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The FL-300 form, also known as the Request for Order, is an essential document used in family law cases in California. This form allows individuals to request specific orders from the court regarding various issues, including child custody, visitation, spousal support, and child support. It is particularly important for those who need to modify existing court orders or establish new arrangements. The FL-300 form requires the petitioner to provide detailed information about the parties involved, including their names and addresses, and to outline the specific orders being requested. A notice of hearing is included, informing the other party of the scheduled court date and the importance of responding. Additionally, the form includes sections for domestic violence restraining orders, attorney's fees, and other relevant requests. Completing the FL-300 accurately is crucial, as failure to do so may result in the court making decisions without the input of the other party. Overall, the FL-300 serves as a vital tool for individuals navigating family law proceedings, ensuring that their requests are formally presented to the court.

Fl 300 Example

 

 

 

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

 

 

STREET ADDRESS:

 

 

 

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

Other (specify):

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

Page 1 of 4

Form Adopted for Mandatory Use Judicial Council of California FL-300 [Rev. July 1, 2016]

REQUEST FOR ORDER

Family Code, §§ 2045, 2107, 6224, 6226, 6320–6326, 6380–6383; Government Code, § 26826 Cal. Rules of Court, rule 5.92 www.courts.ca.gov

FL-300

PETITIONER:

RESPONDENT: OTHER PARENT/PARTY:

CASE NUMBER:

REQUEST FOR ORDER

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):

Case No. (if known):

 

 

c.

 

 

Juvenile: County/state (specify):

Case No. (if known):

 

 

d.

 

 

Other: County/state (specify):

Case No. (if known):

 

 

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

b.

 

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)

 

 

Other (specify):

 

 

 

 

 

 

 

 

 

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.

d.

This is a change from the current order for

 

child custody

 

visitation (parenting time).

 

 

(1)

 

The order for legal or physical custody was filed on (date):

.

 

(2)

The visitation (parenting time) order was filed on (date):

. The court ordered (specify):

Attachment 2d.

FL-300 [Rev. July 1, 2016]

REQUEST FOR ORDER

 

Page 2 of 4

The court ordered child support as follows (specify):
c. I have completed and filed with this Request for Order a current Income and Expense Declaration (form FL-150) or I filed a current Financial Statement (Simplified) (form FL-155) because I meet the requirements to file form FL-155.

FL-300

PETITIONER:

RESPONDENT: OTHER PARENT/PARTY:

CASE NUMBER:

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.

b.

 

 

 

 

(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.)

a.

 

Amount requested (monthly): $

 

 

 

 

 

b.

 

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.

c.

 

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.

 

5.

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:

 

 

 

 

 

 

 

 

Pay to:

 

For:

 

Amount: $

Due date:

 

 

 

 

 

 

 

 

Pay to:

 

For:

 

Amount: $

Due date:

 

 

 

 

 

 

 

 

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.

FL-300 [Rev. July 1, 2016]

REQUEST FOR ORDER

 

Page 3 of 4

FL-300

PETITIONER:

RESPONDENT: OTHER PARENT/PARTY:

CASE NUMBER:

6.

7.

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

change

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.)

c.

I request that the court make the following changes to the restraining orders (specify):

Attachment 7c.

8.

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:

 

a.

 

To serve the Request for Order no less than (number):

court days before the hearing.

 

b.

 

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.

Date:

(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.)

FL-300 [Rev. July 1, 2016]

REQUEST FOR ORDER

Page 4 of 4

Click for Fl 300 File

File Breakdown

Fact Name Description
Purpose The FL-300 form is used in California to request court orders related to child custody, visitation, spousal support, child support, and other family law matters.
Governing Laws This form is governed by the California Family Code, specifically sections 2045, 2107, 6224, 6226, 6320–6326, and 6380–6383, as well as Government Code section 26826.
Filing Requirements Individuals must file the FL-300 form with the appropriate Superior Court of California and serve it to all parties involved at least nine court days before the scheduled hearing.
Warning Failure to file a Responsive Declaration (form FL-320) or appear at the hearing may result in the court making orders without the input of the person served.

Guide to Using Fl 300

Completing the FL-300 form is an essential step in initiating a request for an order in family law matters. After filling out this form, it will need to be submitted to the court along with any necessary attachments. The court will then review the request and set a hearing date if appropriate.

  1. Begin by entering your information in the top section. Include your name, address, and contact details. If you have an attorney, provide their name and State Bar number.
  2. Fill in the court's information, including the name of the court, street address, city, and zip code.
  3. Identify the parties involved in the case. Indicate who is the petitioner, respondent, and any other parent or party involved.
  4. Specify the type of request you are making by checking the appropriate box for child custody, spousal support, child support, or other matters.
  5. Provide the names of the individuals to whom the notice of hearing is directed.
  6. Enter the details of the court hearing, including the date, time, address, department, and room number.
  7. Include any warnings or instructions as required, particularly regarding the necessity of a responsive declaration.
  8. If applicable, fill out the section regarding restraining orders, including any existing orders and the courts that issued them.
  9. Outline your requests for child custody visitation or support, providing details about the children involved and the specific orders you are seeking.
  10. For spousal or partner support, indicate the amount requested and any previous support orders that may need modification.
  11. Detail any requests related to property control, including any changes from previous orders.
  12. Specify any attorney's fees and costs you are requesting, along with the supporting documentation you have filed.
  13. If applicable, address any requests for domestic violence orders and provide the necessary details.
  14. Conclude by listing any additional orders you are requesting and the facts supporting your requests.
  15. Sign and date the form, certifying that the information provided is accurate.

Get Answers on Fl 300

What is the FL-300 form used for?

The FL-300 form, also known as the Request for Order, is utilized in family law cases in California. It allows individuals to request specific court orders related to child custody, visitation, child support, spousal support, and other family law matters. This form is essential for anyone looking to modify existing orders or establish new ones in a family law case.

Who should fill out the FL-300 form?

The FL-300 form should be completed by individuals involved in family law proceedings, such as parents seeking changes to custody or support arrangements. It can be filled out by either party in a case, whether they are represented by an attorney or are self-represented. Clear and accurate information is crucial to ensure the court understands the requests being made.

What information is required on the FL-300 form?

When filling out the FL-300 form, you will need to provide various details, including:

  • Your name and contact information.
  • The names of other parties involved in the case.
  • The specific orders you are requesting (e.g., changes to custody or support).
  • Details about any existing orders and the reasons for your request.
  • Information regarding any domestic violence restraining orders, if applicable.

Completing all sections accurately is vital to avoid delays in your case.

How do I serve the FL-300 form?

Once you have completed the FL-300 form, it must be served to the other parties involved in the case. You can serve the form by mail or in person, depending on the situation. It’s essential to ensure that the service is completed at least nine court days before the scheduled hearing, unless the court has ordered a shorter timeframe. This allows the other party sufficient time to respond.

What happens if I do not respond to a Request for Order?

If you receive a Request for Order and fail to respond, the court may issue the requested orders without your input. It is crucial to file a Responsive Declaration to Request for Order (form FL-320) and serve it on the other parties at least nine court days before the hearing. Ignoring the request can lead to unfavorable outcomes, so it's important to take action promptly.

Can I request a hearing date when submitting the FL-300 form?

Yes, when submitting the FL-300 form, you can request a specific hearing date. You will need to indicate the desired date and time in the appropriate section of the form. However, the court will ultimately decide the date based on its calendar and availability. Be sure to check the court’s scheduling policies to avoid any conflicts.

What should I do if I need to change or end a domestic violence restraining order?

If you wish to change or end a domestic violence restraining order, you cannot use the FL-300 form for this purpose. Instead, you should refer to form DV-400-INFO, which provides guidance on how to modify or terminate a domestic violence restraining order. It’s important to follow the correct procedures to ensure your request is properly considered by the court.

Common mistakes

When completing the FL-300 form, individuals often make several common mistakes that can lead to delays or complications in their case. Being aware of these pitfalls can help ensure that the form is filled out correctly and efficiently.

One frequent error is failing to provide complete and accurate contact information. This includes the name, address, and telephone number of the petitioner and respondent. Incomplete details can hinder communication and may result in missed court dates or important notifications.

Another mistake is neglecting to specify the type of order requested. The FL-300 form covers various issues such as child custody, support, and domestic violence. It is crucial to clearly indicate the specific request being made to avoid confusion in court.

People often overlook the importance of serving the documents properly. The form requires that all parties involved be served with a copy of the Request for Order. Failure to do so can lead to the court proceeding without the knowledge of one party, which may affect the outcome.

Additionally, not attaching required documents can be a significant oversight. For instance, if you are requesting changes to child custody or support, you must include relevant supporting documents, such as the Income and Expense Declaration. Missing these attachments can weaken your case.

Some individuals may also misunderstand the deadlines for filing and serving documents. It is essential to adhere to the timelines specified in the form. Late submissions can result in the court not considering your request.

Another common issue is incomplete or unclear explanations for requests. When stating why the requested orders are in the best interest of the children or necessary for other reasons, it is important to provide thorough and clear reasoning. Vague statements can lead to misunderstandings or rejection of the request.

People sometimes forget to sign and date the form. This is a critical step that validates the request. Without a signature, the court may not accept the form, causing delays in the process.

Moreover, failing to read the instructions carefully can lead to mistakes. Each section of the FL-300 form has specific requirements and guidelines. Taking the time to review these instructions can help avoid errors.

Lastly, not seeking assistance when needed can be detrimental. If there is confusion about how to fill out the form or what information is required, it is advisable to seek help from court personnel or legal aid services. They can provide guidance and ensure that the form is completed correctly.

Documents used along the form

The FL-300 form is an essential document used in family law cases, particularly for requesting court orders related to child custody, support, and other family matters. When submitting this form, several other documents may also be required to support the request or provide additional information. Below is a list of commonly used forms and documents that accompany the FL-300.

  • FL-320: Responsive Declaration to Request for Order - This form allows the responding party to provide their input regarding the requests made in the FL-300. It must be filed and served on other parties before the hearing to ensure that all voices are heard.
  • FL-305: Temporary Emergency (Ex Parte) Orders - This document is used to request immediate orders from the court before the scheduled hearing. It addresses urgent matters such as child custody or support that cannot wait for a regular hearing.
  • FL-150: Income and Expense Declaration - This form provides the court with a detailed overview of an individual's financial situation, including income, expenses, and assets. It is often required to support requests for child or spousal support.
  • FL-157: Spousal or Partner Support Declaration Attachment - This attachment outlines the factors the court should consider when determining spousal or partner support. It provides necessary context and justification for the requested support amount.
  • DV-130: Restraining Order After Hearing - If there are existing domestic violence restraining orders, this document details the terms of those orders. It is crucial for any modifications or enforcement of protective measures related to domestic violence cases.

Understanding these accompanying forms can significantly enhance the clarity and effectiveness of the FL-300 submission. Each document serves a specific purpose, ensuring that the court has all the necessary information to make informed decisions regarding family law matters.

Similar forms

The FL-300 form, known as the Request for Order, is used in family law cases in California. It has similarities with several other legal documents that serve specific purposes in family law proceedings. Below are nine documents that share similarities with the FL-300 form:

  • FL-320: Responsive Declaration to Request for Order - This form allows the responding party to provide their side of the story regarding the requests made in the FL-300. It must be filed and served before the hearing.
  • FL-305: Temporary Emergency (Ex Parte) Orders - This document is used to request immediate orders from the court without a full hearing. It is often filed alongside the FL-300 for urgent situations.
  • FL-150: Income and Expense Declaration - This form provides the court with information about a party's financial situation, which is crucial for determining support and other financial orders.
  • FL-155: Financial Statement (Simplified) - Similar to the FL-150, this simplified version is used when a party meets specific requirements, providing a brief overview of financial circumstances.
  • FL-341: Child Custody and Visitation Orders - This form outlines specific requests regarding child custody and visitation, which can be included as attachments in the FL-300.
  • FL-319: Request for Attorney's Fees and Costs Attachment - This document supports requests for attorney fees, detailing the financial justification for such requests, similar to sections in the FL-300.
  • FL-157: Spousal or Partner Support Declaration Attachment - This form provides detailed information about spousal or partner support requests, which is often referenced in the FL-300.
  • DV-130: Restraining Order After Hearing - If there are existing restraining orders, this form may be referenced in the FL-300 to indicate the need for changes or enforcement of protective orders.
  • MC-410: Request for Accommodations by Persons With Disabilities - This document ensures that individuals with disabilities can request necessary accommodations for court appearances, paralleling the accessibility considerations in the FL-300.

Dos and Don'ts

When filling out the FL-300 form, attention to detail is crucial. Below is a list of important dos and don’ts to consider.

  • Do ensure all personal information is accurate, including names and addresses.
  • Do read the instructions carefully before starting to fill out the form.
  • Do provide all required attachments, such as the Income and Expense Declaration, when applicable.
  • Do check the deadlines for filing and serving the form to avoid delays in your case.
  • Don't leave any sections blank; if a section does not apply, indicate that it is not applicable.
  • Don't use legal jargon or overly complicated language; clarity is key.
  • Don't forget to sign and date the form before submission.
  • Don't submit the form without making copies for your records and for other parties involved.

Misconceptions

Misconceptions about the FL-300 form can lead to confusion and potentially impact legal proceedings. Here are seven common misunderstandings:

  • 1. The FL-300 form is only for child custody cases. Many believe that this form is exclusively for child custody requests. In reality, it covers various issues, including spousal support, child support, and domestic violence orders.
  • 2. Filing the FL-300 form guarantees a favorable outcome. Some individuals assume that merely submitting the form will lead to the court granting their requests. However, the court's decision depends on the merits of the case and supporting evidence.
  • 3. Only attorneys can file the FL-300 form. While having legal representation can be beneficial, individuals can file the FL-300 form on their own. It is designed for both parties with or without attorneys.
  • 4. The FL-300 form is the same as a divorce petition. Many people confuse the FL-300 with a divorce petition. The FL-300 is specifically a request for orders, while a divorce petition initiates the divorce process.
  • 5. You do not need to attend the hearing if you file the FL-300 form. Some mistakenly believe that filing the form is sufficient and that attendance is optional. In fact, failure to appear at the hearing can result in the court making decisions without input from the absent party.
  • 6. The FL-300 form can be used for all types of legal issues. This form is specific to family law matters. It cannot be used for unrelated legal issues, such as criminal cases or civil disputes.
  • 7. You can submit the FL-300 form without supporting documents. It is a common misconception that the form can stand alone. In many cases, supporting documents, such as income declarations or prior court orders, are necessary to strengthen the request.

Understanding these misconceptions can help individuals navigate the legal process more effectively and ensure that their rights are adequately represented.

Key takeaways

When filling out and using the FL-300 form, there are several important points to keep in mind:

  • The FL-300 form is used to request court orders related to child custody, visitation, spousal support, child support, and other matters.
  • It is essential to provide accurate and complete information, including names, addresses, and case numbers, to avoid delays in processing.
  • Each party involved in the case must be notified of the hearing date and location. This ensures that all parties have the opportunity to respond.
  • Failure to file a Responsive Declaration (form FL-320) may result in the court making orders without the absent party’s input.
  • Temporary emergency orders can be requested, but they must be served along with the FL-300 form to all relevant parties.
  • Supporting documents, such as the Income and Expense Declaration (form FL-150), should be attached to substantiate requests for child or spousal support.
  • It is crucial to adhere to deadlines for filing and serving documents to ensure that the court considers your requests.