Fillable INVITATION TO COMMENT (California)

Fill Online, Printable, Fillable, Blank INVITATION TO COMMENT (California) Form

Use Fill to complete blank online CALIFORNIA pdf forms for free. Once completed you can sign your fillable form or send for signing. All forms are printable and downloadable.

INVITATION TO COMMENT (California)

On average this form takes 96 minutes to complete

The INVITATION TO COMMENT (California) form is 41 pages long and contains:

  • 0 signatures
  • 10 check-boxes
  • 379 other fields

Country of origin: US
File type: PDF

BROWSE CALIFORNIA FORMS

Related forms
Fill has a huge library of thousands of forms all set up to be filled in easily and signed.
Fill in your chosen form
Sign the form using our drawing tool
Send to someone else to fill in and sign.
find another form
 
Judicial Council of California Administrative Office of the Courts
455 Golden Gate Avenue
.
San Francisco, California 94102-3688
www.courts.ca.gov/policyadmin-invitationstocomment.htm
The proposals have not been approved by the Judicial Council and are not intended to represent the
views of the council, its Rules and Projects Committee, or its Policy Coordination and Liaison Committee.
These proposals are circulated for comment purposes only.
INVITATION TO COMMENT
SPR13-22
Title
Family Law: Improvements to Request for
Order Rules and Forms
Proposed Rules, Forms, Standards, or Statutes
Amend rules 5.92, 5.94; revise forms
FL-300, FL-300-INFO, FL-305, FL-306,
FL-311, FL-312, FL-320, FL-336,
FL-337,FL-341(C), FL-341(D), and
FL-341(E)
Proposed by
Family and Juvenile Law Advisory
Committee
Hon. Kimberly J. Nystrom-Geist, Cochair
Hon. Dean T. Stout, Cochair
Elkins Family Law Implementation Task
Force
Hon. Laurie D. Zelon, Chair
Action Requested
Review and Submit Comments by June 19,
2013
Proposed Effective Date
January 1, 2014
Contact
Bonnie Hough, 415-865-7668
bonnie.hough@jud.ca.gov
Gabrielle D. Selden, 415-865-8085
gabrielle.selden@jud.ca.gov
Executive Summary and Origin
Rule 5.92 (Request for court order; response) of the California Rules of Court and new forms
Request for Order (form FL-300) and Information Sheet for Request for Order (form FL-300-
INFO), adopted July 1, 2012, implemented the recommendations in the Elkins Family Law Task
Force Final Report and Recommendations to simplify the forms for motions in family law
proceedings. New rule 5.94 (Order shortening time; other filing requirements) is among the new
amended and restructured family rules of court that became effective January 1, 2013.
Form FL-300 combined elements of motions (formerly filed using Notice of Motion (form FL-
301)) with orders to show cause (formerly filed using Order to Show Cause (form FL-300)) so
that one form is used for both purposes. Since its implementation, judicial officers, court clerks,
and attorneys have identified changes to make the form easier for litigants to understand and
complete and easier for court clerks to process. In addition to including their suggestions in this
proposal, the committee and task force propose technical changes to the few current forms that
2
continue to reference form FL-300 as an order to show cause and form FL-301. The committee
and task force also propose changes to rule 5.94 and associated form FL-306 to respond to issues
raised by family and juvenile court personnel.
The Proposal
Proposed changes to rules of court relating to form FL-300
Rule 5.92. Request for court order; response.
This proposal would amend rule 5.92(a)(6)(A) to address requests from courts and litigants to
clarify the circumstances in which service of the Request for Order (form FL-300) must be
accomplished through personal service on the other party. The rule would be reformatted and
include service on a party who had not yet made an appearance in the case.
Rule 5.94. Order shortening time; other filing requirements.
In addition, the proposal would amend the rule relating to reissuances of the request for order the
sthat became effective January 1, 2013. The substantive changes proposed to the rule address the
concerns of litigants and court personnel that the current version of the rule provides insufficient
guidance concerning the reissuance or continuance of a Request for Order.
Litigants and courts have also noted that the rule lacks specific information about the
consequences of a party’s failure to timely serve the request or to obtain a court order or
reissuance of the matter. The proposed amendments would provide that failure to timely serve
the Request for Order (FL-300) or to obtain a reissuance will result in the dissolving of all orders
included in that Request for Order on the date originally set for the hearing. The rule would also
be updated to clarify that a party may request up to three reissuances of the request for order
without charge. The title of the rule would also be amended to “Reissuance of orders; order
shortening time; other filing requirements.”
Proposed changes to FL-300
Court operations managers, supervisors, and clerks from several counties provided suggestions
for practical and clarifying changes to form FL-300. These comments informed the committee
and task force’s proposal for substantive and minor changes to the form, as noted below:
Changes to page 1 (items 1–3).
• Minor changes to the caption are proposed as follows: (1) “Temporary emergency court
orders” would appear in all capital letters; (2) the “Spousal Support” checkbox would
read “Spousal or Partner Support” to more accurately reflect that domestic partners may
use the form to request support orders; (3) The term “parenting time” would be added to
the “Visitation” check box. (4) The check boxes would be reformatted to better fit the
space.
• Substantive changes to item 2 are proposed to provide more information to the party
being served with form FL-300. Specifically, this item would be revised to state:
3
“A COURT HEARING WILL BE HELD AS FOLLOWS: If you do not file
and serve a Responsive Declaration to Request for Order (form FL-320) and
appear at the hearing on this Request for Order, the court may make orders that
affect your marriage or domestic partnership, the custody of your children,
your property or finances. If child custody or visitation is an issue in this
proceeding, Family Code section 3170 requires the party to attend mandatory
child custody services before or on the same day at the hearing (see item 5)”
In addition, in item 2, the reference to “mediation” would be replaced by the term “child
custody services.” This change is needed because the process is not referred to as
“mediation” in all courts. This change would also make the language consistent with the
language in item 5 in the Court Order section.
• The date and signature line in the middle of the page would be deleted. This information
was formerly included on a Notice of Motion (FL-301) (instead of a judicial officer’s
signature line on the former Order to Show Cause (form FL-300)). Because the signature
of the declarant is required on the last page of the form, the additional signature line on
page 1 is viewed as redundant.
• The title of form FL-305 would be changed from Temporary Emergency Court Orders to
Temporary Emergency Orders to be consistent with the check box in the caption and the
change in the name of form FL-305.
Changes to page 1 (items 4–7).
Most of the comments concerned the bottom half of the first page, the COURT ORDER section.
Court personnel expressed confusion about when this box is to be checked. Clerks noted
differences in their local practices—some clerks check this box only if mediation is ordered;
others check the box when any of the items in this section are checked. To help address this
issue, a note above the Court Order check box would be added to read: “Read Information Sheet
for Request for Order (form FL-300-INFO) for information about the following section.” This
form would be further revised to inform parties that they should check the Court Order box only
when they are asking that the court grant the orders listed in items 4–7.
There was also confusion about the check box at item 4 on current form FL-300, which states
“YOU ARE ORDERED TO APPEAR IN COURT AT THE DATE AND TIME LISTED IN
ITEM 2 TO GIVE ANY LEGAL REASON WHY THE ORDERS REQUESTED SHOULD
NOT BE GRANTED. The confusion related to when parties should be ordered to appear. Some
court clerks indicated that they leave it up to the party to determine if the other party is ordered
to appear. Other court clerks check this box if the respondent has not yet appeared in the case.
Still, in other counties, court clerks check the box if the issue is determined to be in the nature of
a “motion.”
4
To address the above issue, the committee and task force propose adding a new item 1 on the
second page of form FL-300. The new item would be a check box titled “APPEARANCE AT
HEARING.” After this heading, the language on item 4 on page 1 would appear as a request that
the court order the other party to appear at the hearing to give any legal reason why the orders
requested should not be granted. Thereafter, the form would prompt the party to specify why the
order to appear is needed. The reasons following are: (1) Applicant has requested temporary
emergency orders pending the hearing; (2) The person has not yet made an appearance in the
case; (3) Substantive matters are at issue, such as child custody, visitation, parentage, child
support, spousal or partner support, or the characterization or control of property or debts that
may require the person’s testimony; or (4) Other (specify). This added request as item 1 on page
2 of the form would allow court clerks to determine relatively quickly if the party is requesting
an order for the other party to appear and the basis for the request.
Other minor changes to this section include merging current items 5 and 6 into item 4. This
would make it clear that item 6’s order about service of the responsive declaration is related to
the fact that the court has ordered, under item 5, shortened time for service or shortened time for
the hearing. Consequently, item 7 would be renumbered to 5, which would be changed to more
accurately state “mandatory child custody services,” instead of simply “mandatory custody
services.” Finally, current item 8 would be renumbered to item 6 and would include an additional
statement about personal service.
Changes to other pages on form FL-300.
• “This Is Not a Court Order” would be added to pages 2 to 4 of FL-300. This sentence
originally appeared on the Application for Order and Supporting Declaration (form FL-
310), but was inadvertently omitted when the content of FL-310 was merged into form
FL-300.
• Because a new item 1 (Appearance at Hearing) is proposed, all subsequent items would
be renumbered accordingly, expanding the total number of items on the form to 11.
• The check boxes at items 1, 2, 3, 7, and 8 would be changed. Instead of stating, “To be
ordered pending hearing”, these check boxes would be revised to state: “Applicant
requests temporary emergency orders.” These revisions are needed to clarify that any
request for relief on pages 2 to 4 pending a hearing is distinct from the actual temporary
emergency orders granted by the court.
• Under item 7, Property Restraint, on page 3, the language in the check box under a.
would be expanded to reflect the full statutory language. A second sentence would be
added to state, “However, the parties may use community property, quasi-community
property, or separate property to pay for the help of an attorney or to pay court costs.”
5
Proposed changes to FL-300-INFO
This form serves as the instruction sheet to help parties complete form FL-300. In addition to the
changes to form FL-300-INFO noted in the previous section, Information Sheet for Request for
Order (form FL-300-INFO) would be revised to make substantive and technical changes that
reflect the proposed changes to form FL-300. These include:
• Inserting the correct page numbers in the information sheet that corresponds to form FL-
300. For example, a reference to page 4 was missing in current item 7 (proposed as item
8). So, item 8 would be revised to read “complete the sections on pages 2, 3, and 4.”
Item 9 would read: “Date and sign page 4” (instead of signing on pages 1 and 3);
• Simplifying item 6. This item currently instructs the party to, “Check the box in front of
Court Order on page 1). However, because the court may not actually grant the orders in
this section, item 6 would be changed to state, “Leave the box in front of ‘Court Order’
blank on page 1. The court will check it, if applicable.”
• Changing the subheading in the first column on page 2 to “General Information About
Personal Delivery” to distinguish it from the title of the subheading immediately
following it;
• Making revisions to the form clarify that someone who is at least 18 years old must effect
service, of form FL-300, not the party;
• Revising the name of form FL-305 to be consistent with the change in the form’s title to
Temporary Emergency Orders
• Making other formatting and technical changes needed to effect the above changes.
Proposed changes to FL-305
Temporary Emergency Court Orders (form FL-305) serves as a court order that is attached to the
Request for Order (form FL-300) when it is served on the other party. Judicial officers have
expressed concern that when the current form FL-305 is attached as the second page of form FL-
300, the actual court orders may not be easily distinguished from orders being requested by a
party. To avoid confusion, courts have suggested revising the form to be a separate, stand-alone
order that is served along with form FL-300.
To respond to these concerns, the committee and task force propose the following changes to
form FL-305:
• Creating a separate order form by inserting standard captions;
6
• Inserting a new item 1 to require information about the Request for Order, specifically,
which party filed it and the date it was filed. This item would also require information
about the hearing, including the date, time, department, and room;
• Including check boxes with each category of orders being requested (appearance at
hearing, property restraint, property control, etc.) so the court can clearly indicate
whether the temporary emergency court order requested has been granted;
• Changing the title of the form by removing the word “Court” as it is not needed to
modify the phase “temporary emergency orders”; and
• Adding a new item a so a party can include the names and ages of the children subject to
the temporary emergency orders.
Proposed changes to FL-306/JV-251
Form FL-306/JV-251, Application and Order for Reissuance of Request for Order or
Restraining Order (Juvenile), and Order to Show Cause is used by a party to renew temporary
restraining orders in family and juvenile courts if the other party could not be served before the
hearing date or if the hearing date was continued. Juvenile court judges have commented that the
form is confusing as a dual family court/juvenile court order. To eliminate confusion, the
committee is requesting that a separate form be adopted for juvenile cases that involve requests
for domestic violence restraining orders. The proposal for the new, separate juvenile form FL-
251 will be circulated as a separate invitation to comment to elicit specific comments from the
juvenile law community. The present family law proposal is to revise form FL-306 to delete
references to juvenile restraining orders and make other clarifying changes to the form’s title and
content.
Proposed changes to FL-320
Responsive Declaration to Request for Order (form FL-320) is filed by a party in response to the
requests filed on FL-300. A new item 1 would be added to the form to be consistent with the new
item 1 on form FL-300 regarding personal appearance at the hearing. At item 1, a party would
indicate whether he or she will appear at the hearing or will not appear at the hearing. In
addition, a space for “Other” would allow the responding party to provide other information to
the court on the matter of the request for a personal appearance at the hearing.
Proposed technical changes to related forms
The following forms are listed on Request for Order (form FL-300) and refer to that form. They
should be revised to reflect the new form name. Other technical changes are proposed, as needed,
so that the captions consistently refer to “Other parent/party,” instead of “Other party.”
• Child Custody and Visitation Application Attachment (form FL-311)
• Request for Child Abduction Prevention Orders (form FL-312)
• Order to Pay Waived Court Fees and Costs (Superior Court) (form FL-336)
• Application to Set Aside Order to Pay Waived Court Fees—Attachment (form FL-337)
7
• Children’s Holiday Schedule Attachment (form FL-341(C))
• Additional Provisions—Physical Custody Attachment (FL-341(D))
• Joint Legal Custody Attachment (form FL-341(E))
Alternatives Considered
The committee considered deferring the action but recommends proposing the suggested changes
to simplify the situation for litigants and court clerks who have questions regarding the rule and
forms concerning a request for order.
Implementation Requirements, Costs, and Operational Impacts
Costs to implement the revised forms will be minimal for courts that provide blank copies of
forms or forms packets to court users. Initial costs should be offset by savings achieved through
more efficient case processing once the forms are implemented and in use.
Request for Specific Comments
In addition to comments on the proposal as a whole, the advisory committee and task force are
interested in comments on the following:
• Does the proposal reasonably achieve the stated purpose?
• Would this proposal have an impact on public’s access to the courts? If a positive impact,
please describe. If a negative impact, what changes might lessen the impact?
• Regarding rule 5.92, the task force and committee seek comment about the proposed
change to the language of 5.92(a)(6)(A)(ii), and whether the use of the term “appearance”
helps clarify when personal service of the request for order is required. If it does not, how
might this part of the rule be reworded to avoid confusion?
• Do the suggested changes to forms FL-300, FL-300-INFO, FL-305, and FL-306 address
the issues raised by court personnel as described in this proposal? If not, please specify
the issues that have not been addressed and provide proposed language that will help
address that issue.
• Re: Form FL-300 and FL-305- The proposal currently suggests removing item 4 on page
1 of the form (the check box and language ordering a responding party to appear in court)
and placing the order on a separate order (form FL-305) along with other temporary
orders that would be served on the other party. Would these changes adversely impact the
courts or court users? Should current item 4 remain on form FL-300 instead of, or in
addition to appearing on form FL-305?
• Re: Form FL-320: Form FL-300 is proposed to be revised to include a new item 1 to
permit a party to affirmatively request an order that the other party appear at the court
hearing. To be consistent with the new item on form FL-300, the proposal includes a new
entry for the Responsive Declaration to Request for Order (form FL-320) to permit a
responding party to indicate if he or she will or will not appear at the hearing. The
committee and task force seek comment about whether or not this entry (proposed item 1)
should be included on the form. If so, is there other language for the form that would be
more helpful in responding to the moving party’s request for an order to appear
explaining why the respondent would prefer not to appear?
8
The advisory committee and task force also seek comments from courts on the following cost
and implementation matters:
• Would the proposal provide costs savings? If so, please quantify. If not, what changes
might be made that would provide savings, or greater savings?
• What are the implementation requirements for courts? For example, training staff (please
identify position and expected hours of training), revising processes and procedures
(please describe), changing docket codes in case management systems, or modifying case
management systems.
• Would two months from Judicial Council approval of this proposal until its effective date
provide sufficient time for implementation?
• If this proposal would be cumbersome or difficult to implement in a court of your size,
what changes would allow the proposal to be implemented more easily or simply in a
court of your size?
Attachments and Links
1. Rules 5.92 and 5.94 of the California Rules of Court, at pages 9–11
2. Forms FL-300, FL-300-INFO, FL-305, FL-306, FL-311, FL-312, FL-320, FL-336, FL-337,
FL-341(C), FL-341(D), and FL-341(E), at pages 12–33
Rules 5.92 and 5.94 of the California Rules of Court would be amended, effective
January 1, 2014, to read:
9
1
Rule 5.92. Request for court order; response 2
3
(a) Request for order; procedures 4
5
(1) – (5) *** 6
7
(6) The moving party must file the documents with the court to obtain a court date 8
and then serve a copy on the responding party. 9
10
(A) If the request for order seeks court orders pending a hearing or seeks an order 11
that the other party attend the hearing, the Request for Order (form FL-300) 12
and appropriate attachments must be served in the manner specified for the 13
service of a summons in Code of Civil Procedure section 4.13.10 et seq. 14
15
(A) The Request for Order (form FL-300) and appropriate attachments must 16
be served in the manner specified for the service of a summons in Code
17
of Civil Procedure section 413.10 et seq. if:
18
19
(i) The request for order includes temporary emergency orders 20
pending the hearing;
21
22
(ii) The request for order includes a court order for the responding 23
party to attend the hearing and the responding party has not made
24
an appearance in the action; or
25
26
(iii) The court orders such service. 27
28
(B) – (C) *** 29
30
(7) *** 31
32
Rule 5.94. Reissuance of orders; order shortening time; other filing requirements 33
34
(a) – (b) *** 35
36
(c) Failure to timely serve moving papers 37
38
If a Request for Order (FL-300) is not timely served on the opposing party, the 39
moving party
must notify the court as soon as possible before the date assigned for 40
the court hearing and request a new hearing date to allow additional time to serve
41
the
Request for Order (FL-300) and supporting documents. 42
43
10
The moving party must also request that the court reissue the Request for Order 1
(FL
-300) and any temporary orders. To do so, the moving party must complete and 2
submit to the court an
Application and Order for Reissuance of Request for Order 3
(form FL
-306). 4
5
(1) Reissuance of Request for Order and Temporary Emergency Orders 6
7
(A) If the Request for Order (FL-300) is not timely served on the othe party 8
and includes temporary emergency orders or orders to attend mandatory
9
child custody services, to appear at the hearing, or other orders specified
10
by the court, the moving party must use the Application and Order for
11
Reissuance of Request for Order and Temporary Emergency Orders
12
(form FL-306) to request that the court assign a new hearing date to
13
allow for timely service of the Request for Order (FL-300) and to reissue
14
any temporary or other orders.
15
16
(B) The Application and Order for Reissuance of Request for Order and 17
Temporary Emergency Orders (form FL-306) must be filed no later than
18
five court days before the scheduled hearing date or presented at the
19
hearing. Otherwise, the moving party may also appear in court on the
20
hearing date to request the reissuance.
21
22
(C) Failure to timely serve the Request for Order (FL-300) or to obtain a 23
reissuance will result in the dissolving of all orders included in that
24
Request for Order on the date originally set for the hearing.
25
26
(D) A filed copy of form FL-306 must be attached as the cover page of the 27
original Request for Order documents and orders and served on the party
28
to whom the orders are directed.
29
30
(E) The moving party may use the reissuance procedure in this rule if he or 31
she fails to timely serve the filed FL-306, FL-300, and supporting orders
32
and documents.
33
34
(F) No fee will be charged for three reissuances of the Request for Order 35
and Temporary Emergency Orders.
36
37
(2) Continuance of Request for Order 38
39
If the Request for Order (FL-300) does not include temporary or other orders 40
as described in (1), the moving party may request a continuance of the hearing
41
without using form FL-306.
42
43
11
(d) – (e) *** 1
. 2
3
FL-300
1. TO (name):
A COURT HEARING WILL BE HELD AS FOLLOWS: If you do not file and serve a Responsive Declaration to Request for Order
(form FL-320) and appear at the hearing, the court may make orders without your input that affect your marriage or domestic
partnership, the custody of your children, your property, or finances. If child custody or visitation is an issue in this
proceeding, Family Code section 3170 requires parties to attend mandatory child custody services before or on the
same day as the hearing (see item 5).
Time:
Room.:Dept.:
a. Date:
b. Address of court other (specify):
same as noted above
3. Attachments to be served with this Request for Order:
a. A blank Responsive Declaration to Request for Order
c.
Completed Income and Expense Declaration (form
FL-150) and a blank Income and Expense
Declaration
b.
d.
e.
Completed Financial Statement (Simplified) (form
FL-155) and a blank Financial Statement (Simplified)
COURT ORDER
5. The parties are ordered to attend mandatory child custody services as follows:
Date:
JUDICIAL OFFICER
Page 1 of 4
Form Adopted for Mandatory Use
Judicial Council of California
FL-300 [Rev. January 1, 2014]
Government Code, § 26826
REQUEST FOR ORDER
Memorandum of points and authorities
Other (specify):
www.courts.ca.gov
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
FAX NO. (Optional):
FOR COURT USE ONLY
CASE NUMBER:
To the person who received this Request for Order: If you wish to respond to this Request for Order, you must file a
Responsive Declaration to Request for Order (form FL-320) and serve a copy on the other parties at least nine court days
before the hearing date unless the court has ordered a shorter period of time. You do not have to pay a filing fee to file the
Responsive Declaration to Request for Order (form FL-320) or any other declaration including an Income and Expense
Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155).
6. a. You are ordered to comply with the orders made in Temporary Emergency Orders (form FL-305) attached.
Family Code, §§ 2045, 2107, 6224,
6226, 6320–6326, 6380–6383
OTHER PARENT/PARTY:
7. Other (specify):
4. a.
Time for hearing is shortened. Service must be on or before (date):
service
b. Any responsive declaration must be served on or before (date):
Draft -- PJ/CE
Not approved
by the Judicial
Council
12
REQUEST FOR ORDER
MODIFICATION
Visitation (Parenting time)
TEMPORARY EMERGENCY ORDERS
Child Custody
Child Support
Spousal or Partner Support
Attorney Fees and Costs
Other (specify):
2.
b. Personal service is required if the court grants temporary emergency orders in form FL-305.
Read Information Sheet for Request for Order (form FL-300-INFO) for information about the following section:
(form FL-320)
REQUEST FOR ORDER AND SUPPORTING DECLARATION
Other Parent/Party requests the following orders
Petitioner Respondent
Applicant requests temporary emergency orders
CHILD CUSTODY
2.
e. Modify existing order filed on (date): ordering (specify):
a. Child's name and age
Applicant requests temporary emergency ordersCHILD VISITATION (PARENTING TIME)
3.
a. As requested in:
Child Custody and Visitation Application Attachment (form FL-311)
FL-300
Page 2 of 4
b. Legal custody to (name of person who
c. Physical custody to (name of
makes decisions about health, education, etc.)
person with whom child will live)
d. As requested in form
Child Custody and Visitation Application Attachment (form FL-311)
Request for Child Abduction Prevention Orders (form FL-312)
(2)
Attachment 3a
(1)
Children's Holiday Schedule Attachment (form FL-341(C))
Additional Provisions—Physical Custody Attachment (form FL-341(D))
Joint Legal Custody Attachment (form FL-341(E))
Other (specify):
(3)
c. One or more domestic violence restraining/protective orders are now in effect. (Attach a copy of the orders if you
have one.) The orders are from the following court or courts (specify county and state):
Modify existing order filed on (date): ordering (specify):
b.
(1) Criminal: County/state (specify): Case No. (if known):
(3) Juvenile: County/state (specify): Case No. (if known):
(2) Family: County/state (specify): Case No. (if known):
(4) Other: County/state (specify): Case No. (if known):
PETITIONER/PLAINTIFF:
CASE NUMBER:
RESPONDENT/DEFENDANT:
Notice: The court is required to order child support based on the income of both parents. It normally continues until the
child is 18. You must supply the court with information about your finances by filing an Income and Expense Declaration
(form FL-150) or a Financial Statement (Simplified) (form FL-155). Otherwise, the child support order will be based on
information about your income that the court receives from other sources, including the other parent.
FL-300 [Rev. January 1, 2014]
REQUEST FOR ORDER
OTHER PARENT/PARTY:
Other (Attachment 2d)
—THIS IS NOT A COURT ORDER—
13
APPEARANCE AT HEARING
1.
Applicant requests that the court order the
Applicant has requested temporary emergency orders pending the hearing.
a.
The person has not yet made an appearance in the case.
b.
Substantive matters are at issue, such as child custody, visitation, parentage, child support, spousal or partner
c.
to appear at the hearing to give any legal reason why the orders requested should not be granted. The order is needed
Other (specify):
d.
support, or the characterization or control of property or debts that may require the person's testimony.
Petitioner Respondent
Other parent/party
because (specify):
Applicant requests temporary emergency orders
Page 3 of 4
FL-300 [Rev. January 1, 2014]
FL-300
3
PETITIONER/PLAINTIFF:
CASE NUMBER:
RESPONDENT/DEFENDANT:
REQUEST FOR ORDER
OTHER PARENT/PARTY:
5.
SPOUSAL OR PARTNER SUPPORT (An earnings assignment order may be issued.)
Amount requested (monthly): $
a.
Modify existing order file on (date): ordering (specify):
(2)
Both parties are restrained and enjoined from cashing, borrowing against, canceling, transferring, disposing of, or
changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability,
held for the benefit of the parties or their minor children.
b.
Neither party may incur any debts or liabilities for which the other may be held responsible, other than in the
ordinary course of business or for the necessities of life.
c.
7.
Applicant requests temporary emergency orders
PROPERTY RESTRAINT
claimant is restrained from transferring, encumbering, hypothecating,
respondent
petitioner
The
concealing, or in any way disposing of property, real or personal, whether community, quasi-community, or
separate, except in the usual course of business or for the necessities of life.
a.
NOTE: To obtain domestic violence restraining orders, you must use the forms Request for Order
(Domestic Violence Prevention) (form DV-100), Temporary Restraining Order (Domestic Violence) (form
DV-110), and Notice of Court Hearing (Domestic Violence) (form DV-109).
The Spousal or Partner Support Declaration Attachment (form FL-157) is attached (for modification of spousal or
partner support after judgment only).
b.
An Income and Expense Declaration (form FL-150) must be attached.
c.
—THIS IS NOT A COURT ORDER—
(1)
14
The applicant will be notified at least five business days before any proposed extraordinary expenditures,
and an accounting of such will be made to the court. However, the parties may use community property,
quasi-community property, or separate property to pay for the help of an attorney or to pay court costs.
4.
CHILD SUPPORT (An earnings assignment order may be issued.)
c. Monthly amount requested (if not by guideline)
$
a. Child's name and age
d.
b.
I request support based on the
child support guidelines
Modify existing order file on (date): ordering (specify):
6.
ATTORNEY FEES AND COSTS are requested on Request for Attorney's Fees and Costs Attachment (form FL-319) or a
declaration that addresses the factors covered in that form. An Income and Expense Declaration (form FL-150) must be
attached. A Supporting Declaration for Attorney's Fees and Costs Attachment (form FL-158) or a declaration that addresses
the factors covered in that form must also be attached.
Applicant requests temporary emergency orders
PROPERTY CONTROL
The petitioner respondent is given the exclusive temporary use, possession, and control of the following
a.
property that we own or are buying (specify):
8.
Terminate existing order file on (date): ordering (specify):
(3)
11. FACTS IN SUPPORT of orders requested and change of circumstances for any modification are (specify):
Contained in the attached declaration. (You may use Attached Declaration (form MC-031) for this purpose.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
Page 4 of 4
FL-300 [Rev. January 1, 2014]
(SIGNATURE OF APPLICANT)(TYPE OR PRINT NAME)
FL-300
PETITIONER/PLAINTIFF:
CASE NUMBER:
RESPONDENT/DEFENDANT:
REQUEST FOR ORDER
The attached declaration must not exceed 10 pages in length unless permission to file a longer declaration has been
obtained from the court.)
OTHER PARENT/PARTY:
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). (Civil Code, § 54.8.)
I request that time for service of the Request for Order and accompanying papers be shortened so that these documents may
days before the time set for the hearing. I need to have this
be served no less than (specify number):
order shortening time because of the facts specified in item 11 or the attached declaration.
10.
—THIS IS NOT A COURT ORDER—
OTHER RELIEF (specify):
9.
15
The petitioner respondent is ordered to make the following payments on liens and encumbrances coming
b.
due while the order is in effect:
Amount of payment
Pay toDebt
Applicant requests temporary emergency orders
PROPERTY CONTROL (continued)
8.
If you are asking the court to make temporary orders
that will go into effect before the hearing date: a
completed Temporary Emergency Orders (form
FL-305).
FL-300-INFO
Information Sheet for Request for Order
Information Sheet for Request for Order
The Request for Order (FL-300) form replaces the old
Notice of Motion and Order to Show Cause forms. Use
the Request for Order form to ask for court orders in
your family law case.
General Instructions
You must complete the top portion of page 1, including
your name and address, the court address, the name of
the parties in the case, and the case number.
Check all the boxes that apply to the orders you are
requesting. Check the Modification box if you are
requesting a change to an existing order. Check the
Temporary Emergency Order box if you are requesting
that the court issue emergency orders that will be
effective before the hearing date.
List the name of the other person in your case in item 1.
Leave item 2 blank. The court clerk will fill in the date,
time, and location of the hearing.
In item 3 indicate all of the forms that you have
completed and filed with the court. These are the forms
that you will have to provide to the other party.
Leave the box in front of “Court Order” blank on page
1. The court will check it, if applicable.
Leave items 4–7 blank on page 1. The court clerk will
fill in the information.
Complete the sections on pages 2, 3, and 4 that apply to
the orders that you are asking the court to make.
Date and sign page 4 of the form.
Complete any additional forms that you will need to file
with your Request for Order.
File your completed Request for Order and other forms
with the court clerk. A fee is due at the time of filing. If
you can't afford to pay the filing fee, you can ask the
court to waive the fee by completing and filing a
Request to Waive Court Fees (form FW-001).
For example:
If you are asking the court to make child
custody orders, check the box marked Child
Custody in the caption (the box just above item 1 on
the first page of form FL-300) and then complete
item 2 on page 2.
1.
2.
3.
If you are asking the court to make custody orders that
go into effect before the hearing date, check the box
“Applicant requests temporary emergency orders” in
item 1 on page 2 and check the box marked Temporary
Emergency Order in the box just above number 1 on
page 1.
Complete the Temporary Emergency Orders (form
FL-305) and file it with the Request for Order.
Ask the family law facilitator or the self-help center
staff to explain the procedures for requesting temporary
emergency orders at your court and follow those
procedures.
Other forms to file with this Request for Order:
Note: Do not use Request for Order (FL-300) if you are
filing a motion or order to show cause:
Form Approved for Optional Use
Judicial Council of California
FL-300-INFO [Rev. January 1, 2014]
FL-300-INFO, Page 1 of 2
•
•
•
If you are asking the court to order spousal or partner
support or attorney's fees and costs: a completed
Income and Expense Declaration (form FL-150).
•
If you are asking the court to order child support: A
completed Income and Expense Declaration (form
FL-150) or a completed Financial Statement
(Simplified) (form FL-155).
•
If you are asking the court for child custody orders:
See item 2d on page 2 of the Request for Order (form
FL-300) for the list of forms that you may have to
complete.
•
If you plan on having witnesses testify at your hearing:
a completed Witness List (form FL-321).
•
For a contempt action in a family law case (use Order
to Show Cause and Affidavit for Contempt (see form
FL-410))
•
To set aside a child support order (see form FL-360 or
FL-640) or a voluntary declaration of paternity (see
form FL-280)
•
For a domestic violence protective order under the
Domestic Violence Protection Act (see form DV-100).
Note: You can use the Request for Order (form
FL-300) in a domestic violence protective order case,
but only if you have child custody, visitation, or
support orders that you need modified.
•
Other types of cases for which there are other Judicial
Council forms just for those cases.
•
4.
5.
6.
7.
8.
9.
11.
•
If you have a question about whether this is the right
form for your situation or whether you need to complete
additional forms, ask the family law facilitator, self-help
center, or the clerk’s office at the court.
Draft - PJ/CE Not approved by the Judicial Council
10.
15
•
FL-300-INFO
Information Sheet for Request for Order
Information Sheet for Request for Order
Instructions for Giving the Other Party
Notice (Service)
If you filed the Request for Order asking for orders after
the judgment was entered in your case or after
permanent orders were made in your case, you will need
to verify the address of the person who is being served
and file proof of the verification with the court.
Service by Personal Delivery
[Rev. January 1, 2014]
FL-300-INFO, Page 2 of 2
•
•
You then file the completed Proof of Service by Mail
(form FL-335) with the clerk of the court five court
days before the hearing date.
•
For more information about giving notice, see
Information Sheet for Proof of Personal Service
(FL-330-INFO) or Information Sheet for Proof of
Service by Mail (FL-335-INFO).
If you have questions about service or need additional
assistance, contact the family law facilitator or
self-help center in your county.
After you file the Request for Order and other forms
with the court clerk, you will get them back with a court
date and time stamped on the first page of the Request
for Order. You must make sure that the other party
receives a copy of the Request for Order and all the
other forms so that he or she has notice of the date,
time, and location of the hearing and of the orders that
you are asking the court to make. This means that you
must have someone who is at least 18 years old “serve”
a copy of the Request for Order and all the other
documents on the other party. If you completed and
filed an Income and Expense Declaration (form
FL-150) or a completed Financial Statement
(Simplified) (form FL-155), you must include a blank
copy of these forms for the other party to complete and
file.
•
In general, the other party must be served with the
Request for Order and other forms at least 16 court
days prior to the hearing. If service is by mail, you
must add 5 days. The court may order that the time for
service on the other party can be shorter (See item 9 on
the Request for Order (form FL-300)).
•
Have someone else (who is at least 18 years old)
personally give a copy the Request for Order, with
the other forms and blank responsive forms, to the
other party.
•
After the person gives the forms to the other party, he
or she should complete a Proof of Personal Service
(form FL-330). Information Sheet for Proof of
Personal Service (form FL-330-INFO) has instructions
to help the person complete the form.
•
You then file the Proof of Personal Service with the
clerk of the court five court days before the hearing
date.
•
If you have asked the court for temporary emergency
orders or other orders that will go into effect before the
hearing, or you have asked the court to order the other
party to attend the hearing and the judicial officer has
signed the “Court Order” portion of the Request for
Hearing form:
After the person mails the forms, he or she should
complete a Proof of Service by Mail (form FL-335).
Information Sheet for Proof of Service by Mail (form
FL-335-INFO) has instructions to help the person
complete the form.
Service by Mail
If you have not asked the court for orders that will go
into effect before the hearing, or you have not asked the
court to order the other party to attend the hearing, and
the “Court Order” portion on page 1 of the Request for
Order has not been completed or signed by the judicial
officer:
You can ask another person (who is at least 18 years
old) to mail the Request for Order with the appropriate
attachments and blank responsive forms to the other
party.
•
General Information About Personal Delivery
16
FL-305
TEMPORARY EMERGENCY ORDERS
Page 1 of 2
Form Adopted for Mandatory Use
Judicial Council of California
FL-305 [Rev. January 1, 2014]
Government Code, § 26826
TEMPORARY EMERGENCY ORDERS
www.courts.ca.gov
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
FAX NO. (Optional):
FOR COURT USE ONLY
CASE NUMBER:
Family Code, §§ 2045, 3062–3064,
6226, 6320–6326, 6380–6383
OTHER PARENT/PARTY:
2. The court makes the following temporary emergency orders, which are effective immediately and until the date of the hearing shown
above in item 1.
DRAFT - PJ/CE
NOT APPROVED BY
THE JUDICIAL COUNCIL
Time:
Room.:Dept.:
a. Date:
1. A hearing on the Request for Order filed by (specify): on (date): will be held on:
17
b. Address of court other (specify):
same as noted above
APPEARANCE AT HEARING
3.
is ordered to appear at the hearing in this court
to give any legal reason why the relief sought in the attached Request for Order should not be granted.
The
Respondent
Other parent/party
Petitioner
Petitioner Respondent must not remove the minor child or children of the parties
c.
(1)
from the state of California.
(2)
(3)
from the following counties (specify):
other (specify):
children of the parties
MINOR CHILDREN
4.
Petitioner Respondent will have the temporary physical custody, care, and control of the minor
subject to the other party’s rights of visitation as follows:
a. Child's name and age
b.
d. (1) Jurisdiction: This court has jurisdiction to make child custody orders in this case under the Uniform Child
Custody Jurisdiction and Enforcement Act (part 3 of the California Family Code, commencing with section
(2) Notice and opportunity to be heard: The responding party was given notice and an opportunity to be heard as
provided by the laws of the State of California.
the United States of America other (specify):
(4) Penalties for violating this order: If you violate this order, you may be subject to civil or criminal
(3) Country of habitual residence: The country of habitual residence of the child or children is
3400).
penalties.
FL-305
Page 2 of 2
PETITIONER/PLAINTIFF:
CASE NUMBER:
RESPONDENT/DEFENDANT:
FL-305 [Rev January 1, 2014]
TEMPORARY EMERGENCY ORDERS
OTHER PARENT/PARTY:
18
OTHER ORDERS (specify):
7.
Additional orders are listed on Attachment 7.
CLERK’S CERTIFICATE
[SEAL]
Date:
Clerk, by
, Deputy
I certify that the foregoing is a true and correct copy of the original on file in my office.
Date:
JUDGE OF THE SUPERIOR COURT
5.
PROPERTY RESTRAINT
a.
Respondent Claimant is restrained from transferring, encumbering,Petitioner
hypothecating, concealing, or in any way disposing of any property, real or personal, whether community,
quasi-community, or separate, except in the usual course of business or for the necessities of life.
Both parties are restrained and enjoined from cashing, borrowing against, canceling, transferring, disposing
of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and
b.
disability, held for the benefit of the parties or their minor child or children.
Neither party may incur any debts or liabilities for which the other may be held responsible, other than in the
c.
ordinary course of business or for the necessities of life.
PROPERTY CONTROL
6.
a. Petitioner Respondent is given the exclusive temporary use, possession, and control of the
following property that the parties own or are buying (specify):
The other party is to be notified at least five business days before any proposed extraordinary expenditures,
and an accounting of such is to be made to the court. However, the parties may use community property,
quasi-community property, or separate property to pay for the help of an attorney or to pay court costs.
b. Respondent is ordered to make the following payments on liens and encumbrances
Petitioner
coming due while the order is in effect:
Amount of payment
Debt Pay to
—THIS IS A COURT ORDER—
Child abduction prevention orders are attached (see form FL-341(B)).
e.
MINOR CHILDREN (continued)
4.
FL-306
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/PARTY:
APPLICATION AND ORDER FOR REISSUANCE OF
1. Name of Applicant:
2. Applicant requests the court to reissue the:
a. Request for Order
Respondent/Defendant
a. Petitioner/Plaintiff Other party could not be
served as required before the hearing date.
The hearing was continued because the parties were referred to a court mediator or family court services.
b.
c.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE)
ORDER
7. IT IS ORDERED that the
Date: Time: Room:Dept.:
at the street address of the court shown above.
Date:
JUDICIAL OFFICER
Page 1 of 1
APPLICATION AND ORDER FOR REISSUANCE OF
Family Code, § 245
www.courts.ca.gov
Form Adopted for Mandatory Use
Judicial Council of California
FL-306 [Rev. January 1, 2014]
REQUEST FOR ORDER OR TEMPORARY EMERGENCY ORDERS
(Family Law—Uniform Parentage Custody and Support)
Other (specify):
3. The orders were originally issued on (date):
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.: FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
Request for Order
Temporary Emergency Orders
Request for Order
Temporary Emergency Orders
4. The last hearing date was (date):
5. Number of times the orders have been reissued:
6. Applicant requests reissuance of the orders because:
Person to be restrained
Other (specify):
and any orders listed are reissued unless this order changes them. The hearing is reset as follows:
8.
Other (specify):
9.
All orders will end on the date and time shown in the box above unless the court extends the time.
Other (specify):
b. Other (specify):
DRAFT -
NOT APPROVED BY THE
JUDICIAL COUNCIL
19
CASE NUMBER:
Temporary Emergency Orders
CASE NUMBER:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
Custody. Custody of the minor children of the parties is requested as follows:
Date of Birth
Legal Custody to
Child's Name Physical Custody to
d.
Reasonable right of visitation to the party without physical custody (not appropriate in cases involving domestic
violence)
See the attached ________-page document dated (specify date):
a.
The parties will go to mediation at (specify location):
b.
c.
CHILD CUSTODY AND VISITATION APPLICATION ATTACHMENT
Form Approved for Optional Use
Judicial Council of California
FL-311 [Rev. January 1, 2014]
Visitation.
FL-311
CHILD CUSTODY AND VISITATION APPLICATION ATTACHMENT
Petition or Response
1.
2.
Visitation for the
Other (specify days and times as well as any additional restrictions):
(1)
(4)
Weekdays starting (date):
(3)
e.
No visitation
(2)
Alternate weekends starting (date):
respondent will have the children with him or her during the period
petitioner
See Attachment 2e(4).
Other (specify):
Page 1 of 2
Family Code, § 6200 et seq.
www.courts.ca.gov
Weekends starting (date):
petitioner respondent will be as follows:
(person who makes decisions about
health, education, etc.)
(person with whom the child lives)
(The first weekend of the month is the first weekend with a Saturday.)
1st 2nd
3rd 4th
5th weekend of the month
_____________________ at ___________
a.m. p.m.
(day of week)
(time)
_____________________ at ____________
a.m. p.m.
(day of week)
(time)
to
The parents will alternate the fifth weekends, with the
petitioner respondent
_____________________ at ____________
a.m. p.m.
(day of week)
(time)
_____________________ at ____________
a.m. p.m.
(time)
(day of week)
from
to
from
The petitioner will have fifth weekends in
odd even months.
The
respondent will have the children with him or her during the period
petitioner
_____________________ at ____________
a.m. p.m.
(day of week)
(time)
_____________________ at ____________
a.m. p.m.
(time)
(day of week)
to
from
The
(b)
(a)
having the initial fifth weekend, which starts (date):
TO
DRAFT - Not approved by the Judicial Council
Request for Order
OTHER PARENT/PARTY:
CHILD CUSTODY AND VISITATION APPLICATION ATTACHMENT
Page 2 of 2
FL-311 [Rev. January 1, 2014]
4.
Transportation for visitation and place of exchange.
Other (specify):
Drop-off of the children will be at (address):
Transportation from the visits will be provided by (name):
Transportation to the visits will be provided by (name):
6.
Child abduction prevention. There is a risk that one of the parents will take the children out of California without the other
parent's permission. I request the orders set out on attached form FL-312.
7.
Children's holiday schedule. I request the holiday and visitation schedule set out on the attached
8.
Additional custody provisions. I request the additional orders regarding custody set out on the attached
9.
Joint legal custody provisions. I request joint legal custody and want the additional orders set out on the attached
3.
I request that (name): have supervised visitation with the minor children according to the
schedule set out on page 1 and that the visits be supervised by (name):
professional nonprofessional
supervisor. The supervisor's phone number is (specify):
I request that the costs of supervision be paid as follows: petitioner: percent; respondent: percent.
g.
a.
b.
c.
The children will be driven only by a licensed and insured driver. The car or truck must have legal child restraint
devices.
e.
During the exchanges, the parent driving the children will wait in the car and the other parent will wait in his or her
home while the children go between the car and the home.
f.
5.
Travel with children. The
petitioner respondent
a.
c.
the state of California.
other places (specify):
other (name):
must have written permission from the other parent or a court order to take the children out of
b.
the following counties (specify):
10.
Other.
I request the following additional orders (specify):
other (specify):
form FL-341(D)
other (specify):
form FL-341(E)
other (specify):
If item 3 is checked, you must attach a declaration that shows why unsupervised visitation would be bad for your
children. The judge is required to consider supervised visitation if one parent is alleging domestic violence and is
protected by a restraining order.
Pick-up of the children will be at (address):
d.
who is a
form FL-341(C)
Supervised visitation.
CASE NUMBER:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/PARTY:
FL-311
FL-312
PETITIONER / PLAINTIFF:
CASE NUMBER:
RESPONDENT / DEFENDANT:
REQUEST FOR CHILD ABDUCTION PREVENTION ORDERS
Petition
Responsive Declaration
Attachment to Response Request for Order
Other (specify):
1. Your name:
2. Do you think the other parent might take the children without your permission to
a. No If “Yes,” what county? (specify):
Yes
another county in California?
b.
Yes
another state?
Yes
a foreign country?
c.
NoIf “Yes,” is the other parent a citizen of that country?
Yes
NoIf “Yes,” does the other parent have family or emotional ties to that country?
Yes
Explain:
3. Why do you think the other parent might take the children without your permission?
The other parent (check all that apply):
a.
has violated—or threatened to violate—a custody or visitation order in the past.
Explain:
b.
does not have strong ties to California.
Explain any work, financial, social, or family situation that makes it easy for the other parent to leave California.
has recently done things that make it easy for him or her to take the children away without permission. He or she
has (check all that apply)
c.
sold his or her home.
quit his or her job.
ended a lease.
closed a bank account.
sold or gotten rid of assets. hidden or destroyed documents.
applied for a passport, birth certificate, or school or medical records.
d.
has a history of (check all that apply)
domestic violence.
child abuse.
not cooperating with me in parenting.
e.
has a criminal record. Explain:
Page 1 of 2
Family Code, § 3048Form Adopted for Mandatory Use
Judicial Council of California
FL-312 [Rev. January 1, 2014]
REQUEST FOR CHILD ABDUCTION PREVENTION ORDERS
www.courts.ca.gov
Other (specify):
taking the children without my permission.
Explain:
No If “Yes,” what state? (specify):
No If “Yes,” what country? (specify):
OTHER PARENT/PARTY:
DRAFT - Not approved by the Judicial Council
PETITIONER/ PLAINTIFF:
CASE NUMBER:
RESPONDENT/ DEFENDANT:
I REQUEST THE FOLLOWING ORDERS:
4.
Supervised Visitation
I ask the court to order supervised visitation.
Terms of visitation are attached (check one):
as follows:form FL-341(A)
Post a Bond
5.
. If the other parent takes the children without
I ask the court to order the other parent to post a bond for $
my permission, I can use this money to bring the children back.
Do Not Move Without My Permission or Court Order
I ask the court to order the other parent NOT to move with the children, without my written permission or a court order.
6.
No Travel Without My Permission or Court Order
I ask the court to order the other parent NOT to travel with the children outside (check all that apply)
7.
the United Statesthis county
other (specify):
California
without my written permission or a court order.
8.
Notify Other State of Travel Restrictions
I ask the court to order the other parent to register this order in the state of:
before the
children can travel to that state for visits.
9.
Turn In and Do Not Apply for Passports or Other Vital Documents
I ask the court to order the other parent to turn in and NOT apply for passports or other documents (such as visas or birth
certificates) that can be used for travel.
10.
Provide Itinerary and Other Travel Documents
If the other parent is allowed to travel with the children, I ask the court to order the other parent to give me before leaving
the children’s travel itinerary.
copies of round-trip airline tickets.
addresses and telephone numbers where the children can be reached.
11.
Notify Foreign Embassy or Consulate of Passport Restrictions
I ask the court to order the other parent to notify the embassy or consulate of:
of this
order and to provide the court with proof of that notification within: calendar days.
12.
Foreign Custody and Visitation Order
I ask the court to order the other parent to get a custody and visitation order in a foreign country equal to the most recent
U.S. order before the children can travel to that country for visits. I understand that foreign orders may be changed or
enforced depending on the laws of that country.
13.
Other (specify):
I declare under penalty of perjury under the laws of the State of California that the information on this form is true and correct.
Date:
SIGN HERE
Page 2 of 2FL-312 [Rev. January 1, 2014]
REQUEST FOR CHILD ABDUCTION PREVENTION ORDERS
an open airline ticket for me in case the children are not returned.
other (specify):
OTHER PARENT/PARTY:
FL-312
FL-320
FOR COURT USE ONLY
RESPONSIVE DECLARATION TO REQUEST FOR ORDER
CASE NUMBER:
HEARING DATE: TIME: DEPARTMENT OR ROOM:
2. CHILD CUSTODY
I do not consent to the order requested, but I consent to the following order:
a.
b.
3. CHILD VISITATION (PARENTING TIME)
a.
b.
CHILD SUPPORT
4.
I consent to the order requested.
a.
I consent to guideline support.
b.
I do not consent to the order requested, but I consent to the following order:
(1)
Guideline
(2)
Other (specify):
Page 1 of 2
Form Adopted for Mandatory Use
Judicial Council of California
FL-320 [Rev. January 1, 2014]
RESPONSIVE DECLARATION TO REQUEST FOR ORDER
I consent to the order requested.
I do not consent to the order requested, but I consent to the following order:
I consent to the order requested.
c.
www.courts.ca.gov
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/PARTY:
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.: FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
Draft - PJ/CE Not approved by the Judicial Council
1.
PERSONAL APPEARANCE AT HEARING
a.
I will appear at the hearing.
b.
I will not appear at the hearing for the following reason(s) (specify):
24
PETITIONER/PLAINTIFF:
CASE NUMBER:
RESPONDENT/DEFENDANT:
PROPERTY RESTRAINT
7.
a.
8.
PROPERTY CONTROL
a.
9.
OTHER RELIEF
a.
SUPPORTING INFORMATION
10.
Contained in the attached declaration. (You may use Attached Declaration (form MC-031) for this purpose).
NOTE: To respond to domestic violence restraining orders requested in the Request for Order (Domestic Violence Prevention)
(form DV-100), you must use the Answer to Temporary Restraining Order (Domestic Violence Prevention) (form DV-120).
I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
FL-320 [Rev. January 1, 2014]
Page 2 of 2
RESPONSIVE DECLARATION TO REQUEST FOR ORDER
I consent to the order requested.
I consent to the order requested.
I consent to the order requested.
4
4
OTHER PARENT/PARTY:
FL-320
6.
ATTORNEY'S FEES AND COSTS
a. I consent to the order requested.
b. I do not consent to the order requested.
c.
I consent to the following order:
b. I do not consent to the order requested.
c.
I consent to the following order:
b. I do not consent to the order requested.
c.
I consent to the following order:
b. I do not consent to the order requested.
c.
I consent to the following order:
5. SPOUSAL OR PARTNER SUPPORT
a.
I consent to the order requested.
b. I do not consent to the order requested.
c.
I consent to the following order:
25
FL-336
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and address): FOR COURT USE ONLY
FAX NO. (optional):TELEPHONE NO.:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/PARTY:
CASE NUMBER:
ORDER TO PAY WAIVED COURT FEES AND COSTS
(Superior Court)
1. This proceeding was heard as follows: Default or uncontested By declaration under Family Code section 2336
Room:at (time): in Dept.:
on (date):
Temporary Judge
by Judge (name):
Attorney present (name):
Petitioner/plaintiff present
Respondent/defendant present
Attorney present (name):
Attorney present (name):
Other present
by (name):
On the Request for Order filed (date):
THE COURT FINDS
Page 1 of 2
ORDER TO PAY WAIVED COURT FEES AND COSTS
(Superior Court)
Form Adopted for Mandatory Use
Judicial Council of California
FL-336 [Rev. January 1, 2014]
www.courts.ca.gov
STREET ADDRESS:
2.
a.
The court made an order waiving court fees and costs for in this matter on
c.
After considering information in the court file and other evidence, has the ability to pay all or
part of the waived court fees and costs.
petitioner
respondent
petitioner
respondent
b.
The court made an order for support payable by to
petitioner
respondent
petitioner
respondent
(4) Other (specify):
Government Code, § 68637
Payment be sent to (specify):
c.
Contested
a.
d.
b.
c.
e.
(date):
on (date):
Payment be made:
3. THE COURT ORDERS
a.
Petitioner must pay his or her own the other party's previously waived court fees
Respondent
b.
(1) $ per month until paid in full, beginning (date):
in the total amount of (specify):
(2) Within 10 days from the date of service of this Order to Pay Waived Court Fees and Costs
(see attached Proof of Service).
(3) After all current support and accrued support arrears have been paid (if ordered to pay the other party's waived court fees).
(Gov. Code, § 68637(d).)
26
Other (specify):
f.
FL-336
PETITIONER:
CASE NUMBER:
RESPONDENT:
Page 2 of 2
FL-336 [Rev. January 1, 2014]
To request a hearing, complete and file with the court clerk:
(1) (form FL-300) and
(2) Application to Set Aside Order to Pay Waived Court Fees—Attachment (form FL-337)
The forms specified in item a must be completed and filed with the court clerk within 30 days from the date of service of
this Order to Pay Waived Court Fees and Costs (see attached Proof of Service).
In addition, the party requesting the hearing must serve the other party with:
(1) Copies of the documents in item a filed with the court; and
(2) A blank Responsive Declaration to Request for Order (form FL-320).
You can obtain these forms from the clerk of the court, your county law library, or online at
If a request for hearing is filed with the court clerk within the time specified in item b, the order to pay waived court fees
and costs will not be enforced until after the hearing.
WARNING: The court has ordered you to pay court fees and costs. If you do not pay
the court fees and costs, the court can institute collection proceedings and charge
you interest and a collection fee.
a.
hearing when the court ordered payment of waived court fees and costs.
b.
Date:
Petitioner Respondent Initial fee waiver recipient, ordered to pay waived court fees and costs.
5.
NOTICE TO:
The party ordered to pay fees and costs who did not receive the initial fee waiver AND was not present at the trial or
YOU HAVE AN OPPORTUNITY FOR A HEARING TO REQUEST THAT
THE COURT SET ASIDE THE ORDER TO PAY WAIVED COURT FEES AND COSTS
c.
ORDER TO PAY WAIVED COURT FEES AND COSTS
(Superior Court)
d.
Petitioner Respondent Support obligor ordered to pay the initial fee waiver recipient's waived.
court fees and costs
Request for Order
www.courts.ca.gov.
JUDICIAL OFFICER
27
OTHER PARENT/PARTY:
Other (specify):
I request that the court set aside the Order to Pay Waived Court Fees and Costs
FL-337
PETITIONER:
CASE NUMBER:
RESPONDENT:
APPLICATION TO SET ASIDE ORDER TO PAY WAIVED COURT FEES—ATTACHMENT
I am the petitioner respondent.
Page 1 of 1
Government Code, § 68637
APPLICATION TO SET ASIDE ORDER TO PAY WAIVED COURT
FEES—ATTACHMENT
(Family Law)
www.courts.ca.gov
Form Adopted for Mandatory Use
Judicial Council of California
FL-337 [Rev. January 1, 2014]
Attachment to Request for Order (form FL-300)
1.
In making this request, I ask the court to consider the information in the court's case file, the information attached to
this application, the information specified in the supporting declaration, and the evidence presented at the hearing.
2.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
NOTICE
To request a hearing, the party must complete and file with the court clerk the following: (1) Request for Order
(form FL-300) and (2) Application to Set Aside Order to Pay Waived Court Fees—Attachment (Family Law) (Form FL-337). These
forms must be completed and filed with the court clerk within 30 days from the date of personal service of the Order to Pay
Waived Court Fees OR within 35 days from the date the Order to Pay Waived Court Fees was served by mail.
In addition, the party requesting the hearing must serve the other party with (1) copies of the above-listed documents filed with the
court and (2) A blank Responsive Declaration to Request for Order (form FL-320). You may obtain Judicial Council forms from the
clerk of the court, your county law library, or www.courts.ca.gov/forms.
If the request for hearing is filed with the court clerk within this time, the Order to Pay Waived Court Fees and Costs will not be
enforced until after the hearing.
The reasons in support of this request are (specify):
Supporting declarations attached. You may use Attached Declaration (form MC-031).
3.
28
OTHER PARENT/PARTY:
that includes dates of leaving and returning, destinations, flight information, and telephone numbers for emergency purposes.
The other parent has (specify number): days to respond if there is a problem with the schedule.
may take a vacation of up to (specify number): days
CASE NUMBER:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
CHILDREN'S HOLIDAY SCHEDULE ATTACHMENT
Family Code, §§ 3003, 3083
www.courts.ca.gov
Form Approved for Optional Use
Judicial Council of California
FL-341(C) [Rev. January 1, 2014]
FL-341(C)
Page 1 of 1
CHILDREN'S HOLIDAY SCHEDULE ATTACHMENT
1. Holiday parenting. The following table shows the holiday parenting schedules. Write "Pet" or "Resp" to specify each parent's
years—odd, even, or both ("every year")—and under "Time" specify the starting and ending days and times.
Holiday
Time (from when to when)
(Unless otherwise noted, all single-
day holidays start at a.m.
and end at p.m.)
Even Years Odd Years
Any three-day weekend not specified above will be spent with the parent who would normally have that weekend.
Every Year
Petitioner/
Respondent
Other (specify):
Other (specify):
January 1 (New Year's Day)
Martin Luther King's Birthday (weekend)
Lincoln's Birthday
President's Day (weekend)
Spring Break, first half
Spring Break, second half
Mother's Day
Memorial Day (weekend)
Father's Day
July 4th
Labor Day (weekend)
Columbus Day (weekend)
Halloween
Veteran's Day (weekend)
Thanksgiving Day
Thanksgiving weekend
Winter Break, first half
Winter Break, second half
New Year's Eve
Child's birthday
Mother's birthday
Father's birthday
Breaks for year-round schools
Summer Break, first half
Other (specify):
2. Vacations.
This vacation may be outside California.
Summer Break, second half
Petitioner/
Respondent
Petitioner/
Respondent
petitioner respondent
Any vacation outside
a court order.
California the United States requires prior written consent of the other parent or
The
weeks with the children the following number of times per year (specify): . They must notify the other parent in writing
of their vacation plans a minimum of (specify number): days in advance and provide the other parent with a basic itinerary
a.
b.
c.
OTHER PARENT/PARTY:
Petition
Findings and Order After Hearing or Judgment
Stipulation and Order for Custody and/or Visitation of Children
Request for Order
Responsive Declaration to Request for Order
DRAFT - Not approved by the Judicial Council
ResponseTO
The custodial parent must give the noncustodial parent as much notice as possible if the children are ill and unable to
participate in scheduled time with the other parent.
The children may have telephone access to the parents and the parents may have telephone access to the
children at reasonable times, for reasonable durations.
telephone/message number at
CASE NUMBER:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
ADDITIONAL PROVISIONS—PHYSICAL CUSTODY ATTACHMENT
Family Code, §§ 3003, 3024, 3083
www.courts.ca.gov
Form Approved for Optional Use
Judicial Council of California
FL-341(D) [Rev. January 1, 2014]
FL-341(D)
Page 1 of 2
ADDITIONAL PROVISIONS—PHYSICAL CUSTODY ATTACHMENT
Notification of parent's current address. Each parent must notify the other parent of his or her current address
and telephone number within (specify number): days of any change in his or her
Notification of proposed move of child. Each parent must notify the other parent (specify number): days prior
to any planned change in residence of the children. The notification must state, to the extent known, the planned address
of the children, including the county and state of the new residence. The notification must be sent by certified mail, return
receipt requested.
Child care
The children must not be left alone without age-appropriate supervision.
Right of first option of child care. In the event either parent requires child care for (specify number): hours or more
while the children are in his or her custody, the other parent must be given first opportunity, with as much prior notice as
possible, to care for the children before other arrangements are made. Unless specifically agreed or ordered by the court,
this order does not include regular child care needed when a parent is working.
Canceled parenting time
If the noncustodial parent fails to arrive at the appointed time and fails to notify the custodial parent that he or she
will be late, then the custodial parent need wait for only (specify number): minutes before considering the
visitation canceled.
1.
2.
3.
4.
5.
a.
b.
c.
Phone contact between parents and children
6.
a.
b.
No negative comments. Neither parent will make or allow others to make negative comments about the other parent or
the other parent's past or present relationships, family, or friends within hearing distance of the children.
No use of children as messengers. The parents will communicate directly with each other on matters concerning the
children and may not use the children as messengers between them.
7.
8.
No exposure to cigarette smoke. The children will not be exposed to secondhand cigarette smoke while in the home or car
of either parent.
10.
Alcohol or substance abuse. The petitioner
9.
a. address for residence mailing work.
b.
A doctor's excuse is required.
The scheduled phone contact between parents and the children is (specify):
c.
Neither parent nor any other third party may listen to or monitor the calls.
respondent
Neither parent may use such information for the purpose of harassing, annoying, or disturbing the peace of the other or
invading the other's privacy. If a parent has an address with the State of California's Safe at Home confidential address
program, no residence or work address is needed.
In the event a noncustodial parent is unable to exercise visitation on a given occasion, he or she must notify the
custodial parent at the earliest possible opportunity.
a.
b.
The parents must let each other know the name, address, and phone number of the children's regular child-care
providers.
narcotics, or restricted dangerous drugs (except by prescription) within (specify number): hours prior to or during
home work the children's schools.
and may not permit any third party to do so in the presence of the children.
may not consume alcoholic beverages,
periods of time with the children
OTHER PARENT/PARTY:
DRAFT - Not approved by the Judicial Council
Petition
Findings and Order After Hearing or Judgment
Stipulation and Order for Custody and/or Visitation of Children
Request for Order
Responsive Declaration to Request for Order
Response
TO
ADDITIONAL PROVISIONS—PHYSICAL CUSTODY ATTACHMENT
FL-341(D) [Rev. January 1, 2014]
Page 2 of 2
Terms and conditions of order may be changed. The terms and conditions of this order may be added to or changed as
the needs of the children and parents change. Such changes will be in writing, dated and signed by both parents; each
parent will retain a copy. If the parents want a change to be a court order, it must be filed with the court in the form of a court
document.
Other (specify):
11.
15.
16.
Third-party contact
12.
The children will have no contact with (specify name):
The children must not be left alone in the presence of (specify name):
a.
b.
13.
Each parent will maintain clothing for the children so that the children do not have to make the exchanges with
additional clothing.
The children will be returned to the other parent with the clothing and other belongings they had when they arrived.
a.
b.
Children's clothing and belongings
14.
No interference with schedule of other parent without that parent's consent. Neither parent will schedule activities for the
children during the other parent's scheduled parenting time without the other parent's prior agreement.
Log book. The parents will maintain a "log book" and make sure that the book is sent with the children between their two
homes. Using businesslike notes (no personal comments), parents will record information related to the health, education,
and welfare issues that arise during the time the children are with them.
CASE NUMBER:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/PARTY:
FL-341(D)
JOINT LEGAL CUSTODY ATTACHMENT
Family Code, § 3003, 3083
www.courts.ca.gov
Form Approved for Optional Use
Judicial Council of California
FL-341(E) [Rev. January 1, 2014]
FL-341(E)
Page 1 of 1
JOINT LEGAL CUSTODY ATTACHMENT
In exercising joint legal custody, the parents will share in the responsibility and confer in good faith on matters concerning the health,
education, and welfare of the children. The parents must confer in making decisions on the following matters:
Enrollment in or leaving a particular private or public school or daycare center
Participation in particular religious activities or institutions
Beginning or ending of psychiatric, psychological, or other mental health counseling or therapy
Selection of a doctor, dentist, or other health professional (except in emergency situations)
Participation in extracurricular activities
Out-of-country or out-of-state travel
Other (specify):
If a parent does not obtain the required consent of the other parent to the decisions checked in item 2:
In all other matters in exercising joint legal custody, the parents may act alone, as long as the action does not conflict with any
orders concerning the physical custody of the children.
School notification. Each parent will be designated as a person the children's school will contact in the event of an
emergency.
Health-care notification
5.
a.
b.
c.
d.
e.
f.
g.
6.
The parents will have joint legal custody of the minor children.
Special decision-making designation
4.
petitioner respondent will be responsible for making decisions regarding the following
Each parent must notify the other of the name and address of each health practitioner who examines or treats
the children; such notification must be made within (specify number): days of the commencement of the
first such treatment or examination.
a.
Each parent is authorized to take any and all actions necessary to protect the health and welfare of the children,
including but not limited to consent to emergency surgical procedures or treatment. The parent authorizing such
emergency treatment must notify the other parent as soon as possible of the emergency situation and of all
procedures or treatment administered to the children.
b.
Other (specify): 8.
a.
Each parent will have access to the children's school, medical, and dental records and the right to consult with
professionals who are providing services to the children.
b.
Both parents are required to administer any prescribed medications for the children.
c.
Name. Neither parent will change the last name of the children or have a different name used on the children's medical,
school, or other records without the written consent of the other parent.
7.
1.
2.
3.
He or she may be subject to civil or criminal penalties.
The court may change the legal and physical custody of the minor children.
Other consequences (specify):
a.
b.
c.
The
issues (specify):
CASE NUMBER:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/PARTY:
DRAFT - Not approved by the Judicial Council
Petition
Findings and Order After Hearing or Judgment
Stipulation and Order for Custody and/or Visitation of Children
Request for Order
Responsive Declaration to Request for Order
ResponseTO
Download
Save PDF to desktop
Email
Email completed PDF
Send for Signing
Email for others to sign
Print
Print document
Choose a Field
Click on a field and
select the person that should complete it
Want to add a signature?
You can add a signature field
and assign it to someone else
to sign
Choose a Field
Click on a field and
select the person that should complete it

INVITATION TO COMMENT (California)

This document is locked as it has been sent for signing.

You have successfully completed this document.

Other parties need to complete fields in the document. You will recieve an email notification when the document has been completed by all parties.

This document has been signed by all parties.

Completed 29 October 2021

Message

View Audit Log
Print With Audit Log
Duplicate Document