The FL-300 form, a crucial document in the judicial process, is designed for individuals seeking a court order within family law cases in California. This form can be employed for various requests, including but not limited to changes in child custody, visitation schedules, spousal support modifications, and domestic violence orders. Understanding and correctly filling out this form is essential for any party without an attorney or those represented, to effectively communicate their needs and legal requests to the court. To initiate this important process, click the button below for assistance in filling out the FL-300 form.
The FL-300 form holds a crucial place within the legal landscape, especially for those embarking on family law proceedings in the Superior Court of California. This multipurpose document facilitates a variety of requests related to family law, notably those concerning child custody, visitation rights, spousal or partner support, and modifications to existing domestic violence orders. Beyond these, it permits the application for attorney’s fees and costs, change in child support, and control over certain shared properties. The form is meticulously designed to ensure all essential details surrounding the legal representation, party information, and the nature of the request are comprehensively covered. A notable feature of the FL-300 is the provision for setting a court hearing, necessitating the served party to respond via a Responsive Declaration (FL-320) to avoid unilateral decisions by the court. Additionally, it lays out the prerequisites for mediation or recommendation counseling in child custody matters, reinforcing its role in facilitating structured legal resolutions. By providing a structured framework for presenting requests to the court, the FL-300 form underscores the court's attempt to streamline family law proceedings and ensure matters are resolved with due diligence.
FL-300
PARTY WITHOUT ATTORNEY OR ATTORNEY
STATE BAR NUMBER:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER:
RESPONDENT:
OTHER PARENT/PARTY:
REQUEST FOR ORDER
CHANGE
CASE NUMBER:
Child Custody
Visitation (Parenting Time)
Spousal or Partner Support
Child Support
Domestic Violence Order
Attorney's Fees and Costs
Other (specify):
NOTICE OF HEARING
1.TO (name(s)):
Petitioner Respondent
2.A COURT HEARING WILL BE HELD AS FOLLOWS:
Other Parent/Party
a.Date:
b.Address of court
Time: same as noted above
Dept.:
other (specify):
Room.:
3.WARNING to the person served with the Request for Order: The court may make the requested orders without you if you do not file a Responsive Declaration to Request for Order (form FL-320), serve a copy on the other parties at least nine court days before the hearing (unless the court has ordered a shorter period of time), and appear at the hearing. (See form FL-320-INFO for more information.)
(Forms FL-300-INFO and DV-400-INFO provide information about completing this form.)
It is ordered that:
4. Time
for service
COURT ORDER
(FOR COURT USE ONLY)
until the hearing is shortened. Service must be on or before (date):
5.
6.
7.
8.
A Responsive Declaration to Request for Order (form FL-320) must be served on or before (date):
The parties must attend an appointment for child custody mediation or child custody recommending counseling as follows (specify date, time, and location):
The orders in Temporary Emergency (Ex Parte) Orders (form FL-305) apply to this proceeding and must be personally served with all documents filed with this Request for Order.
Date:
JUDICIAL OFFICER
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Form Adopted for Mandatory Use Judicial Council of California FL-300 [Rev. July 1, 2016]
Family Code, §§ 2045, 2107, 6224, 6226, 6320–6326, 6380–6383; Government Code, § 26826 Cal. Rules of Court, rule 5.92 www.courts.ca.gov
RESPONDENT: OTHER PARENT/PARTY:
Note: X
1.
RESTRAINING ORDER INFORMATION
One or more domestic violence restraining/protective orders are now in effect between (specify):
Petitioner
Respondent
Other Parent/Party (Attach a copy of the orders if you have one.)
The orders are from the following court or courts (specify county and state):
a.
Criminal: County/state (specify):
Case No. (if known):
b.
Family: County/state (specify):
c.
Juvenile: County/state (specify):
d.
Other: County/state (specify):
2.
CHILD CUSTODY
VISITATION (PARENTING TIME)
a. I request that the court make orders about the following children (specify):
I request temporary emergency orders
Child's Name
Date of Birth
The orders I request for
child custody
visitation (parenting time) are:
(1)
Specified in the attached forms:
Form FL-305
Form FL-311
Form FL-312
(2)
Form FL-341(D)
Form FL-341(E)
As follows (specify):
Attachment 2a.
Form FL-341(C)
Attachment 2b.
c. The orders that I request are in the best interest of the children because (specify):
Attachment 2c.
This is a change from the current order for
visitation (parenting time).
The order for legal or physical custody was filed on (date):
.
The visitation (parenting time) order was filed on (date):
. The court ordered (specify):
Attachment 2d.
FL-300 [Rev. July 1, 2016]
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3.
CHILD SUPPORT
(Note: An earnings assignment may be issued. See Income Withholding for Support (form FL-195)
a. I request that the court order child support as follows:
Child's name and age
I request support for each child
Monthly amount ($) requested
based on the child support guideline. (if not by guideline)
4.
(date):
d. The court should make or change the support orders because (specify):
SPOUSAL OR DOMESTIC PARTNER SUPPORT
(Note: An Earnings Assignment Order For Spousal or Partner Support (form FL-435) may be issued.)
Amount requested (monthly): $
I want the court to
change
end the current support order filed on (date):
The court ordered $
per month for support.
Attachment 3a.
Attachment 3d.
This request is to modify (change) spousal or partner support after entry of a judgment.
I have completed and attached Spousal or Partner Support Declaration Attachment (form FL-157) or a declaration
that addresses the same factors covered in form FL-157.
d. I have completed and filed a current Income and Expense Declaration (form FL-150) in support of my request.
e.
The court should should make, change, or end the support orders because (specify):
Attachment 4e.
PROPERTY CONTROL
a. The petitioner respondent other parent/party
control of the following property that we own or are buying
b. The
petitioner
respondent
other parent/party
and liens
coming due while the order is in effect:
I request temporary emergency orders be given exclusive temporary use, possession, and
lease or rent (specify):
be ordered to make the following payments on debts
Pay to:
For:
Amount: $
Due date:
c. This is a change from the current order for property control filed on (date):
d.Specify in Attachment 5d the reasons why the court should make or change the property control orders.
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ATTORNEY'S FEES AND COSTS
I request attorney's fees and costs, which total (specify amount): $
. I filed the following to support my request:
a.A current Income and Expense Declaration (form FL-150).
b.A Request for Attorney's Fees and Costs Attachment (form FL-319) or a declaration that addresses the factors covered in that form.
c.A Supporting Declaration for Attorney's Fees and Costs Attachment (form FL-158) or a declaration that addresses the factors covered in that form.
DOMESTIC VIOLENCE ORDER
•Do not use this form to ask for domestic violence restraining orders! Read form DV-505-INFO, How Do I Ask for a Temporary Restraining Order, for forms and information you need to ask for domestic violence restraining orders.
•Read form DV-400-INFO, How to Change or End a Domestic Violence Restraining Order for more information. a. The Restraining Order After Hearing (form DV-130) was filed on (date):
b. I request that the court
end the personal conduct, stay-away, move-out orders, or other
protective orders made in Restraining Order After Hearing (form DV-130). (If you want to change the orders, complete 7c.)
I request that the court make the following changes to the restraining orders (specify):
Attachment 7c.
9.
d. I want the court to change or end the orders because (specify):
OTHER ORDERS REQUESTED (specify):
TIME FOR SERVICE / TIME UNTIL HEARING I urgently need:
To serve the Request for Order no less than (number):
court days before the hearing.
The hearing date and service of the the Request for Order to be sooner.
c. I need the order because (specify):
Attachment 7d.
Attachment 8.
Attachment 9c.
10.
FACTS TO SUPPORT the orders I request are listed below. The facts that I write in support and attach to this request
cannot be longer than 10 pages, unless the court gives me permission.
Attachment 10.
I declare under penalty of perjury under the laws of the State of California that the information provided in this form and all attachments is true and correct.
(TYPE OR PRINT NAME)
(SIGNATURE OF APPLICANT)
Requests for Accommodations
Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the proceeding. Contact the clerk's office or go to www.courts.ca.gov/forms for Request for Accommodations by Persons With Disabilities and Response (form MC-410). (Civ. Code, § 54.8.)
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After completing the FL-300 form, you are making formal requests to a California court. These requests can include changes in child custody, visitation rights, spousal support, and more. By filling out this form correctly and providing necessary documentation, you are taking a crucial step toward altering current court orders or establishing new ones. The court will consider your submission and schedule a hearing to address these requests.
After submitting the completed FL-300 form and any attachments to the court, you'll proceed to the next phase, which involves serving the other party with the paperwork and preparing for the scheduled hearing. This step is critical to ensuring that the other party is officially notified of your requests and has the opportunity to respond. It's important to follow the court's instructions and deadlines carefully throughout this process.
The FL-300 form, also known as the Request for Order, is a crucial document used in California's family courts. It is employed by parties seeking a court order for various matters pertaining to family law cases. These include requests for child custody and visitation modifications, spousal or partner support adjustments, child support, domestic violence orders, attorney’s fees and costs, and other related issues. This form initiates a legal process leading to a court hearing where these matters can be addressed.
To complete the FL-300 form, the filer must provide detailed information in each section applicable to their request. This includes identifying information about the petitioner, respondent, and other relevant parties, as well as the specific orders being requested and the reasons for these requests. Attachments may be necessary to provide further details or evidence supporting the requests. It is important to fill out the form fully and accurately, as incomplete or incorrect information could delay the process or affect the outcome of the case.
Depending on the nature of the request, several documents may need to be attached to the FL-300 form, including:
After filing the FL-300 form with the court, the person who filed the request must serve copies of the form and any attachments on all other parties involved in the case. This includes the other parent or partner, attorneys, and anyone else who has a legal interest in the matter. Service must be completed by someone over the age of 18 not involved in the case, and proof of service must be filed with the court. This ensures that all parties are aware of the requested orders and the hearing date.
The FL-300 form and accompanying documents must be served on the other parties at least nine court days before the scheduled hearing, unless the court specifies a shorter period. This timeframe allows the other parties sufficient time to prepare and respond, if they choose, with a Responsive Declaration to Request for Order (form FL-320).
If a party served with the FL-300 form does not file a Responsive Declaration (form FL-320) and fails to appear at the scheduled hearing, the court may issue orders in their absence. This could potentially result in decisions that are unfavorable to the party who failed to respond, as the court will proceed based on the information provided by the attending parties.
Yes, in situations where an immediate decision is needed due to urgent circumstances, one can request temporary emergency (ex parte) orders using the FL-300 form. This requires indicating the nature of the emergency in the form and may result in a quicker hearing date. However, specific criteria must be met, and documentation of the urgency must be provided.
In cases involving child custody or visitation, the parties may be ordered to attend child custody mediation before the hearing. This court-ordered mediation aims to help the parties reach an agreement on custody and visitation arrangements. The recommendations from mediation may be considered by the court when making final decisions. Thus, participation in mediation is a critical part of the process when custody or visitation is in dispute.
Failure to comply with court orders issued after an FL-300 hearing can result in significant legal consequences, including contempt of court charges, fines, and modifications to the existing orders that may not be in the non-compliant party’s favor. It’s vital for all parties to understand and adhere to the court's directives.
Changes or cancellations after filing the FL-300 form are possible but require following proper legal procedures. This might involve filing additional paperwork or attending a court hearing specifically to request the change or cancellation. It's advisable to consult with an attorney or the court clerk on the correct steps based on the case's specific circumstances.
Filling out the FL-300 form, known formally as the Request for Order, is a crucial step in various court proceedings regarding family law issues in California. However, mistakes can happen during this process, potentially affecting the outcome of the case. Here are five common mistakes people make when filling out the FL-300 form:
Not Reading Instructions Carefully: The FL-300 form comes with instructions (Forms FL-300-INFO and DV-400-INFO) that provide detailed guidance on how to complete the form. Skipping these instructions can lead to errors in filling out the form correctly, increasing the risk of having the form rejected or the case delayed.
Incorrect Information About Parties: It's essential to provide accurate details about all parties involved, including correct names, addresses, and case numbers. Misinformation can lead to processing delays and miscommunication in the legal process.
Omitting Supporting Documentation: The form requires attachments for certain requests, such as child custody, visitation schedules, or financial declarations (e.g., form FL-150 for financial information). Failing to attach the necessary supporting documents can weaken the case or result in incomplete consideration by the court.
Not Specifying Requests Clearly: The FL-300 allows for various orders to be requested such as child custody, visitation, spousal support, or changes to domestic violence orders. When applicants do not specify their requests clearly or provide the reasons for their requests, it can lead to ambiguity and affect the judge's decision-making.
Forgetting to Sign and Date: The declaration at the end of the FL-300 form must be signed and dated, asserting that the information provided is true and correct under penalty of perjury. Overlooking this simple but crucial step can render the submission invalid.
Ensuring the accuracy and completeness of the FL-300 form is critical for the success of any request made to the court. Avoiding these common mistakes can help streamline the legal process and improve the chances of achieving the desired outcome.
When navigating through family law matters, it's crucial to understand that the FL-300, Request for Order form, is usually just the starting point. Alongside this document, several others play pivotal roles in ensuring your requests and needs are clearly communicated to the court. Here, we'll briefly explore five additional forms frequently used in conjunction with the FL-300, explaining their purpose and relevance.
Navigating through the complexities of family law matters requires attention to detail and an understanding of how various documents work together to present a clear picture of your situation to the court. Whether you're responding to an FL-300 form or initiating a request, these additional forms ensure that all aspects of your case are thoroughly addressed, helping the court make informed decisions regarding your family's well-being.
The FL-300 form, utilized within the legal framework to request various orders relating to family law issues including child custody, visitation rights, and domestic violence orders, bears resemblance to other legal documents in its structure, intent, and procedural function. Here are seven such documents:
These documents, in concert with the FL-300 form, compose a network of forms that facilitate the comprehensive and responsive operation of family law proceedings, ensuring that individual rights and familial duties are appropriately balanced and adjudicated within the legal framework.
When navigating the process of filling out the FL-300 Request for Order form, understanding what you should and shouldn't do is critical to the outcome and efficiency of your legal proceedings. Below are key dos and don'ts to keep in mind:
Adhering to these guidelines when filling out the FL-300 form will help streamline your process and avoid common pitfalls. It's always recommended to consult with a legal professional if you have questions or need assistance with your specific case.
There are several misconceptions regarding the FL-300 form, a crucial document in family law proceedings in California. Here are five common misunderstandings and the clarifications:
This is not correct. While the form is frequently used for requests related to child custody and visitation, it also covers a wide range of other issues including spousal or partner support, child support, domestic violence orders, attorney's fees and costs, property control, and more. Its versatility makes it applicable in various family law scenarios.
Simply filing the FL-300 form does not guarantee a court hearing. The form is a request for a court order, which means the court will review the request and decide whether a hearing is necessary or if the order can be granted without one, based on the information provided and the urgency of the matter.
While the FL-300 is essential for requesting court orders within ongoing cases, it may not be the first step in initiating a new family law case. Other forms and steps are often necessary to start a new case, such as filing a petition related to divorce, paternity, or other matters before requesting orders through the FL-300.
After filing the FL-300, the petitioner must serve the respondent with a copy of the form and any other filed documents. Serving the documents informs the other party of the request and the scheduled hearing, giving them the opportunity to respond. Proper service of process is a critical step that cannot be overlooked.
The recipient of the FL-300 request must take the notice seriously. The form includes a warning that the court may make the requested orders without their input if they do not file a Responsive Declaration to Request for Order (form FL-320), serve a copy on the other parties at least nine court days before the hearing, and appear at the hearing. Failing to respond can result in orders being made without considering their perspective or needs.
Understanding these misconceptions about the FL-300 form can help parties navigate their family law cases more effectively, ensuring they take appropriate steps to protect their rights and interests.
Understanding the FL-300 form is crucial when seeking court orders related to family law matters. Here are six key takeaways for filling out and using this form effectively.
Thorough completion and timely submission of the FL-300 form, along with the required attachments, can significantly influence the outcome of family law proceedings. It's advisable to seek clarification on any sections that are unclear and ensure submissions are made well in advance of any deadlines.
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