What is a Memorandum of Points and Authorities? Do I Need One in My Child Custody Paperwork?
Question: Do I Need to File a Memorandum of Points and Authorities in Addition to My Responsive Declaration Opposing My Ex’s Request for Child Custody Orders? His lawyer included a memorandum of points and authorities in support of my ex’s request for child custody and visitation/parenting time schedule orders.
Answer: You don’t need a memo of points and authorities in family law unless a judge requests one. This is different from civil law where one generally includes a memo of points and authorities. The key for you is your declaration. You want to provide facts which support your position. Ideally, you want to reference evidence in the declaration and attach the evidence to the declaration. Example: “I have never been late for work in the year 2024. Attached as exhibit 1 to my declaration are my time cards for my job at ACME Inc. which show that I have clocked in every day I worked on time.”
Obviously, your issue is different. You want to state facts which refute the allegations. You want to, if possible, reference objective documentary evidence which supports your contention in your declaration and attach the evidence to the declaration. (You must serve your declaration on opposing counsel and file it with the court.) California Rule of Court 5.92(g)5 specifically states that no memorandum of points and authorities is required when filing a responsive declaration unless specifically ordered by the court. Galen Gentry assists clients in Los Angeles and Southern California with issues relating to all aspects of family law. Mr. Gentry has 30 years of experience. Free Consultation.
What is a Memorandum of Points and Authorities?
A memorandum of points and authorities is a document that a party files with a California court to support a motion. It’s also known as a legal brief.
- A statement of facts
- An introduction of evidence and arguments
- A discussion of relevant case law, statutes, or other secondary materials
- A conclusion: an argument to the judge that when the judge applies the relevant law to the facts at hand the judge should order the relief sought by the party who filed the memorandum of points and authorities.
Call us for a free consultation: 310 282 7521 Attorney Galen Gentry has more than 30 years of experience helping people in Southern California protect their interests and their families in divorce, child custody and child support, spousal support and alimony cases and issues relating to community property and debt.