a 2018 version from a third-party site, and the Stanley Mosk courthouse clerk rejected it. A common misconception is that any version will do as long as the boxes match — they do not always match, and the clerk checks revision dates.
Caption Box
The caption box at the top mirrors the caption on your petition. Enter your name, address, phone, and email if you are self-represented, or the law firm’s information if you have an attorney. Write “In Pro Per” on the attorney line if you are unrepresented.
The consequence of a wrong caption is that your filing may be matched to the wrong case or returned. Enter the court branch address exactly as it appears on the petition. A common misconception is that the case number goes blank on the first filing — that is correct only if you are filing the petition simultaneously, in which case the clerk assigns a number at intake.
Item 1: Number of Children
Item 1 asks how many children are subject to the proceeding. Count only children under 18 who are part of this request for orders. Do not include emancipated minors or stepchildren you have not adopted.
The consequence of overcounting is a request for clarification from the court, and the consequence of undercounting is a missing custody order for the child you forgot. For example, Aisha in Sacramento has three biological children and one stepchild she has not adopted, so she enters “3.” A common misconception is that you must list every child in the household, but the form only covers children whose custody the court will decide.
Item 2: Children’s Residence Information
Item 2 is the heart of the form. For each child, list the addresses where the child has lived for the last five years, the dates at each address, the names and present addresses of the people the child lived with, and those people’s relationships to the child. If the child is under five, list every address since birth.
The consequence of leaving Item 2 blank or vague is that the judge cannot make a home-state finding, and your hearing will be continued. Use the FL-105 attachment, Form MC-025 if you need more space. A common misconception is that you can write “same as petitioner” — the form requires full addresses and full names, not shortcuts.
Item 3: Participation in Other Proceedings
Item 3 asks whether you have participated as a party, witness, or in any other capacity in any other case concerning the custody of, or visitation with, any child subject to this proceeding. Check “yes” or “no.” If yes, list the case name, number, court, status, and date of any custody order.
The consequence of a false “no” answer is perjury exposure under California Penal Code § 118 and possible sanctions under Family Code § 3429. For example, Marcus in Oakland forgot a 2019 Nevada custody case and was sanctioned $1,500. A common misconception is that closed cases do not count — they do, because the prior court may still have continuing exclusive jurisdiction under Family Code § 3422.
Item 4: Information About Other Proceedings
Item 4 asks whether you know of any custody proceeding pending in any court — including juvenile, probate, or tribal court — concerning a child subject to this case. This is broader than Item 3 because it includes cases where you are not a party.
The consequence of missing a juvenile dependency case is that the family court must defer to juvenile court under Welfare and Institutions Code § 304. For example, if David’s daughter has an open dependency case in San Diego juvenile court, the family law judge cannot enter custody orders. A common misconception is that tribal court cases are excluded — the Indian Child Welfare Act, 25 U.S.C. § 1901 requires disclosure and may transfer jurisdiction.
Item 5: Persons Not a Party
Item 5 asks whether you know of any person not a party to this proceeding who has physical custody or claims rights of legal custody, physical custody, or visitation. List grandparents, stepparents, aunts, uncles, or anyone with a possible claim.
The consequence of leaving out a grandparent who has Family Code § 3104 visitation rights is a later motion to vacate the custody order. For example, Aisha’s mother has cared for her oldest child for three years, and Aisha lists her under Item 5. A common misconception is that informal caretakers do not count — anyone with a colorable claim must be listed so they can be joined.
Item 6: Signature and Verification
Item 6 is the signature line. You sign under penalty of perjury under California law, with the date and city. Print your name next to the signature.
The consequence of an unsigned FL-105 is rejection at the clerk’s window, and the consequence of a perjured signature is criminal prosecution under Penal Code § 118. For example, Marcus re-signed and re-filed after the clerk caught his missing signature. A common misconception is that an electronic signature works in every county — check your county’s local rules on e-filing before relying on a typed “/s/” signature.
Three Real-World Scenarios
Scenarios make the form click. Each of the three below uses a named person, a real California county, and a different fact pattern. The 2-column tables show the action you take and the consequence that follows.
Scenario 1: Maria in Los Angeles — Standard Dissolution
Maria has two children, both born in Los Angeles, who have lived with her and her spouse in the same Los Angeles apartment for the last seven years. There is no other custody case anywhere. She is filing FL-100 and FL-105 together at the Stanley Mosk Courthouse.
| Filing Step | What Happens Next |
|---|---|
| Maria lists both children, the LA address from birth, and checks “no” to Items 3, 4, and 5 | Clerk accepts FL-105, assigns case number, and schedules the first hearing |
| Maria signs under penalty of perjury and dates the form | Court treats LA as the home state under Family Code § 3421 and confirms jurisdiction |
Scenario 2: David in San Diego — Recent Move From Texas
David moved from Houston to San Diego on March 1, 2026, with his 4-year-old son. He files for divorce and custody on May 18, 2026. The mother stayed in Texas.
| Filing Step | What Happens Next |
|---|---|
| David lists Houston addresses for the prior five years and the new San Diego address | Court sees the child has been in California fewer than six months |
| David checks “no” to Item 3 because no Texas case was ever filed | California declines home-state jurisdiction; Texas remains the home state under Family Code § 3421(a)(1) |
Scenario 3: Aisha in Sacramento — Domestic Violence and Tribal Ties
Aisha files a DV-100 restraining order in Sacramento and asks for emergency custody of her three children, one of whom is a member of a federally recognized tribe. The father has threatened abduction.
| Filing Step | What Happens Next |
|---|---|
| Aisha checks the FL-105 box requesting nondisclosure of her address under Family Code § 3429.5 | Court seals her address and uses her Safe at Home substitute address |
| Aisha discloses the tribal affiliation in Item 5 | Court provides ICWA notice under 25 U.S.C. § 1912 and may transfer to tribal court |
Concrete Examples With Named People
Concrete names make the rules memorable. Below are three more named examples that show how small fact changes change the outcome on FL-105.
Jasmine in Riverside has a 2-year-old daughter and lists every address since birth, including a six-month stay with her grandmother in Arizona. Because the child returned to California eight months before filing, California is the home state under Family Code § 3421(a)(1). The consequence is that the Riverside court keeps the case, and Jasmine gets a temporary custody order at her first hearing.
Carlos in Santa Clara has joint custody from a 2022 New York order. He moves to California with the mother’s written consent and files to register the New York order using FL-580 plus FL-105. The consequence is that California cannot modify the order until New York loses continuing exclusive jurisdiction under Family Code § 3423.
Priya in Alameda is a witness in her sister’s custody case in Texas but is not a party. She still must check “yes” on Item 3 because the form asks about participation “in any capacity.” The consequence of checking “no” is a possible sanction and a credibility hit at trial.
Mistakes to Avoid
Mistakes on FL-105 are common and costly. Here are the seven biggest, with the negative outcome of each.
- Using an outdated form revision, which causes rejection at the clerk’s window and a delayed filing date.
- Listing only the current address instead of the full five-year history, which makes the judge unable to find a home state.
- Checking “no” on Item 3 when a closed case exists, which exposes you to perjury and Family Code § 3429 sanctions.
- Forgetting to list a grandparent or caretaker in Item 5, which lets that person attack the eventual order as void.
- Skipping the MC-025 attachment when you need more space, which forces the court to guess at facts you crammed into the margins.
- Disclosing a survivor’s confidential address instead of using Safe at Home, which can trigger a stalking or abuse incident.
- Failing to sign and date the form, which the clerk catches and which adds at least one trip back to the courthouse.
Do’s and Don’ts
The do’s and don’ts list keeps you on the rails when you fill out the form yourself. Each item has a brief reason, because rules without reasons are easy to forget.
- Do download the current FL-105 each time, because the Judicial Council updates forms periodically.
- Do list every address, because the home-state finding turns on geography, not relationships.
- Do disclose every prior case, because Family Code § 3429 punishes hidden cases harder than messy ones.
- Do use Safe at Home if you qualify, because Government Code § 6206 protects survivors.
- Do keep a stamped copy, because the court file is the official record but your stamped copy is your proof.
- Don’t sign electronically without checking county rules, because not every county accepts “/s/” signatures on declarations.
- Don’t leave Items 3, 4, or 5 blank, because blanks read as “no” and lock you in.
- Don’t guess at dates, because perjury liability attaches to every sworn statement.
- Don’t skip ICWA disclosures, because the federal ICWA statute preempts state custody orders.
- Don’t treat FL-105 as a one-time form, because Family Code § 3429(d) requires you to update the court if the facts change.
Pros and Cons of FL-105 in Practice
FL-105 is mandatory, but it has real upsides and downsides for the parties who fill it out. Knowing both sides helps you decide how much detail to add.
- Pro: It forces a clean jurisdictional record, which prevents conflicting orders.
- Pro: It surfaces grandparent and caretaker claims early, which avoids late motions.
- Pro: It triggers ICWA notice when applicable, which protects tribal rights.
- Pro: It supports Safe at Home address protection for survivors.
- Pro: It is free to file when attached to a petition, with no extra fee beyond the first-paper filing fee of $435.
- Con: It exposes private residential history to the other party, which can be uncomfortable.
- Con: It opens the door to perjury liability for any inaccurate statement.
- Con: It can delay urgent hearings if Item 2 is incomplete and the court continues the matter.
- Con: It requires re-filing when a child’s residence changes mid-case.
- Con: It can complicate cases with international ties, because the Hague Convention may pull jurisdiction abroad.
Filing, Service, and Fees
After you fill out FL-105, you file it with your petition or response at the superior court for the county where the child lives. The clerk stamps the original and your copies, returns the copies to you, and routes the original to the case file. If you cannot afford the filing fee, request a waiver using FW-001.
The consequence of skipping service is that the other party has no notice of the jurisdictional facts, which can undo any order entered. You serve FL-105 along with the petition by personal service using a non-party server, and the server completes a Proof of Service of Summons FL-115. A common misconception is that you can mail FL-105 first — initial service must be personal in California family law, per Code of Civil Procedure § 415.10.
Updating FL-105 During the Case
The duty to disclose under Family Code § 3429 is continuing. If you learn of a new case, a new caretaker, or a move, you file an amended FL-105 within a reasonable time.
The consequence of failing to update is sanctions and possible loss of credibility at trial. For example, if Carlos moves the children from Santa Clara to Contra Costa during a pending case, he files an amended FL-105 with the new address. A common misconception is that small moves do not count — even a move within the same county must be disclosed because it can change school district and custodial routines.
Key Court Rulings to Know
A handful of California cases shape how judges read FL-105 disclosures. Reading them is not required, but knowing them helps you avoid surprises.
In In re Marriage of Nurie (2009) 176 Cal.App.4th 478, the court reinforced that California retains continuing exclusive jurisdiction once it has properly assumed it, even when a parent flees abroad. The consequence for litigants is that an early, accurate FL-105 locks in jurisdiction. A common misconception is that fleeing the state defeats jurisdiction — it does not.
In Schneer v. Llaurado (2015) 242 Cal.App.4th 1276, the appellate court held that a foreign country’s order can be registered and enforced like a sister-state order under the UCCJEA. The consequence is that international parents must disclose foreign orders on Item 3. A common misconception is that only U.S. orders count on FL-105 — every order, foreign or domestic, must be listed.
In In re Marriage of Sareen (2007) 153 Cal.App.4th 371, the court emphasized the need for a UCCJEA hearing when jurisdiction is contested. The consequence is that a thorough FL-105 can short-circuit the need for a separate evidentiary hearing. A common misconception is that judges always hold a UCCJEA hearing — they do not, when the FL-105 is undisputed.
Special Situations
Some fact patterns deserve their own treatment, because the standard FL-105 instructions do not capture every wrinkle. Three situations come up the most: domestic violence, tribal children, and military families.
Domestic Violence and Address Confidentiality
Survivors can request that their address be kept confidential under Family Code § 3429.5 and can use the Safe at Home substitute address program administered by the Secretary of State. You also disclose any protective order in Item 3 or Item 4 as applicable.
The consequence of failing to invoke confidentiality is that the abuser sees your address in the public file. For example, Aisha in Sacramento uses her Safe at Home P.O. box on FL-105. A common misconception is that confidentiality is automatic — it is not, and you must affirmatively request it.
Tribal Children and ICWA
If a child is or may be a member of a federally recognized tribe, the Indian Child Welfare Act, 25 U.S.C. §§ 1901–1963 applies, and you must disclose the affiliation. California implements ICWA through Family Code § 177 and Welfare and Institutions Code § 224.
The consequence of missing an ICWA disclosure is that the eventual custody order can be invalidated, sometimes years later. For example, the California Department of Social Services ICWA page lists procedures the courts follow. A common misconception is that ICWA only applies to dependency cases — it also applies to private custody and guardianship.
Military Families and the Servicemembers Civil Relief Act
If a parent is on active duty, the Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043 can stay proceedings and protect the servicemember’s rights. California’s Family Code § 3047 protects against custody changes based solely on deployment.
The consequence of ignoring SCRA is reversal on appeal and sanctions against counsel. For example, if David in San Diego is deployed during the case, he can request a 90-day stay. A common misconception is that SCRA stays are automatic — they require a written request supported by a commanding officer’s statement.
Key Entities You Will See
The names below repeat across FL-105, and you should recognize each. Knowing who does what saves time when something goes wrong.
- Judicial Council of California publishes and revises FL-105 and is the rule-making arm of the California Courts.
- Superior Court of California is the trial court for family law matters in each county.
- California Secretary of State runs the Safe at Home program for survivors.
- U.S. State Department’s Office of Children’s Issues handles Hague abduction cases.
- Bureau of Indian Affairs maintains tribal enrollment records used in ICWA inquiries.
- National Center for Missing & Exploited Children provides resources at missingkids.org for families facing abduction risk.
Frequently Asked Questions
Is FL-105 required in every California divorce?
No. FL-105 is required only when the case involves a request for orders affecting a child under 18, including custody, visitation, or child support tied to custody.
Can I file FL-105 electronically?
Yes. Most California counties accept e-filing through approved providers, and the California Courts e-filing page lists county-by-county rules and accepted vendors.
Do I need FL-105 for a child support-only case?
No. A pure child support action under Title IV-D does not require FL-105 because the local child support agency handles it under different rules.
What happens if I lie on FL-105?
Yes, you face real consequences. Perjury under Penal Code § 118, sanctions under Family Code § 3429, and possible dismissal of your custody requests are all on the table.
Does FL-105 cover stepchildren?
No, unless you have legally adopted the child. Stepchildren you have not adopted are not subject to family court custody orders.
Can grandparents file FL-105?
Yes. Grandparents who file a Family Code § 3104 visitation petition attach FL-105 like any other party.
Is there a filing fee for FL-105?
No separate fee. FL-105 is filed with the petition and is covered by the petition’s filing fee, with waivers available via FW-001.
Do I have to update FL-105 if my child moves?
Yes. Family Code § 3429 imposes a continuing duty to inform the court of any change in the residence or jurisdictional facts.
Does FL-105 apply to tribal court cases?
Yes. You must disclose any tribal court proceeding, and ICWA may shift the case to the tribal court under 25 U.S.C. § 1911.
Can I keep my address confidential on FL-105?
Yes. Use Safe at Home and request confidentiality under Family Code § 3429.5 if you are a survivor of abuse or stalking.
Does FL-105 work for international custody cases?
Yes, in part. You must disclose foreign orders, and the Hague Convention governs return of children to a country of habitual residence.
Do both parents file FL-105?
Yes. The petitioner files one with the petition, and the respondent files one with the response, because each parent’s knowledge of jurisdictional facts may differ.
Can I file FL-105 without an attorney?
Yes. Self-represented litigants file FL-105 every day, and the California Courts Self-Help Center offers step-by-step guidance.
Related reading
- How to File for Child Custody Without a Lawyer (w/Examples) + FAQs
- How to Fill Out California Form FL-200 (w/Examples) + FAQs
- How to Fill Out California Form FL-220 (w/Examples) + FAQs
- How to Fill Out California Form FL-311 (w/Examples) + FAQs
- How to Fill Out California Form FL-341 (w/Examples) + FAQs
- How to Fill Out California Form FL-344 (w/Examples) + FAQs
- How to Fill Out California Form FL-120 (w/Examples) + FAQs