Petition To Approve A Minor's Contact

Papers and Filing:

1.    Q. How many petitions do I file?

        A. If more than one minor has signed the contract, file only one petition.  If each minor has signed a different contract, file a petition for each contract.  If you have more than one contract between the same minor and Petitioner, you may file one petition.  The filing fee is $435 per petition, regardless of how many minors are parties to the action. 

2.    Q. What type of document is acceptable to evidence the minor’s date of birth?

        A. A state issued certificate of birth or document issued by a governmental entity that would have required the presentation of a state issued certificate of birth, e.g., passport, driver’s license, etc.

3.    Q. Does the court accept copied, faxed and electronic signatures?

        A. Yes.  However, an electronic signature of someone other than the filer must be Docu-Signed or otherwise indicating, “that electronic signature is unique to the person using it, capable of verification, under the sole control of the person using it, and linked to data in such a manner that if the data are changed, the electronic signature is invalidated.”  (California Rule of Court 2.257 (c)(2)(B).) 

4.    Q. Where can I file my petition?

        A. The superior court in any county in which the minor resides or is employed or in which any party to the contract has its principal office in this state for the transaction of business.   (Family Code 6751(a).)  In Los Angeles County, a petition to approve a minor's contract is heard by the Supervising Judge of the Family Law Department, Central District, Dept. 2.

5.    Q. How do I obtain approval of an amendment to a contract previously approved by the court?

        A. File a new petition. 

6. Q. If Petitioner is a corporation, limited liability company or similar entity, does the petition need to be filed through legal counsel.  

A. Yes. (Merco Construction Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 731.)  

Parties:

7.    Q. If there are other parties to the contract who are adults, do I need to name them as parties to the petition?  

        A.  No, but Family Code Section 6751(b) requires that all parties to the contract be given notice of the petition and opportunity to be heard.  Therefore, if you obtain a waiver of notice from the guardian ad litem on behalf of the minor, you should also obtain a waiver of notice from any adult contracting parties even though they are not parties to the petition.

8.    Q. What if Petitioner is related to the minor?

        A. There may be a conflict of interest if either parent is guardian ad litem and a concern over whether there was arm’s-length negotiations.

9.    Q. May a parent or legal guardian act as guardian ad litem if the parent or legal guardian is also receiving compensation for services rendered or rights granted to Petitioner? 

        A. Generally yes, if the positions of the minor and guardian ad litem are not adverse to each other.

10.    Q. May both parents be named in the petition as the minor's guardian ad litem?

        A. No.  A minor may appear as a party in an action only by and through one guardian ad litem.  (Code of Civil Procedure 372.)

Contract With Paying Entity:

11.    Q. What if the contract is not among the types of contracts listed under Family Code Section 6750 or Labor Code 1700.37?  

        A. If the contract is a settlement of a minor’s claim, you may file a minor’s compromise action in the Probate Department pursuant Probate Code Section 3500.  If the contract is for attorney services in litigation, the petition should be heard by the same judicial officer handling the pending litigation or by the probate department having jurisdiction of the guardianship estate of the minor.  (Family Code 6602.)  If there is no statute giving the court authority to approve the contract, then the contract is voidable at the minor's discretion, except as provided under Chapter 2 of Part 3 of Division 11 of the Family Code (commencing with section 6710).    

12.    Q. What if the minor is a participant, contestant or otherwise not an employee of Petitioner?  

        A. The court requires a statement verifying compliance with California child labor laws that would have been applicable had the minor been employed by Petitioner in California.  

13.    Q. What if there is release language in the contract that exculpates Petitioner from liability for intentional wrong, gross negligence, or violation of law?  

        A. The language is void as a matter of law.  Therefore, the court may require an amendment to the contract.

Contract With Lender:

14. Q. What if there is no written employment contract between the minor and his/her lender?

A. Use Attachment F to Petition (FAM 178), which is now mandatory whether or not there is a written employment contract between the minor and his/her lender.  Signer should be an adult officer of Lender.  If signed by Minor, include signature of Minor's guardian ad litem.

15.    Q. What if the written employment contract between the minor and his/her lender does not indicate the percentage of compensation that the minor is entitled to for his/her services or indicates a percentage that is less than 100% (less expenses incidental to the employment, or similar language)?  

        A. The court may find that the contract between the paying entity and the lender is vague as to whether said contract is in the best interest of the minor or that the contract is not in the best interest of the minor.

Earnings:

16.    Q. What percentage of the minor’s income must be set aside in a Coogan Account?  

        A. 15% is mandatory.  (Family Code 6752(b)(1).)

17.    Q. Does the Coogan Account have to be located in California?

        A. Yes, pursuant to Family Code 6753(a).

18.    Q. Do I need both parents to sign the quitclaim (FAM 175) required for a minor residing outside California?

        A. Generally, yes.  If a parent's signature cannot be obtained, you may submit proof for the court’s consideration.  The majority of states and foreign countries have laws entitling one or both parents to the earnings of their minor child based on custody, support and/or gender.  Without the quitclaim signed by both parents, the court may find that it is not in the best interest of the minor to be bound by the terms of the contract because the minor may not be entitled to the earnings payable under the contract.