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The FL-300 form is a critical document used in California family law proceedings, specifically designed for individuals seeking a court order regarding various family-related issues. This form can address matters such as child custody, visitation rights, spousal support, child support, and even domestic violence orders. When completing the FL-300, the petitioner must provide essential information, including the names of the parties involved, the case number, and the specific requests being made. The form also requires details about the court hearing, including the date and location, and includes a warning about the consequences of failing to respond. It is imperative for parties to understand that if they do not file a responsive declaration or appear at the hearing, the court may grant the requested orders without their input. Additionally, the FL-300 outlines the need for any existing restraining orders and includes sections for requesting attorney's fees, costs, and other necessary modifications to existing orders. Completing this form accurately and submitting it in a timely manner is essential for ensuring that the court can effectively address the issues at hand.

Sample - Fl 300 Form

 

 

 

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

↓ Fl 300 PDF

File Specs

Fact Name Details
Form Title FL-300 is known as the "Request for Order" form in California.
Governing Laws This form is governed by Family Code sections 2045, 2107, 6224, 6226, 6320–6326, 6380–6383, and Government Code section 26826.
Purpose The FL-300 form is used to request changes in child custody, visitation, spousal support, and other family law matters.
Filing Requirements A completed Income and Expense Declaration (form FL-150) must be filed with the request.
Hearing Notice The form includes a notice of hearing, informing parties of the court date and time.
Responsive Declaration Parties must file a Responsive Declaration to Request for Order (form FL-320) to respond to the requests made.
Service Deadline Documents must be served at least nine court days before the scheduled hearing unless otherwise ordered by the court.

Fl 300 - Usage Guidelines

Filling out the FL-300 form is a crucial step in your legal process. This form is used to request specific orders from the court regarding various family law matters. Once you complete the form, you will need to file it with the court and serve copies to the other parties involved in your case.

  1. Obtain the FL-300 form: You can download it from the California courts website or get a physical copy from the courthouse.
  2. Fill in your information: In the top section, provide your name, address, and contact information. If you have an attorney, include their name and State Bar number.
  3. Identify the court: Write the name and address of the Superior Court of California where you are filing your request.
  4. Enter case details: Fill in the names of the petitioner, respondent, and any other parties involved, along with the case number.
  5. Select the type of order requested: Check the box for the specific order you are requesting, such as child custody, spousal support, or domestic violence orders.
  6. Notice of hearing: Provide the names of the parties being served, the date and time of the court hearing, and the court address.
  7. Complete the relevant sections: Depending on your request, fill in the sections related to child custody, child support, spousal support, property control, or attorney's fees.
  8. Attach necessary documents: Include any required attachments, such as income declarations or previous orders, as specified in the form.
  9. Sign and date the form: At the bottom of the form, sign your name and include the date of signing.
  10. Make copies: Before filing, make copies of the completed form and all attachments for your records and for serving to other parties.
  11. File the form: Submit the original FL-300 form and attachments to the court clerk's office and pay any required filing fees.
  12. Serve the other parties: Deliver copies of the filed form and attachments to the other parties involved in the case, ensuring you meet the deadlines for service.

Your Questions, Answered

What is the FL-300 form used for?

The FL-300 form, known as the Request for Order, is primarily used in family law cases in California. It allows individuals to request specific orders from the court regarding child custody, visitation, spousal support, child support, domestic violence restraining orders, and attorney's fees. This form is essential for initiating a formal request for changes to existing court orders or establishing new ones. It is important to complete the form accurately to ensure that the court understands the requests being made.

Who should complete the FL-300 form?

The FL-300 form should be completed by any party involved in a family law case who wishes to request a change in court orders or establish new orders. This includes parents seeking modifications to child custody arrangements, individuals requesting spousal support, or parties seeking to address issues related to domestic violence. If a party has legal representation, their attorney will typically complete the form on their behalf. However, individuals without an attorney can also fill out the form.

How do I file the FL-300 form?

To file the FL-300 form, you must first complete it thoroughly, ensuring all required information is included. After completing the form, you should file it with the appropriate Superior Court in California. This can typically be done in person or, in some jurisdictions, electronically. After filing, it is crucial to serve a copy of the form to all other parties involved in the case. This must be done at least nine court days before the scheduled hearing unless the court has ordered a shorter time frame.

What happens after I file the FL-300 form?

Once the FL-300 form is filed, the court will schedule a hearing date, which will be indicated on the form. All parties involved will be notified of the hearing date and time. It is important to attend this hearing, as the court may make decisions regarding the requests made in the FL-300 form. If you do not attend, the court may proceed without your input, potentially resulting in orders that are not in your favor.

Can I request an emergency order using the FL-300 form?

Yes, the FL-300 form allows for the request of temporary emergency orders, also known as ex parte orders. If you believe that immediate action is necessary to protect your interests or those of your children, you can indicate this on the form. It is essential to provide a clear explanation of why the emergency orders are needed. Additionally, you must follow specific procedures for serving these emergency orders, which may differ from standard filing requirements.

What if I need help completing the FL-300 form?

If you require assistance with completing the FL-300 form, there are resources available to help. Many courts offer self-help centers where individuals can receive guidance on filling out forms. Additionally, legal aid organizations may provide support for those who qualify. It is important to ensure that the form is filled out correctly, as inaccuracies can lead to delays or complications in your case.

Common mistakes

  1. Incomplete Information: Many people fail to provide all required personal details, such as their name, address, and contact information. It is crucial to ensure that every section is filled out completely to avoid delays in processing.

  2. Incorrect Case Number: Entering the wrong case number can lead to confusion and complications. Always double-check the case number to ensure it matches the court records.

  3. Missing Signatures: Forgetting to sign the form is a common mistake. The form must be signed by the applicant to be considered valid. Without a signature, the court may reject the submission.

  4. Not Specifying Requests Clearly: Vague or unclear requests can hinder the court's understanding of what is being asked. Clearly outline the specific orders you are requesting to avoid misinterpretation.

  5. Ignoring Deadlines: Failing to adhere to service deadlines can result in missed opportunities to present your case. Be mindful of all dates and ensure that documents are served in a timely manner.

  6. Neglecting Required Attachments: Not including necessary supporting documents, such as the Income and Expense Declaration, can weaken your request. Always check the list of required attachments before submission.

Documents used along the form

The FL-300 form, also known as the Request for Order, is commonly used in family law cases in California. It allows a party to request specific orders from the court, such as child custody, child support, or spousal support. Along with the FL-300 form, several other documents may be required to support the request. Below is a list of five forms that are often used in conjunction with the FL-300.

  • FL-320: Responsive Declaration to Request for Order - This form allows the responding party to present their side of the case. It must be filed and served before the hearing to ensure that the court considers both parties' perspectives.
  • FL-150: Income and Expense Declaration - This document provides the court with information about a party's income, expenses, and financial situation. It is often required to support requests for child or spousal support.
  • FL-305: Temporary Emergency (Ex Parte) Orders - This form is used to request immediate orders from the court in emergency situations. It allows for temporary relief before a full hearing can take place.
  • FL-319: Request for Attorney's Fees and Costs Attachment - This attachment is used when a party requests reimbursement for attorney fees and costs incurred during the legal process. It must detail the reasons for the request.
  • FL-157: Spousal or Partner Support Declaration Attachment - This document supports requests for changes in spousal or partner support. It addresses factors that the court should consider when making its decision.

Each of these forms plays a vital role in the family law process, helping to ensure that all relevant information is presented to the court. Properly completing and submitting these documents can significantly impact the outcome of a case.

Similar forms

The FL-300 form, known as the Request for Order, is designed to initiate various family law proceedings. One document that shares similarities with the FL-300 is the FL-320, or Responsive Declaration to Request for Order. While the FL-300 is used to make initial requests, the FL-320 allows the responding party to present their side of the story. Both forms require detailed information about the parties involved and the specific orders being sought, ensuring that the court has a comprehensive view of the situation before making a decision. The FL-320 is crucial for ensuring that all voices are heard in family law matters.

Another related document is the FL-150, or Income and Expense Declaration. This form is often filed alongside the FL-300 when financial issues, such as child support or spousal support, are at stake. The FL-150 requires parties to disclose their financial situation, including income, expenses, and assets. This transparency is essential for the court to make informed decisions regarding financial support. Both forms emphasize the importance of providing accurate information to support claims made in family law cases.

The FL-305 form, which pertains to Temporary Emergency (Ex Parte) Orders, is also similar to the FL-300. The FL-305 is used when immediate orders are necessary, often in cases involving safety or urgent needs. Like the FL-300, it requires specific details about the situation and the orders being requested. Both forms aim to address pressing issues in family law, although the FL-305 is more focused on immediate relief, while the FL-300 may address longer-term arrangements.

The FL-341 series of forms, which includes FL-341(C), FL-341(D), and FL-341(E), relates to child custody and visitation orders. These forms are often attached to the FL-300 when a party is requesting changes to custody or visitation arrangements. Each FL-341 form addresses specific aspects of custody, such as the best interests of the child, and requires detailed information about the child’s needs and the proposed arrangements. Together with the FL-300, these forms create a comprehensive approach to addressing child custody issues in court.

Additionally, the FL-157, or Spousal or Partner Support Declaration, is relevant when spousal support is being requested. This form requires detailed information about the requesting party's financial situation and the reasons for the support request. When filed with the FL-300, it provides the court with the necessary context to evaluate the support request. Both forms emphasize the need for clarity and thoroughness in financial disclosures to facilitate fair outcomes.

Lastly, the DV-130, or Restraining Order After Hearing, is pertinent when domestic violence is a concern. While the FL-300 can be used to request changes to existing domestic violence orders, the DV-130 specifically addresses the outcomes of hearings related to those orders. Both forms require detailed information about the circumstances and requests being made, ensuring that the court can make informed decisions to protect individuals involved in potentially harmful situations.

Dos and Don'ts

When filling out the FL-300 form, there are important guidelines to follow. Adhering to these can help ensure that your submission is complete and accurate.

  • Do ensure all sections are filled out completely. Missing information can lead to delays.
  • Do provide accurate contact information. This includes your name, address, and telephone number.
  • Do attach any required supporting documents. For example, include forms like FL-150 or FL-157 as needed.
  • Do check the deadlines for service and submission. Make sure you file and serve documents on time to avoid complications.
  • Do keep a copy of everything you submit. This will be helpful for your records and future reference.
  • Don't leave out any required signatures. Ensure that you sign the form where indicated.
  • Don't use the FL-300 form for domestic violence restraining orders. Refer to the appropriate forms for such requests.

Misconceptions

Understanding the FL-300 form can be challenging, especially with the various misconceptions surrounding it. Here are six common misconceptions and the facts to clarify them:

  • Misconception 1: The FL-300 form is only for child custody issues.

    • In reality, the FL-300 form can address multiple issues, including child custody, spousal support, child support, and domestic violence orders. It serves as a comprehensive request for various types of court orders.

  • Misconception 2: You need an attorney to fill out the FL-300 form.

    • While having legal representation can be beneficial, it is not a requirement. Individuals can complete the form on their own, but they should ensure they understand the instructions and implications of their requests.

  • Misconception 3: Filing the FL-300 guarantees that the requested orders will be granted.

    • Filing the form does not guarantee approval. The court will review the request and make decisions based on the evidence presented and the best interests of any children involved.

  • Misconception 4: The FL-300 form can be used to request a domestic violence restraining order.

    • This is incorrect. The FL-300 is not intended for domestic violence restraining orders. Separate forms and procedures are required for such requests.

  • Misconception 5: You must serve the FL-300 form to all parties at least 30 days before the hearing.

    • The requirement is actually to serve the form at least nine court days before the hearing unless the court has ordered a shorter timeframe. This is a critical detail to ensure compliance.

  • Misconception 6: The FL-300 form is only for married couples.

    • This form can be used by both married couples and domestic partners. It is designed to accommodate various family law situations, making it applicable to a broader audience.

Key takeaways

Filling out and using the FL-300 form can be a critical step in family law proceedings. Here are some key takeaways to consider:

  • Understand the Purpose: The FL-300 form is used to request a court order regarding various family law matters, such as child custody, support, and domestic violence issues.
  • Complete All Sections: Ensure that every section of the form is filled out completely. Missing information can lead to delays or rejections of your request.
  • Notice of Hearing: It is essential to include the date and time of the hearing. Failure to notify the other parties can result in the court proceeding without their input.
  • Responsive Declaration: If you are served with the FL-300, you must file a Responsive Declaration (form FL-320) and serve it on the other parties at least nine court days before the hearing.
  • Attach Supporting Documents: Include any necessary attachments that support your request, such as income declarations or previous court orders. This strengthens your case.
  • Be Aware of Deadlines: Pay attention to deadlines for serving documents and filing responses. Timeliness is crucial in family law proceedings.

By keeping these points in mind, individuals can navigate the complexities of the FL-300 form more effectively, ensuring their requests are properly presented to the court.