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The FL-300 form is a crucial document used in California family law cases, particularly when individuals seek to make changes to existing court orders. This form is often utilized to request modifications related to child custody, visitation, spousal support, child support, and domestic violence orders. It serves as a formal request for the court to consider new information or circumstances that may warrant a change in the current orders. The form requires detailed information about the parties involved, including their names and addresses, as well as the specific orders being requested. Additionally, it outlines the necessity of a court hearing, providing essential details such as the date, time, and location of the hearing. Importantly, the FL-300 form includes a warning for the recipient, indicating that failure to respond appropriately may result in the court granting the request without their input. By providing a structured format, the FL-300 facilitates the legal process, ensuring that all relevant issues are addressed and that parties have the opportunity to present their cases effectively.

Preview - 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

▼ PDF

Document Specifics

Fact Name Description
Purpose of FL-300 The FL-300 form is used to request a court order related to family law matters, such as child custody, child support, and spousal support.
Governing Laws This form is governed by the California Family Code, specifically sections 2045, 2107, 6224, 6226, 6320-6326, and 6380-6383, as well as Government Code section 26826.
Filing Requirements Individuals must serve the FL-300 form to all parties involved at least nine court days before the hearing unless a shorter time is ordered by the court.
Responsive Declaration Parties receiving the FL-300 must file a Responsive Declaration (form FL-320) to avoid the court making orders without their input.
Hearing Information The form includes sections to specify the date, time, and location of the court hearing related to the request.
Emergency Orders Temporary emergency orders can be requested through the FL-300, which may affect child custody and support arrangements.
Attachments Required When filing the FL-300, individuals may need to attach supporting documents, such as income declarations or previous court orders, depending on the request.

Fl 300: Usage Instruction

Filling out the FL-300 form is an essential step in initiating a request for an order in family law matters. Completing this form accurately ensures that the court has the necessary information to process your request effectively. The following steps will guide you through the process of filling out the FL-300 form.

  1. Begin by entering your name and contact information at the top of the form. This includes your address, phone number, and email address. If you have an attorney, include their name and bar number as well.
  2. Fill in the details of the court where you are filing the request. Provide the court's street address, mailing address, city, and branch name.
  3. Identify the parties involved in the case by listing the names of the petitioner, respondent, and any other parent or party.
  4. Indicate the case number associated with your request. This is typically assigned by the court when the case was initially filed.
  5. In the section labeled "Request for Order," select the type of order you are requesting, such as child custody, visitation, spousal support, or other relevant matters.
  6. Provide the names and birth dates of any children involved if your request pertains to child custody or support.
  7. Clearly state the orders you are requesting and explain why they are in the best interest of the children or parties involved.
  8. In the section for attorney's fees, specify the amount you are requesting and the supporting documents you are submitting, such as an Income and Expense Declaration.
  9. If applicable, indicate whether there are any existing restraining orders and provide details about them.
  10. Complete the facts section by summarizing the reasons for your request. Ensure that your explanation is concise and limited to the space provided.
  11. Finally, sign and date the form, certifying that the information you provided is true and correct.

After completing the form, it is important to file it with the appropriate court and serve copies to the other parties involved. Be mindful of any deadlines for filing and service to ensure that your request is considered by the court.

Learn More on Fl 300

  1. What is the FL-300 form used for?

    The FL-300 form, also known as the Request for Order, is utilized in California family law cases. It allows a party to request specific orders from the court regarding issues such as child custody, visitation, child support, spousal support, and domestic violence restraining orders. Essentially, it serves as a formal way to ask the court to make decisions that affect family matters.

  2. Who can file the FL-300 form?

    Any party involved in a family law case can file the FL-300 form. This includes the petitioner, respondent, or any other parent or party involved in the case. If you are representing yourself, you will need to fill out the form completely and accurately to ensure your requests are heard in court.

  3. What information is required on the FL-300 form?

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

    • Your name and contact information.
    • The names of all parties involved in the case.
    • The case number assigned by the court.
    • A clear description of the orders you are requesting.
    • Details about any existing court orders related to the issues you are addressing.

  4. How do I serve the FL-300 form?

    After filling out the FL-300 form, you must serve it to all other parties involved in the case. This means delivering a copy of the form to them. You can do this through personal service, where someone hands the documents directly to the other party, or through mail if allowed by the court. Ensure that you follow the specific timelines for service to avoid any delays in your hearing.

  5. What happens after I file the FL-300 form?

    Once you file the FL-300 form with the court, a hearing will be scheduled. You will receive a notice detailing the date, time, and location of the hearing. It’s crucial to attend this hearing, as the court may make decisions based on the information presented, even if the other party does not show up.

  6. What is a Responsive Declaration to Request for Order (FL-320)?

    The FL-320 form is a response that the other party must file if they wish to contest the requests made in the FL-300 form. They must submit this declaration and serve it to you at least nine court days before the hearing. If they fail to do so, the court may proceed with your requests without their input.

  7. Can I request a change to an existing court order using the FL-300 form?

    Yes, the FL-300 form can be used to request changes to existing court orders. You will need to specify what changes you are seeking and provide reasons for these changes. Be prepared to explain why the modification is in the best interest of the children or necessary for other reasons.

  8. What if I need a temporary order before the hearing?

    If you need an urgent order before the scheduled hearing, you can request temporary emergency orders by completing the FL-300 form. You will need to explain why immediate action is necessary. The court may grant these orders if they find that there is a significant need for them.

  9. Where can I find additional information about the FL-300 form?

    For more detailed information about completing the FL-300 form, you can refer to the court’s website or consult the FL-300-INFO form. This guide provides helpful instructions and tips for filling out the form correctly and understanding the process.

Common mistakes

Filling out the FL-300 form can be a daunting task, and many people make mistakes that can delay their case or lead to unfavorable outcomes. Here are five common errors to avoid.

One frequent mistake is not providing complete information. The form requires specific details about the parties involved, including names, addresses, and case numbers. Omitting any of this information can result in the court rejecting the application or delaying the hearing. It’s essential to double-check that every field is filled out accurately before submission.

Another common error is failing to adhere to the deadlines for filing and serving documents. The form specifies that certain documents must be served at least nine court days before the hearing. Ignoring this timeline can lead to the court making decisions without considering your side of the story. Always keep track of important dates and plan ahead to ensure compliance.

Many individuals also neglect to attach necessary supporting documents. For instance, if you are requesting changes to child custody or support, you may need to include forms like the Income and Expense Declaration (form FL-150). Not providing these documents can weaken your case and may even result in the court denying your request.

In addition, some people make the mistake of not clearly stating the reasons for their requests. The form includes sections where you can explain why the changes are in the best interest of the children or why spousal support should be modified. Vague or incomplete explanations can leave the court without a clear understanding of your situation, which may affect the outcome.

Lastly, individuals often overlook the importance of signing and dating the form. A signature is not just a formality; it confirms that the information provided is true and correct. Submitting an unsigned form can lead to delays or outright dismissal of your request. Always remember to sign and date your documents before filing.

Documents used along the form

The FL-300 form, known as the Request for Order, is commonly used in family law cases in California. When filing this form, individuals often need to submit additional documents to support their requests or provide necessary information. Below is a list of forms and documents frequently used alongside the FL-300 form, each with a brief description.

  • FL-320: Responsive Declaration to Request for Order - This form is used by the responding party to provide their own statements and objections regarding the requests made in the FL-300. It must be filed and served before the hearing.
  • FL-150: Income and Expense Declaration - This document outlines the financial situation of the requesting party, including income, expenses, assets, and debts. It is often required to support requests for child or spousal support.
  • FL-155: Financial Statement (Simplified) - A simplified version of the income and expense declaration, this form is used when the party qualifies to file it instead of the more detailed FL-150.
  • FL-305: Temporary Emergency (Ex Parte) Orders - This form is used to request immediate orders from the court, often in urgent situations where waiting for a regular hearing is not feasible.
  • FL-311: Child Custody and Visitation Application Attachment - This attachment provides detailed information about child custody and visitation requests, including proposed schedules and arrangements.
  • FL-341(D): Child Custody and Visitation Order Attachment - This form is used to outline specific orders regarding child custody and visitation, supplementing the FL-300 request.
  • FL-319: Request for Attorney's Fees and Costs Attachment - This document supports requests for attorney's fees and costs, detailing the reasons and calculations for the amounts requested.
  • FL-157: Spousal or Partner Support Declaration Attachment - This form provides information relevant to requests for spousal or partner support, detailing financial needs and circumstances.
  • DV-130: Restraining Order After Hearing - If there are existing domestic violence restraining orders, this form may be referenced or included to modify or terminate those orders as part of the request.

These forms and documents help ensure that the court has all the necessary information to make informed decisions regarding requests for orders in family law matters. Properly completing and submitting these forms can significantly impact the outcome of a case.

Similar forms

The FL-320 form, known as the Responsive Declaration to Request for Order, serves a similar purpose to the FL-300 form. While the FL-300 is used to initiate a request for an order, the FL-320 allows the responding party to formally present their side of the case. This form requires the respondent to address the requests made in the FL-300 and can include objections or alternative proposals. Both forms are integral to the court process, ensuring that all parties have an opportunity to present their arguments and that the court can make informed decisions based on comprehensive information.

The FL-150 form, or Income and Expense Declaration, is another document closely related to the FL-300. This form is often required when requesting orders related to child support or spousal support. The FL-150 provides a detailed account of an individual's financial situation, including income, expenses, and assets. By submitting this form alongside the FL-300, a party can substantiate their requests for financial orders, ensuring that the court has a clear understanding of their economic circumstances.

The FL-305 form, or Temporary Emergency (Ex Parte) Orders, is also similar to the FL-300 in that it addresses urgent situations requiring immediate court intervention. While the FL-300 seeks a more permanent change, the FL-305 is designed for situations that cannot wait for a standard hearing. Both forms require the petitioner to outline their needs and provide a basis for the court's intervention, but the FL-305 specifically focuses on immediate relief in emergencies, such as domestic violence or urgent child custody issues.

The FL-341 form series, which includes various attachments for child custody and visitation orders, complements the FL-300 by allowing for detailed requests regarding parenting time. These forms enable the requesting party to specify their desired custody arrangements and provide supporting information about the children's best interests. While the FL-300 serves as the overarching request for orders, the FL-341 forms provide the necessary details to support those requests, especially concerning child custody matters.

The DV-130 form, or Restraining Order After Hearing, is relevant when domestic violence is a concern in family law cases. While the FL-300 may include requests for changes to existing restraining orders, the DV-130 is specifically used to formalize the outcomes of hearings related to such orders. Both forms require the parties to articulate their needs and the reasons behind them, but the DV-130 focuses on the protective measures necessary to ensure safety following a court hearing.

The FL-319 form, or Request for Attorney's Fees and Costs Attachment, is also linked to the FL-300 as it addresses financial aspects of legal proceedings. When a party requests attorney's fees in conjunction with their requests in the FL-300, the FL-319 provides a structured way to detail those requests and justify the need for such fees. This form ensures that the court can evaluate the financial implications of the case comprehensively, similar to how the FL-300 outlines the broader requests for orders.

Dos and Don'ts

When filling out the FL-300 form, it’s important to follow certain guidelines to ensure your submission is complete and accurate. Here’s a list of what you should and shouldn’t do:

  • Do read the instructions carefully before starting.
  • Do provide complete and accurate information for all required fields.
  • Do attach any necessary supporting documents as specified.
  • Do double-check your contact information for accuracy.
  • Do file the form and serve it to all parties involved in a timely manner.
  • Don’t leave any fields blank unless specifically instructed.
  • Don’t forget to sign and date the form before submission.
  • Don’t use the FL-300 form for requesting domestic violence restraining orders.
  • Don’t submit the form without reviewing it for errors or omissions.

By following these guidelines, you can help ensure a smoother process in your legal matters. Take your time, and don’t hesitate to seek assistance if needed.

Misconceptions

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

    • This form is versatile and can be used for various requests, including spousal support, child support, and domestic violence orders. It is not limited to child custody matters.

  • Misconception 2: You do not need to attend the hearing if you file the FL-300.

    • Attendance at the hearing is crucial. If you fail to appear, the court may grant the requested orders without your input.

  • Misconception 3: The FL-300 form guarantees that your requests will be granted.

    • Filing the form does not ensure that the court will approve your requests. The judge will consider the evidence and arguments presented during the hearing.

  • Misconception 4: You can submit the FL-300 form without any supporting documents.

    • It is essential to include supporting documents, such as income declarations or attachments that justify your requests. Incomplete submissions can delay the process.

  • Misconception 5: The FL-300 form is the same as the FL-320 form.

    • These forms serve different purposes. The FL-300 is a request for orders, while the FL-320 is a responsive declaration to the request made by another party.

  • Misconception 6: You can file the FL-300 form at any time without restrictions.

    • There are specific timelines for filing and serving the FL-300. It must be served a certain number of court days before the hearing, and deadlines must be strictly followed.

Key takeaways

Filling out the FL-300 form can seem daunting, but understanding its key components will help you navigate the process more smoothly. Here are some important takeaways to keep in mind:

  • Identify the Purpose: The FL-300 form is used to request specific orders from the court regarding child custody, support, and other family law matters.
  • Complete Personal Information: Ensure that you fill in your name, address, and contact details accurately. This information is crucial for the court and other parties involved.
  • Specify the Orders Requested: Clearly outline what you are asking the court to do. This could include changes to child custody arrangements, support payments, or property control.
  • Notice of Hearing: Be aware that you must provide notice of the hearing to the other parties involved. This ensures that everyone has the opportunity to respond.
  • Responsive Declaration: If you are the person served with the request, it is important to file a Responsive Declaration (form FL-320) within the specified timeframe to avoid the court making orders without your input.
  • Attachments: Include any necessary attachments that support your requests, such as financial declarations or prior court orders. These documents provide context and justification for your requests.
  • Seek Assistance if Needed: If you find the process overwhelming, consider reaching out to legal aid or a family law consultant. They can provide guidance and help ensure that your form is completed correctly.

By keeping these points in mind, you can approach the FL-300 form with greater confidence and clarity. Remember, the goal is to communicate your needs effectively to the court.