The FL-300 form is a Request for Order used in California family law cases. It allows individuals to ask the court for changes regarding child custody, support, and other related matters. Completing this form accurately is essential for ensuring your requests are heard; start by filling it out through the button below.
The FL-300 form serves as a critical tool in California family law, allowing individuals to formally request various types of court orders related to child custody, visitation, spousal support, child support, and more. This form is often utilized by petitioners and respondents in family law cases, ensuring that their requests are documented and presented to the court. The FL-300 includes sections for parties to identify themselves, specify the nature of the request, and provide detailed information about the children involved, if applicable. It requires the party submitting the request to outline the specific orders sought, such as changes in custody arrangements or modifications to existing support orders. Additionally, the form emphasizes the importance of timely service and provides clear instructions regarding the potential consequences of failing to respond appropriately. Courts rely on this form to facilitate hearings and ensure that all parties have the opportunity to present their case. The FL-300 also addresses domestic violence restraining orders, although it directs users to separate forms for those specific requests. By adhering to the requirements set forth in the FL-300, individuals can navigate the complexities of family law proceedings more effectively, thereby promoting fair outcomes for all parties involved.
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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Filling out the FL-300 form is a crucial step in your legal process. This form allows you to formally request orders from the court related to various family law matters. Completing it accurately and thoroughly is essential for your case to be heard effectively.
After completing the FL-300 form, you will need to file it with the court and serve copies to the other parties involved. Be mindful of deadlines and ensure that you follow all procedural requirements to avoid delays in your case.
The FL-300 form is used to request a court order in family law cases. This can include changes to child custody, visitation, spousal support, child support, and other related issues. The form allows individuals to formally present their requests to the court and outlines the reasons for those requests.
Any party involved in a family law case who wishes to request a change or new order must fill out the FL-300 form. This includes petitioners, respondents, and other parents or parties involved in the case. It is essential for those seeking modifications to existing orders or new orders to complete this form accurately.
To serve the FL-300 form, you must deliver a copy of the completed form to all other parties involved in the case. This can be done by mail or in person. It is crucial to serve the documents at least nine court days before the scheduled hearing unless the court has ordered a shorter time frame. Ensure you keep proof of service for your records.
If you do not file a Responsive Declaration to the Request for Order (form FL-320) and appear at the hearing, the court may make decisions without your input. This can result in orders being issued that may not be in your best interest. It is important to respond promptly to protect your rights.
Additional information about the FL-300 form can be found on the California Courts website. You can access resources, guides, and related forms that may help you understand the process better. If you have specific questions, consider reaching out to the clerk's office for assistance.
Incomplete Personal Information: Many individuals fail to provide all required personal information, such as their full name, address, and contact details. This omission can delay the processing of the request.
Incorrect Case Number: Using the wrong case number is a common mistake. It is crucial to ensure that the case number matches the one assigned by the court.
Failure to Specify Requests: Some people do not clearly specify what orders they are requesting. Clear and precise language is essential to avoid misunderstandings.
Missing Attachments: Not including necessary attachments, such as previous orders or supporting documents, can lead to rejection of the form. Always check the requirements for attachments.
Ignoring Service Requirements: Individuals often overlook the requirement to serve the request on other parties. Proper service is essential to ensure that all parties are informed of the proceedings.
Incorrect Dates: Filling in incorrect dates for hearings or deadlines can cause significant issues. Double-check all dates to ensure accuracy.
Neglecting to Sign: Some applicants forget to sign the form. A signature is necessary to validate the request and affirm that the information provided is true.
Not Following Formatting Guidelines: Failing to adhere to the court's formatting guidelines can result in the form being rejected. Pay attention to font size, margins, and spacing.
Overlooking Court Instructions: Ignoring specific instructions provided by the court can lead to errors. Always read the instructions carefully before completing the form.
The FL-300 form is a crucial document used in family law cases in California, specifically for requesting various court orders related to child custody, support, and other family matters. Alongside the FL-300, several other forms and documents may be required to support your request effectively. Below is a list of these commonly used forms, each accompanied by a brief description.
Understanding these additional forms can help ensure that you are well-prepared for your court proceedings. Each document plays a vital role in presenting your case effectively and securing the best possible outcome for you and your family.
The FL-320 form is closely related to the FL-300 form, as it serves as a Responsive Declaration to Request for Order. When a party receives an FL-300, they must respond to the requests made within it. This form allows the responding party to present their side of the case, including any objections or counterclaims. Just like the FL-300, the FL-320 requires specific information about the parties involved and the nature of the requests being contested. Timely submission of this form is crucial, as failure to respond may result in the court granting the requests without further input from the responding party.
The FL-305 form, known as Temporary Emergency (Ex Parte) Orders, is another document that shares similarities with the FL-300. This form is used to request immediate orders from the court without the standard notice period. It is often filed in urgent situations where waiting for a scheduled hearing could jeopardize a party's safety or rights. Like the FL-300, the FL-305 requires detailed information about the situation necessitating the emergency orders. Both forms aim to address immediate legal needs, although the FL-305 is focused on urgent circumstances.
The FL-150 form, or Income and Expense Declaration, is essential in both the FL-300 and other family law proceedings. This form provides the court with a clear picture of an individual's financial situation. When requesting orders related to child support or spousal support, the FL-150 must be filed alongside the FL-300 to support the requested amounts. Both forms aim to ensure that any financial orders are based on accurate and complete financial information, making the FL-150 a critical companion document.
The FL-319 form, or Request for Attorney's Fees and Costs Attachment, is relevant to the FL-300 when a party seeks to recover legal fees. This form details the reasons for the request and provides supporting information about the costs incurred. Similar to the FL-300, the FL-319 requires a clear presentation of facts and figures to justify the request. Both forms work together to ensure that financial obligations are handled fairly and transparently in family law cases.
Finally, the DV-130 form, or Restraining Order After Hearing, relates to the FL-300 in cases involving domestic violence. If a party seeks to modify or end existing restraining orders, they may reference the DV-130 in their FL-300 request. Both forms require detailed information about the parties involved and the nature of the orders being sought. They aim to protect individuals' rights and safety while navigating complex family law issues.
When filling out the FL-300 form, there are several important considerations to keep in mind. Below is a list of things you should do and things you should avoid:
This form can be used for various requests, including spousal support, child support, and domestic violence orders. It is not limited to child custody matters.
While having legal representation is beneficial, individuals can file the FL-300 form without an attorney. The form provides space for both parties to indicate their representation status.
Submitting the form does not ensure that the court will grant the requested orders. The court will evaluate the request based on the merits and evidence presented.
There are specific timelines for filing and serving the form. Failure to adhere to these timelines can result in the court denying the request.
Supporting documents, such as income declarations or previous court orders, are often necessary to substantiate the requests made in the FL-300 form.
While the form is standardized, local rules and procedures may vary by county. It is essential to check with the local court for specific requirements.
The FL-300 form can be used to request changes to existing orders. The court will consider the request based on the circumstances presented.
A court hearing is typically required after filing the FL-300 form. Parties must appear in court to present their cases and respond to any challenges.
This form can be utilized by domestic partners and other parties involved in family law matters, not just married individuals.
When filling out and using the FL-300 form, it is essential to understand its structure and requirements. Here are ten key takeaways: