The FL-300 form is a legal document used in California courts to request various orders related to family law matters. This form allows individuals to seek changes in child custody, support, and other important issues. Understanding how to complete and submit the FL-300 is essential for anyone navigating the family court system.
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The FL-300 form is a crucial document used in family law cases in California. It serves as a Request for Order, allowing individuals to ask the court for various types of orders related to child custody, visitation, spousal support, child support, and domestic violence matters. The form requires the petitioner to provide their personal information, including name, address, and contact details, as well as details about the respondent and any other involved parties. Additionally, it includes a notice of hearing section, informing all parties about the scheduled court date and the importance of responding to the request. The FL-300 form also emphasizes the need for parties to attend mediation or counseling sessions regarding child custody, if applicable. Furthermore, it outlines specific requests related to child custody and visitation arrangements, spousal support modifications, property control, and attorney's fees. The form is designed to facilitate the court's understanding of the parties' needs and to ensure that all relevant information is presented clearly. Lastly, it includes a declaration section where the applicant affirms the truthfulness of the information provided, underscoring the importance of accuracy in legal proceedings.
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
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
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
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Form Adopted for Mandatory Use Judicial Council of California FL-300 [Rev. July 1, 2016]
Family Code, §§ 2045, 2107, 6224, 6226, 6320–6326, 6380–6383; Government Code, § 26826 Cal. Rules of Court, rule 5.92 www.courts.ca.gov
RESPONDENT: OTHER PARENT/PARTY:
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):
c.
Juvenile: County/state (specify):
d.
Other: County/state (specify):
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
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)
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.
This is a change from the current order for
visitation (parenting time).
The order for legal or physical custody was filed on (date):
.
The visitation (parenting time) order was filed on (date):
. The court ordered (specify):
Attachment 2d.
FL-300 [Rev. July 1, 2016]
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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.
(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.)
Amount requested (monthly): $
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.
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.
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:
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.
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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
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.)
I request that the court make the following changes to the restraining orders (specify):
Attachment 7c.
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:
To serve the Request for Order no less than (number):
court days before the hearing.
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.
(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.)
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Filling out the FL-300 form is an important step in the legal process when seeking a court order. This form is used to request various types of orders, such as child custody, support, or domestic violence orders. After completing the form, it will need to be filed with the appropriate court, and you may also need to serve copies to the other parties involved. Here’s how to fill it out step-by-step:
Once you have completed the form, you will need to file it with the court and serve copies to all relevant parties. Be sure to check the specific rules and requirements for your local court, as these can vary by location.
What is the FL-300 form used for?
The FL-300 form, also known as the Request for Order, is utilized in family law cases in California. This form allows individuals to request specific orders from the court regarding child custody, visitation, spousal support, child support, and other related matters. It serves as a formal request for the court to address changes or issues that arise after an initial order has been made.
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. It is important for the person filing to ensure they have the necessary information and documentation to support their requests.
What information is required on the FL-300 form?
The FL-300 form requires various details, including the names of the parties involved, the case number, and the specific orders being requested. Additionally, the form may require information regarding child custody, visitation arrangements, spousal support, and any existing domestic violence restraining orders. Attachments may also be necessary to provide further details or evidence supporting the request.
How is the FL-300 form served to other parties?
Once the FL-300 form is completed, it must be served to all other parties involved in the case. This can be done through personal service or by mail, depending on the circumstances. The serving party must ensure that the other parties receive the form at least nine court days before the scheduled hearing, unless otherwise directed by the court.
What happens if I do not respond to the FL-300 form?
If a party does not file a Responsive Declaration to Request for Order (form FL-320) and does not appear at the hearing, the court may proceed to make decisions based solely on the information provided in the FL-300 form. This could result in the court granting the requested orders without the absent party's input.
Can I request a hearing date with the FL-300 form?
Yes, the FL-300 form includes a section for indicating the desired hearing date. The filing party should provide the date and time for the hearing, ensuring it complies with court requirements. It is essential to note that all parties must be notified of the hearing date and the request for orders.
Is there a fee associated with filing the FL-300 form?
Yes, there is typically a filing fee associated with submitting the FL-300 form to the court. The amount may vary depending on the county and the specifics of the case. However, individuals may qualify for a fee waiver if they meet certain financial criteria. It is advisable to check with the local court for exact fee details.
Where can I find more information about the FL-300 form?
Additional information regarding the FL-300 form can be found on the California Courts website. The site offers resources, guidelines, and forms related to family law matters. It is also beneficial to consult with a legal professional for personalized assistance and to ensure compliance with all requirements.
Filling out the FL-300 form can be a straightforward process, but there are common mistakes that individuals often make. One frequent error is failing to provide complete information. All sections of the form must be filled out accurately. Omitting details such as the names of parties involved, case number, or specific requests can lead to delays or complications in the legal process.
Another mistake is not adhering to the specified deadlines. The form requires parties to serve documents within a certain timeframe before the hearing. Missing these deadlines can result in the court making decisions without the absent party's input. It is crucial to check the deadlines carefully and ensure that all documents are served on time.
Inaccurate or incomplete attachments can also pose a problem. Many sections of the FL-300 require supporting documents, such as income declarations or previous court orders. If these attachments are missing or not properly filled out, it can undermine the request being made. It's important to double-check that all necessary documents are included and correctly completed.
People sometimes overlook the requirement for a signature. The form must be signed by the applicant to verify that the information is true and correct. A missing signature can render the form invalid, causing further delays in the process. Always ensure that the form is signed before submission.
Lastly, individuals may not fully understand the implications of the requests they are making. Each section of the FL-300 form asks for specific orders, such as child custody or support. Not fully grasping the legal terminology or the consequences of these requests can lead to unintended outcomes. It is advisable to seek assistance or clarification on any terms or sections that are unclear.
The FL-300 form, known as the Request for Order, is a crucial document in family law proceedings, particularly when seeking changes related to child custody, support, or other family matters. Alongside this form, several other documents may be necessary to support your case. Here’s a brief overview of the most commonly used forms and documents that often accompany the FL-300.
Understanding these forms can help streamline the legal process and ensure that all necessary information is presented to the court. Each document plays a specific role in supporting your case, so it’s important to choose the right ones based on your individual circumstances.
FL-320: Responsive Declaration to Request for Order - This form is used by the other party to respond to the requests made in the FL-300. It allows them to present their side and any objections they may have regarding the orders being requested.
FL-305: Temporary Emergency (Ex Parte) Orders - Similar to the FL-300, this form is used to request immediate orders from the court. It is typically used in urgent situations where waiting for a regular hearing is not feasible.
FL-150: Income and Expense Declaration - This document is essential for providing the court with a detailed overview of a party's financial situation. It supports requests for child support, spousal support, and attorney's fees, making it a critical part of the process.
FL-319: Request for Attorney's Fees and Costs Attachment - This form is used to detail the request for attorney's fees and the justification behind it. It complements the FL-300 by providing the court with specific reasons for the fee request.
DV-130: Restraining Order After Hearing - While the FL-300 can include requests related to domestic violence, the DV-130 is specifically for finalizing protective orders after a hearing. It outlines the terms of the restraining order that was established.
When filling out the FL-300 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do:
By adhering to these guidelines, you can help facilitate a smoother process for your request.
Understanding the FL-300 form is crucial for anyone navigating family law in California. However, several misconceptions can lead to confusion. Here are nine common misunderstandings about the FL-300 form:
Being aware of these misconceptions can help individuals better prepare for their family law matters and navigate the process with confidence.
When filling out and using the FL-300 form, it is essential to understand its purpose and the requirements involved. Here are key takeaways to consider:
Understanding these key aspects can facilitate a smoother process when utilizing the FL-300 form in family law matters.