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The FL-300 form, known officially as the "Request for Order," serves as a critical document in California family law proceedings. It enables individuals involved in family disputes—such as child custody, visitation, spousal support, and child support—to formally request changes from the court. This form includes essential details like the names of the petitioner, respondent, and any other involved parties. It also provides a clear outline of the specific orders being sought, including modifications to current arrangements or requests for temporary emergency orders. A significant feature is the notice of hearing section, which informs all parties of the court date and the importance of responding timely to avoid unfavorable decisions. The FL-300 encompasses issues of domestic violence, allowing parties to signal existing protective orders and seek modifications. Furthermore, it requires individuals to disclose financial information through supporting declarations, which aid the court in understanding the context surrounding requests for support and costs. The comprehensive nature of the FL-300 ensures that all parties have a clear platform for voicing their needs and that the court has the necessary information to make informed decisions.

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

Form Characteristics

Fact Name Details
Purpose The FL-300 form is used in California to request court orders related to various family law issues, including child custody, support, and domestic violence.
Authority This form is governed by the Family Code sections 2045, 2107, 6224, 6226, 6320–6326, and 6380–6383, as well as Government Code section 26826.
Hearing Requirement A court hearing is required after submitting the FL-300 form, and parties must receive proper notice of the hearing date.
Service Deadline Service of the Request for Order must occur no less than nine court days before the scheduled hearing, unless the court specifies a shorter period.

Guidelines on Utilizing Fl 300

Filling out the FL-300 form is a crucial step in the legal process. This form is used to request various types of orders from the court regarding child custody, support, or other legal matters. Completing the form accurately is essential for the court to consider your requests effectively.

  1. Identify the parties involved: Fill in your name, address, and phone number at the top of the form. Indicate if you are the petitioner, respondent, or another party.
  2. Enter the court information: Write the name of the court, county, and the case number where indicated.
  3. Detail the specific request for orders: Check the relevant boxes for child custody, spousal support, child support, or any other requests.
  4. Provide notice of hearing: Include the names of the individuals being notified, hearing date, time, and location. Make sure to note the department and room number.
  5. Include restraining order information: If applicable, specify if any restraining orders are in place and provide details about them, including case numbers.
  6. List the children involved: For each child involved in the request, provide their names and birth dates, and detail your custody or visitation requests.
  7. Include financial information: If child or spousal support is being requested, specify the amounts and reasons for the requests. Attach necessary financial documents such as the Income and Expense Declaration.
  8. Document any property control requests: If applicable, outline requests regarding property or financial obligations.
  9. Sign and date the form: Finally, sign and date the form, confirming the truthfulness of the information provided.

After completing the FL-300 form, ensure that it is filed with the appropriate court. Copies should be served to all involved parties in accordance with court rules. The court will then schedule a hearing to address the requests outlined in the form.

What You Should Know About This Form

What is the FL-300 form used for?

The FL-300 form is a "Request for Order" that individuals in California can use to ask the court for specific orders related to family law matters. These include issues like child custody, visitation, child support, spousal support, and property control. This form is particularly important for parties seeking to modify existing orders or establish new ones in family court.

Who needs to fill out the FL-300 form?

The form must be filled out by individuals who are involved in family law cases and wish to request changes or establish new orders. This could include a petitioner or respondent in a divorce or custody case, or any party with standing regarding the matters at hand.

How do I complete the FL-300 form?

To complete the FL-300 form, individuals should provide their name, contact information, and details about the order they are requesting. Sections of the form must be completed based on the specific orders being requested, including child custody, visitation, or spousal support. It’s important to include relevant dates and attach any necessary documents to support the request.

What happens after I submit the FL-300 form?

After submitting the FL-300 form, a court hearing will be scheduled. The parties involved will receive a notice about the date, time, and location of the hearing. It's crucial for all parties to attend, as the court may make decisions in their absence if they do not respond adequately.

How should I serve the FL-300 form?

The completed FL-300 form must be served to all other parties involved in the case. Service should be completed at least nine court days before the scheduled hearing. This means delivering a copy of the form and any attachments to the other parties, either in person or via mail, ensuring they receive notice of the request.

What if I need to change the hearing date?

If you need to change your hearing date, you must request a continuance from the court. This typically involves filling out a separate request and demonstrating good cause for the change. Be prepared to propose a new date that is acceptable to all parties involved.

Can I request attorney's fees using the FL-300 form?

Yes, you can request attorney’s fees and costs as part of your FL-300 submission. To do so, you must specify the amount you are requesting and include supporting documentation, such as an Income and Expense Declaration and any relevant attachments indicating the need for fees.

What is the significance of the "Facts to Support Orders" section?

This section allows you to explain the reasons for your request in detail. You need to list facts that support the orders you are asking for from the court. Keep this information focused and concise, adhering to the 10-page limit unless you have permission from the court for more.

Is there assistance available for completing the FL-300 form?

Yes, individuals can seek help from legal aid organizations, some courthouses with self-help centers, or consult with legal professionals to ensure the FL-300 form is completed correctly. Resources are also available online to guide individuals through the process of filling out this form and understanding family law procedures.

Common mistakes

Filling out the FL-300 form can be daunting for many individuals navigating family law requests. One common mistake is not providing complete information. This can lead to delays, as the court may need to request additional details that should have been included initially. Each section should be filled out clearly with accurate information, including names, addresses, and the specifics of your request.

Many people also forget to attach necessary documents. Attachments are crucial, especially when supporting your claims or requests. Without them, your application might be rejected or postponed. Forms like FL-150 or FL-157 are often needed but overlooked. Always check the list of required attachments before submission.

Another frequent error is missing deadlines. Individuals often misunderstand the timeline for filing and serving the Request for Order. Courts are strict about these timelines. If you fail to meet the deadlines, it could jeopardize your case, so pay careful attention to the timing when filling out the form.

People sometimes misinterpret the financial disclosures. When requesting changes to support or custody, accuracy is essential. Inaccurate income amounts or failure to provide necessary financial documents can result in unfavorable court decisions or additional scrutiny.

Forgetting to notify all parties involved is a vital mistake. When serving the documents, all relevant parties need to be informed. If a party doesn’t receive the paperwork, they might file a responsive declaration late, which could affect the hearing outcomes.

Many applicants neglect to read the instructions provided with the form thoroughly. Instructions often clarify critical aspects of what is expected in each section. Ignoring these guidelines can lead to incomplete or incorrectly filled forms, which could hinder your case.

Staying organized is crucial. Individuals may submit forms without maintaining clear records of what has been filed. This disorganization can complicate things if you need to reference past submissions or track your case’s progress. Keeping copies and detailed notes is always a smart practice.

Another issue is assuming that the court will grant all requested changes without adequate justification. It is necessary to provide logical and factual support for any orders you are requesting. The judge will evaluate the justification you laid out, so be clear and persuasive in your reasoning.

Finally, individuals often overlook the importance of the signature section. Not signing the form or failing to date it properly can render the entire document void. This simple step may be easy to miss, but it’s a critical part of ensuring the submission is valid.

Documents used along the form

When individuals engage in family law proceedings in California, they often encounter a variety of forms and documents that complement the FL-300 form, which is a request for court orders related to child custody, support, and more. Understanding these forms is crucial, as they help structure the communication and requests made to the court. Below are some commonly used documents that accompany the FL-300 form.

  • FL-320: Responsive Declaration to Request for Order - This form allows the other party to respond to the requests made in the FL-300. It is essential for ensuring that both parties have the opportunity to present their perspectives on the issues before the court.
  • FL-150: Income and Expense Declaration - Filers must complete this declaration to provide the court with information about their financial situation. It helps in assessing requests for support and fees, making it a vital document in support-related cases.
  • FL-155: Financial Statement (Simplified) - Similar to the FL-150, this document allows individuals with simpler financial situations to provide necessary information. It streamlines the process for those who may not have complicated finances.
  • FL-305: Temporary Emergency (Ex Parte) Orders - This form is used when immediate orders are required before a hearing can take place. It is crucial for situations that require urgent intervention from the court.
  • FL-319: Request for Attorney's Fees and Costs Attachment - This document supports a request for attorney’s fees, providing detailed information about associated costs. Properly filing this can help ensure that the necessary expenses are covered in a legal proceeding.
  • FL-157: Spousal or Partner Support Declaration Attachment - This form is used to provide additional details or arguments when requesting spousal or partner support. It encompasses necessary information that the court assesses when deciding support matters.

Familiarity with these forms, in conjunction with the FL-300, plays a pivotal role in effectively navigating family law issues. Proper form completion and timely filing can profoundly impact the outcome of the proceedings.

Similar forms

  • FL-320: Responsive Declaration to Request for Order
  • This form serves as the official response to the FL-300. It allows the other party to contest or agree to the requests made in the FL-300.

  • FL-150: Income and Expense Declaration
  • Similar to the financial disclosures required with the FL-300, this document provides detailed information about one’s finances to support requests for child or spousal support.

  • FL-155: Financial Statement (Simplified)
  • This document is used instead of the FL-150 when the individual's financial situation is less complex. It also supports requests for support adjustments made in the FL-300.

  • FL-305: Temporary Emergency (Ex Parte) Orders
  • The FL-305 is relevant when immediate, temporary relief is sought. It must be served with the FL-300 if emergency measures are in effect.

  • DV-130: Restraining Order After Hearing
  • When an individual wishes to modify or terminate existing restraining orders, this form is utilized. It is mentioned in the FL-300 as it relates to any ongoing domestic violence matters.

  • FL-341(C): Child Custody and Visitation Order Attachment
  • This attachment is specifically used to provide detailed proposals for child custody arrangements, which may accompany the FL-300 if custody modifications are requested.

  • FL-341(D) and FL-341(E): Child Custody Visitation Order Attachments
  • These attachments detail the visitation schedules for children, related to requests made in the FL-300 form regarding parenting time changes.

  • FL-158: Supporting Declaration for Attorney's Fees and Costs Attachment
  • This form supports requests for attorney's fees made in the FL-300 and requires specific documentation related to the fees incurred.

  • FL-319: Request for Attorney's Fees and Costs Attachment
  • Similar to FL-158, this attachment also documents the need for and justification of attorney's fees as part of the overall request in the FL-300.

Dos and Don'ts

When filling out the FL-300 form, it's important to consider both what to do and what to avoid to ensure your submission is effective and accepted by the court. Here’s a straightforward list to guide you.

  • Do double-check all personal information such as names, addresses, and dates before submitting the form. Accuracy is key.
  • Do clearly state your requests and the reasons behind them. Courts appreciate straightforward and understandable requests.
  • Do attach any necessary supporting documents that could strengthen your case. These might include forms like FL-150 or specific declarations.
  • Do pay attention to the court's requirements regarding service of documents. Ensure all parties receive their copies in a timely manner.
  • Don't leave any fields blank. Fill in all applicable sections, or include a note if a section doesn't apply to you.
  • Don't use legal jargon or overly complicated language. Keep your explanations clear and accessible.
  • Don't submit the form late. Adhering to deadlines is crucial in legal matters.
  • Don't forget to sign the form. An unsigned form can lead to delays or rejections.

Keep these pointers in mind when completing the FL-300 form to enhance your chances of a smooth process. Taking the time to follow these guidelines can make a significant difference in how your requests are perceived and processed by the court.

Misconceptions

  • Misconception: The FL-300 form is only for child custody issues. Many individuals believe that this form is limited to requests regarding child custody. However, the FL-300 form can be used for a variety of requests, including spousal support, child support, and domestic violence orders, among others.
  • Misconception: You must have an attorney to file an FL-300 form. While having legal representation can be beneficial, individuals can file the FL-300 form on their own. The form provides a space for those representing themselves to indicate their status as a party without an attorney.
  • Misconception: The form guarantees a court order. Completing and submitting the FL-300 does not guarantee that the court will approve the requested orders. The court must review the request at a hearing before making any determinations.
  • Misconception: Filing an FL-300 form is a one-time action. Filing the FL-300 form often initiates a process requiring further action. Respondents may need to file a Responsive Declaration (FL-320) and attend a court hearing, which is part of a more extensive legal process.
  • Misconception: If you miss the hearing date, you lose your chance. Some believe that missing the hearing is the end of their request. While missing a hearing can have negative consequences, in some situations, parties may be able to reschedule or submit late filings under certain circumstances.
  • Misconception: Only the petitioner can request changes. Both petitioners and respondents have the right to request modifications to court orders through the FL-300 form. This form is intended for all parties involved in the case.
  • Misconception: The FL-300 form does not require supporting documents. Submission of the FL-300 may necessitate additional documents, such as current Income and Expense Declarations (FL-150), to support the requests being made. These documents provide critical information to the court to assess the requests properly.

Key takeaways

When filling out and using the FL-300 form, there are several important aspects to consider:

  • The FL-300 form is used to request various types of orders from the court, including child custody, visitation, and support matters.
  • Complete all sections of the form, ensuring that each party's information is accurate and clearly presented.
  • Attach any necessary supporting documents, such as previous court orders or relevant financial statements.
  • Pay close attention to the notice of hearing section. Proper notice must be given to all parties involved, and failure to do so may affect the court's ability to make the requested orders.
  • Understand the importance of timing regarding service of papers and hearings. Service must generally be completed at least nine court days before the scheduled hearing.
  • Filing a Responsive Declaration to Request for Order (form FL-320) is crucial. This form must be served on all parties to ensure they are aware of the requested changes.
  • If there are any existing domestic violence restraining orders, it is essential to include this information on the form and follow proper protocols.
  • To support requests for attorney's fees or costs, attach relevant financial documents that justify the request.