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The FL-303 form serves an essential role in the process of seeking temporary emergency orders in California family law cases. It is crucial for ensuring that all parties are notified appropriately about the proceedings related to an emergency request. This document provides a structured way for individuals or attorneys to disclose whether notice was given regarding the emergency court hearing and to outline the circumstances surrounding that notification. Essential fields within the form include the names of the petitioner and respondent, the details of legal representation, and the court's information. Additionally, the form addresses the circumstances under which notice may not have been provided, detailing any exceptional situations that justify such actions. By completing the FL-303, parties can effectively communicate their compliance with notice requirements or request a waiver when necessary. Understanding the nuances of this form can significantly impact the speed and effectiveness of obtaining temporary emergency relief, making it a critical tool for those involved in family law proceedings.

Fl 303 Example

FL-303

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:

 

DECLARATION REGARDING NOTICE AND SERVICE OF REQUEST

CASE NUMBER:

 

FOR TEMPORARY EMERGENCY (EX PARTE) ORDERS

 

NOTICE: Do not use this form to ask for domestic violence restraining orders. Before completing this form, read your court's local procedures for requesting temporary emergency orders and obtaining the information needed to complete item 2 of this form. Courts may grant temporary emergency orders with or without an emergency hearing. Find local rules at courts.ca.gov/3027.htm.

1.I am (specify)

attorney for

 

petitioner

 

respondent

 

other parent/party

not a party in the case (name and title/relationship to party):

2. I

did

 

did not

give notice (select all that apply)

that there will be an emergency court hearing

 

that papers will be submitted to the court on the request

 

for temporary emergency (ex parte) orders

 

 

to reschedule a hearing

 

 

to reschedule a hearing involving temporary emergency (ex parte) orders

 

 

on the date, time, and location indicated below:

Date:

Address of court:

Time:

same as noted above

Dept.:

other (specify):

Room:

3.NOTICE (If you gave notice, complete item 3a. If you did not give notice, complete item 3b or 3c.)

a.

 

I gave notice as described in items (1) through (5) below:

(1)I gave notice to (select all that apply)

 

 

petitioner.

 

 

petitioner's attorney.

 

 

 

 

 

 

respondent.

 

 

respondent's attorney.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

other parent/party.

 

 

other parent's/party's attorney.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

child's attorney.

 

 

other (specify):

 

a.m.

 

p.m.

 

 

 

 

 

 

(2) I gave notice on (date):

 

 

at:

 

 

 

 

 

 

 

 

 

 

 

 

personally

at (location):

 

 

 

, California.

 

 

 

 

 

 

 

by telephone

using telephone no.:

 

 

 

 

 

 

 

 

 

 

 

 

by fax

using fax no.:

 

 

 

 

 

 

 

 

 

 

 

 

by voicemail

using voicemail no.:

 

 

 

 

 

 

 

 

 

 

 

 

by electronic means (if permitted) (specify electronic service address of person):

 

 

 

 

 

 

by overnight mail or other overnight carrier (specify address of delivery):

 

 

 

 

(3) I gave notice (select one)

by 10 a.m. the court day before this emergency hearing.

after 10 a.m. the court day before this emergency hearing because of the following exceptional circumstances (specify):

 

 

Page 1 of 2

 

 

 

Form Approved for Optional Use

DECLARATION REGARDING NOTICE AND SERVICE OF REQUEST

Family Law, §§ 2045, 3062–3064,

Judicial Council of California

4620, 7710

FL-303 [Rev. July 1, 2020]

FOR TEMPORARY EMERGENCY (EX PARTE) ORDERS

Cal. Rules of Court, rules 5.151–5.169

 

 

 

www.courts.ca.gov

FL-303

PETITIONER:

RESPONDENT: OTHER PARENT/PARTY:

CASE NUMBER:

(4) I notified the person in 3a(1) that the following temporary emergency orders are being requested (specify):

b.

(5)

The person in 3a(1) responded as follows:

 

Attachment 3a(5)

(6)

I

 

 

do

 

do not believe that the person in 3a(1) will oppose the request for temporary emergency orders.

 

 

 

 

 

 

Request for waiver of notice. Due to exceptional circumstances, I did not give notice about the request for temporary

 

 

 

 

 

 

emergency orders. I ask that the court waive notice to the other party to help prevent (specify)

 

 

(1)

 

 

 

 

immediate danger or irreparable harm to myself (or my client) or to the children in the case.

 

 

 

 

 

 

 

 

(2)

 

 

 

 

an immediate risk that the children in the case will be removed from the state of California.

 

 

 

 

 

 

 

 

(3)

 

 

 

immediate loss or damage to property subject to disposition in the case.

 

 

 

 

 

 

 

(4)

 

 

 

other exceptional circumstances (specify):

 

 

 

 

 

 

 

Facts showing exceptional circumstances in support of the request to waive notice include (specify):

Attachment 3b

c.

 

 

 

Unable to provide notice. I did not give notice about the request for temporary emergency orders. I used my best efforts

 

 

 

 

 

to tell the opposing party when and where this hearing would take place but was unable to do so. The efforts I made to

 

 

 

 

 

inform the other person were (specify below):

 

 

 

 

 

 

Attachment 3c

 

 

 

 

 

 

 

 

 

 

 

4.

 

 

 

SERVICE OF DOCUMENTS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

a. The following documents were served on

 

 

 

 

 

 

 

 

 

 

 

 

petitioner

 

petitioner's attorney

 

other parent/party

 

 

other parent's/party's attorney

 

 

 

 

 

 

 

 

 

 

 

 

 

 

respondent

 

respondent's attorney

 

child's attorney

 

other (specify):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

before the request was filed with the court:

 

 

 

 

 

 

 

(1)

 

 

A copy of Request for Order (form FL-300) for temporary emergency orders, and Temporary Emergency (Ex Parte)

 

 

 

 

 

 

 

 

Orders (form FL-305).

 

 

 

 

 

 

 

(2)

 

 

A copy of a request to reschedule hearing and Order on Request to Reschedule Hearing (form FL-309). Form FL-306

 

 

 

 

 

 

 

 

may be used for the request.

 

 

 

 

 

 

 

(3)

 

 

A copy of a request to reschedule hearing involving temporary emergency (ex parte) orders and Order on Request

 

 

 

 

 

 

 

 

to Reschedule Hearing (form FL-309). Form FL-307 may be used for the request.

(4)

 

 

Other documents (specify):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b. Documents were served on (date):

at:

 

 

a.m.

 

 

personally

at (location):

 

, California.

 

 

 

 

 

by fax on

using fax no.:

 

 

 

 

 

 

 

 

 

 

by electronic means (if permitted) (specify electronic service address of person served): by overnight mail or other overnight carrier (specify address of delivery):

c.Documents were not served on the opposing party due to the exceptional circumstances specified in

3b, above.

 

3c, above.

 

Attachment 4c.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

p.m.

(TYPE OR PRINT NAME)

(SIGNATURE)

FL-303 [Rev. July 1, 2020]

DECLARATION REGARDING NOTICE AND SERVICE OF REQUEST

 

FOR TEMPORARY EMERGENCY (EX PARTE) ORDERS

For your protection and privacy, please press the Clear

 

 

 

 

This Form button after you have printed the form.

Print this form

 

Save this form

 

 

 

 

 

 

 

Page 2 of 2

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Form Characteristics

Fact Name Fact Detail
Form Purpose The FL-303 form is used to declare the notice and service of request for temporary emergency (ex parte) orders in family law cases.
Governing Laws This form is governed by California Family Law, specifically sections 2045, and 3062–3064, along with the California Rules of Court, rules 5.151–5.169.
Notice Requirement Before completing the form, parties must read local procedures for requesting emergency orders and indicate whether they provided notice to other relevant parties.
Document Serving Applicable documents must be served on the opposing party, including the Request for Order (form FL-300) and Temporary Emergency (Ex Parte) Orders (form FL-305).

Guidelines on Utilizing Fl 303

Completing the FL-303 form is essential for individuals involved in a court case seeking temporary emergency orders. This process requires careful attention to the details outlined in the form to ensure that all necessary information is accurately provided.

  1. Begin by filling out the top section with your personal information. Include your name, firm name (if applicable), address, city, state, ZIP code, telephone number, fax number, and e-mail address. Indicate if you are an attorney for the petitioner, respondent, or another parent/party.
  2. In the court information section, enter the name of the Superior Court of California, the county of the court, and the street address, mailing address, city, and ZIP code of the court. Specify the branch name.
  3. For item 1, select one option that describes your role regarding the parties in the case. Provide the name and title or relationship to the party if applicable.
  4. In item 2, indicate whether you gave notice about the emergency court hearing. Select all applicable options that describe the nature of the notice.
  5. Proceed to item 3. If you gave notice, complete section 3a by selecting the individuals or parties you notified. Specify how you provided this notice, including the date and time. Ensure you clarify if you notified them before or after 10 a.m. of the court day before the hearing.
  6. If you did not give notice, complete section 3b or 3c, detailing the reasons why notice was not provided and any exceptional circumstances that justify this. Summarize the facts supporting your request to waive notice if applicable.
  7. In item 4, indicate which documents were served on the respective parties before filing the request with the court. Provide the service date and method (e.g., personal service, fax, electronic means, etc.).
  8. Complete the declaration section at the bottom by typing or printing your name, signing the document, and including the date and time.

After finishing, review the filled form for accuracy. Ensure that all required sections are completed before submitting it to the appropriate court. This form is crucial for proceeding with the request for temporary emergency orders and maintaining compliance with court procedures.

What You Should Know About This Form

What is the FL-303 form used for?

The FL-303 form, titled "Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders," is utilized in family law cases within California. It serves the purpose of informing the court about the notice given to the opposing party regarding a request for temporary emergency orders. This can be crucial in matters involving immediate needs such as child custody or support issues that require urgent attention.

Who is required to fill out the FL-303 form?

The form must be completed by any party involved in a family law case who is seeking temporary emergency orders. This can be either a party with legal representation or someone without an attorney. It is important to accurately detail what notice, if any, was provided to the other party or parties involved in the case.

What information is needed to complete the FL-303 form?

To fill out the FL-303 form, you will need to provide your name, contact information, and your relationship to the case (petitioner, respondent, or other). Additionally, specific details regarding the notice given, including how and when it was delivered, must be included. You should also state whether you believe the opposing party will oppose the request for the emergency orders.

Can I request to waive notice on the FL-303 form?

Yes, the FL-303 form includes a section that allows you to request a waiver of notice under exceptional circumstances. If you believe that notifying the other party could lead to immediate danger or irreparable harm, you may provide facts supporting your request. The court will consider these facts closely when making its determination.

Is it necessary to serve documents along with the FL-303 form?

Yes, when submitting the FL-303 form, you must indicate whether you have served certain documents on the other party or parties involved in the case. These documents commonly include the Request for Order (FL-300) for temporary orders and any related documentation. Documentation must typically be served before the request is filed with the court.

How does the court interpret a lack of notice on the FL-303 form?

If you did not provide notice, it’s crucial that you specify your reasons in the appropriate section of the FL-303 form. The court will assess your efforts to notify the other party and the reasons for not doing so. This is important because the court is concerned with ensuring fair proceedings and protecting all parties' rights.

What happens after I submit the FL-303 form?

Once the FL-303 form is submitted, the court will review the information provided. Depending on the details of the notice given and the circumstances, the court may grant the temporary emergency orders requested. If you have waived notice, the court will evaluate the justification for that request before making its decision.

Where can I find additional guidance on filling out the FL-303 form?

For more detailed instructions related to your local court procedures, it is advisable to consult the court’s local rules and guidelines. You can find additional resources and information at the California Courts website, specifically at courts.ca.gov/3027.htm, which provides helpful insights into filing for temporary emergency orders and completing necessary legal forms.

Common mistakes

Filling out the FL-303 form can often be a daunting task, especially during an emotionally charged time. One common mistake people make is not clearly stating their relationship to the case. It is important to accurately identify whether you are the petitioner, respondent, or another party involved. When this information is unclear, it can lead to confusion at court and delays in processing your request.

Another frequent error involves neglecting to provide proper notice to the other party. Section 2 of the form requires individuals to select applicable notice options. Failing to do this not only impacts the legitimacy of your request but may also jeopardize your chances of receiving the temporary emergency orders you need. Individuals might think that simply mentioning they “gave notice” is enough, but they must describe the method and timing of the notice in detail.

Many also overlook the requirement for specificity when detailing exceptional circumstances that led to a waiver of notice. Section 3b of the form allows individuals to request a waiver if they feel that providing notice would result in immediate danger or irreparable harm. If you don’t clearly articulate these circumstances, the court may not grant your request, which could hinder your ability to protect yourself or your children.

Lastly, people often fail to double-check their service documentation. Section 4 outlines the necessity of serving specific documents to the involved parties prior to filing with the court. Missing signatures or incorrect dates can invalidate your application. Ensuring that you meticulously check this section can make all the difference in the court's acceptance of your request.

Documents used along the form

When filling out the FL-303 form for temporary emergency orders in California, there are several other documents that may accompany it. Each of these forms serves a specific purpose to ensure the court has all necessary information for a decision. Here is a list of important documents often used alongside the FL-303:

  • Request for Order (FL-300): This form is used to formally request different types of orders from the court, including temporary orders related to child custody, child support, or spousal support.
  • Temporary Emergency (Ex Parte) Orders (FL-305): This document is requested alongside the FL-303 when immediate orders are needed without waiting for a court hearing.
  • Request to Reschedule Hearing (FL-309): If you need to change the date of a scheduled hearing, this form allows you to submit that request to the court.
  • Order on Request to Reschedule Hearing (FL-310): This accompanies the FL-309 and is issued by the court to officially confirm or deny the rescheduling of a hearing.
  • Declaration Under Penalty of Perjury (FL-315): This form is often used to support your request for emergency orders by providing a sworn statement about the circumstances requiring urgent attention.
  • Notice of Motion (FL-130): This is a notice that informs the other party of the upcoming motions and requests you are making to the court.
  • Child Custody and Visitation Application (FL-105): If your request involves custody or visitation issues, this form captures the necessary details regarding the children involved.
  • Proof of Service (FL-335): This document provides evidence that the necessary paperwork has been delivered to all relevant parties, which is essential in court proceedings.

Gathering and submitting these documents in conjunction with the FL-303 will help facilitate your request for emergency orders. Make sure that all papers are completed carefully and accurately to support your case effectively.

Similar forms

  • FL-300 Request for Order: This form is used to request various orders from the court, including temporary emergency orders. Like FL-303, it serves a foundational role in the filing process for family law matters and outlines the notice requirements for the other party.
  • FL-305 Temporary Emergency Orders: Similar to FL-303, this form specifically requests temporary orders that are urgent and require immediate attention. The two documents work in tandem, with FL-303 focusing on the declaration and service of notice.
  • FL-309 Order on Request to Reschedule Hearing: This form relates to the procedural aspects of scheduling hearings. It shares similarities with FL-303 in terms of notification and party involvement, as both require careful communication between involved parties.
  • FL-306 Request to Reschedule Hearing: This document is used when a party needs to change the date of a court hearing. Both FL-306 and FL-303 emphasize the importance of notice and the necessity of informing other involved parties about changes or requests.
  • FL-307 Request for Hearing Involving Temporary Emergency Orders: Like FL-303, this form specifically relates to the urgent nature of temporary orders in family law cases. Both documents highlight the necessity of providing notice to maintain the integrity of the legal process.

Dos and Don'ts

When completing the FL-303 form, it's essential to understand the correct approach to ensure your submission is processed efficiently. Here are some key do's and don'ts:

  • Do: Carefully read the local procedures provided by your court before starting the form.
  • Do: Ensure accurate completion of all sections, especially regarding notices given and received.
  • Do: Keep a copy of the completed form for your records before submitting it.
  • Do: Provide detailed explanations in the exceptional circumstances section if you did not give notice.
  • Don't: Use this form to request domestic violence restraining orders, as it is not intended for that purpose.
  • Don't: Leave any required fields blank; incomplete forms may delay your request.
  • Don't: Submit the form without ensuring you have provided all necessary supporting documents.
  • Don't: Forget to clearly indicate any additional exceptional circumstances when waiver of notice is requested.

Misconceptions

  • Misconception 1: The FL-303 form is exclusively for attorneys.

    • This form can be filed by either parties who are representing themselves or those who have legal representation. It accommodates both scenarios, making it accessible for anyone involved in a case seeking temporary emergency orders.

  • Misconception 2: This form is used for domestic violence restraining orders.

    • Many people mistakenly believe that the FL-303 form is suitable for seeking domestic violence restraining orders. In fact, it is specifically not designed for that purpose. Individuals should refer to other forms and procedures when dealing with domestic violence issues.

  • Misconception 3: You need to give notice before filing the FL-303.

    • While notice is generally required in most legal proceedings, the FL-303 acknowledges that, under exceptional circumstances, a party can request a waiver of notice. This is particularly relevant in urgent situations where immediate action is necessary.

  • Misconception 4: The court will automatically grant the temporary orders if the FL-303 is filed.

    • This form serves as a request; it does not guarantee approval. The court will review the case based on the provided information and the situation's merit before making a determination regarding the orders.

  • Misconception 5: Completing the FL-303 is a complicated process.

    • Although paperwork can sometimes seem daunting, the FL-303 is designed to gather specific information in a straightforward manner. With careful attention to detail, individuals can complete the form without extensive legal knowledge.

  • Misconception 6: The FL-303 can only be submitted in person.

    • While filing the FL-303 in person is an option, many courts now allow for electronic submissions. Check local court rules to determine whether you can file this form online, simplifying the process and saving time.

  • Misconception 7: You cannot change information after the FL-303 is filed.

    • If information needs correction or updates after filing, it’s possible to make changes. Contact the court for guidance on the process to ensure all necessary adjustments are made while staying compliant with requirements.

Key takeaways

When dealing with the FL-303 form, it’s crucial to follow specific guidelines to ensure your filing goes smoothly. Below are key takeaways that can help you navigate this process effectively:

  • Know the Purpose: The FL-303 form is intended for requesting temporary emergency orders and should not be used for domestic violence restraining orders. Familiarize yourself with your court's local procedures.
  • Notice Requirements: Giving notice about the hearing is essential. You must indicate whether notice was provided to the necessary parties and in what manner. This can include in-person, telephone, fax, or electronic methods.
  • Exceptional Circumstances: If you did not provide notice, be prepared to explain the exceptional circumstances that prevented you from doing so. Specific examples of such circumstances can greatly influence the court's decision.
  • Documentation: Certain documents must be served on other parties before submitting the FL-303. Ensure that you prepare copies of any related forms, such as the Request for Order (FL-300) and Temporary Emergency Orders (FL-305).
  • Accuracy Matters: All information on the FL-303 must be accurate and complete. Any inconsistencies can lead to delays or complications in your case.
  • Seek Guidance: If you are unsure about any part of the process, consider reaching out to court personnel or legal aid organizations for assistance. They can provide valuable insights without offering legal advice.

Taking these considerations into account will help you utilize the FL-303 form effectively in your legal matters.

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