Follow the Rules of Court and CCP to make sure your default is proper and enforceable. You must be prepared to enter evidence through documents and testimony.(1) Service Within the United States. This particular video section is going to describe uh what we call a prove upup hearing and that is if you are in either a paternity custody case or a divorce case. To ask the judge to set aside your default judgment, you must file a "motion" (a formal written request) with the court. I will need to fill out. Lawyer's Assistant chat img. Defendant failed to respond to the complaint and default was entered. What does receiving a Default Judgment in a Child Custody hearing mean? You may need to fill out some or all of the forms; read about each form carefully and fill out the ones that apply to you.