Fl 300 Template

Fl 300 Template

The FL-300 form is a legal document used in California to request a court order regarding various family law matters, such as child custody, support, and domestic violence issues. This form allows individuals to formally ask the court to change existing orders or establish new ones. If you need to fill out the FL-300 form, click the button below to get started.

Table of Contents

The FL-300 form is an essential document used in family law cases in California. This form allows individuals to request specific court orders related to child custody, visitation, spousal support, child support, and more. It serves as a formal request for the court to intervene and make decisions on these matters. When completing the FL-300, the petitioner must provide detailed information about themselves, the other parties involved, and the specific orders they are seeking. The form also includes a notice of hearing, which informs the parties about the date and time of the court hearing. Additionally, it emphasizes the importance of responding to the request, as failure to do so may result in the court making decisions without the absent party's input. The FL-300 also addresses domestic violence issues, requiring any existing restraining orders to be noted. Overall, this form plays a crucial role in ensuring that all parties have the opportunity to present their case and that the court has the necessary information to make informed decisions.

Fl 300 Sample

 

 

 

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

Document Attributes

Fact Name Description
Form Purpose The FL-300 form is used in California to request court orders related to child custody, visitation, spousal support, child support, and other family law matters.
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 It is essential to file the FL-300 form with the appropriate court and serve it to all involved parties at least nine court days before the scheduled hearing.
Attachments When submitting the FL-300, additional forms may be required, such as the Income and Expense Declaration (FL-150) and any relevant attachments that support the requests made in the form.

Fl 300: Usage Instruction

Completing the FL-300 form is an essential step in the legal process for requesting various orders from the court. It is important to fill out this form accurately and thoroughly to ensure that your requests are considered. Follow the steps below to complete the FL-300 form effectively.

  1. Fill in your contact information: Enter your name, firm name (if applicable), street address, city, state, zip code, telephone number, fax number, and email address. Indicate whether you are a party without an attorney or an attorney.
  2. Provide case details: Enter the name of the petitioner, respondent, and other parent/party, along with the case number.
  3. Specify the request: Check the appropriate box for the type of order you are requesting, such as child custody, spousal support, or domestic violence orders.
  4. Notice of hearing: List the names of the parties being served and provide the date, time, address, department, and room number of the court hearing.
  5. Complete restraining order information: If applicable, indicate if there are any existing domestic violence restraining orders and provide details about them.
  6. Detail child custody and visitation requests: Specify the names and dates of birth of the children involved and outline the requested orders for custody and visitation.
  7. Fill out child support requests: Provide the names and ages of children for whom support is requested, along with the monthly amount sought.
  8. Include spousal or partner support requests: State the amount requested and any changes to existing support orders, along with supporting documentation.
  9. Property control requests: Specify any property control requests, including details about debts and payments required.
  10. Request attorney's fees and costs: Indicate the total amount requested for attorney's fees and any supporting documents attached.
  11. Other orders requested: Specify any additional orders you are requesting from the court.
  12. Facts supporting your requests: Attach any necessary documents supporting your requests and ensure they do not exceed ten pages.
  13. Sign and date the form: Type or print your name and provide your signature, affirming the truthfulness of the information provided.

After completing the FL-300 form, ensure all required attachments are included. Submit the form to the court and serve copies to all relevant parties in accordance with the specified timelines. Timely submission is crucial for the court to consider your requests effectively.

Frequently Asked Questions

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

    The FL-300 form, known as the "Request for Order," is a document used in California family law cases. It allows a party to request specific orders from the court regarding various matters such as child custody, visitation, spousal support, child support, and domestic violence restraining orders. Essentially, it serves as a formal request to the court to make changes or establish new orders that affect the parties involved.

  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. It is important for the party filing the form to ensure that they provide accurate information and comply with all requirements, as the court relies on this information to make informed decisions.

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

    The FL-300 form requires several key pieces of information, including:

    • Your name and contact information.
    • The names of the other parties involved in the case.
    • The specific orders you are requesting, such as changes in child custody or support.
    • Details about any existing orders that may be relevant to your request.
    • Information about any domestic violence restraining orders currently in effect.

    Providing complete and accurate information helps ensure that the court can address your requests appropriately.

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

    Once the FL-300 form is filed with the court, a hearing will be scheduled. The court will notify all parties involved of the hearing date and time. It is crucial for the parties to attend this hearing, as the court may make decisions regarding the requested orders at that time. If a party does not respond or appear, the court may grant the requested orders without their input.

  5. Is there a deadline for serving the FL-300 form?

    Yes, there is a deadline for serving the FL-300 form. The party requesting the order must serve the document on the other parties at least nine court days before the scheduled hearing. This allows the other parties sufficient time to prepare a response. If the court has ordered a shorter time frame, the service must comply with that order.

  6. Can I request an expedited hearing using the FL-300 form?

    Yes, you can request an expedited hearing by indicating your need for urgent action in the FL-300 form. If you believe that immediate orders are necessary, you should clearly state your reasons for this urgency. The court will consider your request and may schedule the hearing sooner than the standard timeline if warranted.

Common mistakes

Filling out the FL-300 form can be a daunting task, and many people make common mistakes that can lead to delays or complications in their case. Understanding these pitfalls can help ensure that your request is processed smoothly.

One frequent mistake is failing to provide complete contact information. It's essential to include your full name, address, and phone number. Missing any of these details can cause confusion and may result in the court being unable to reach you for important updates regarding your case.

Another common error is neglecting to specify the orders you are requesting clearly. Whether it’s related to child custody, support, or other matters, be specific about what you want. Vague requests can lead to misunderstandings and may not yield the desired outcome.

Many individuals also forget to attach necessary supporting documents. For instance, if you are requesting changes to child support, you must include the Income and Expense Declaration (form FL-150). Not providing these documents can delay your hearing or even lead to a dismissal of your request.

Some people overlook the importance of adhering to deadlines. The form requires that certain documents be served to the other parties within specific timeframes. Missing these deadlines can result in the court dismissing your request or ruling in favor of the other party.

Inaccurate information is another significant issue. Ensure that all details, such as case numbers and dates, are correct. Errors can lead to confusion and might require you to resubmit the form, wasting time and resources.

Additionally, individuals often forget to sign and date the form. A missing signature can render the entire submission invalid. Always double-check that you have signed and dated the form before submitting it.

Lastly, some people fail to read the instructions provided with the form. The FL-300 includes guidelines that can help clarify what is needed for your specific situation. Ignoring these instructions can lead to incomplete submissions and further complications.

By being mindful of these common mistakes, you can improve your chances of a successful and timely resolution to your request. Taking the time to review your submission carefully will pay off in the long run.

Documents used along the form

The FL-300 form, known as the Request for Order, is a vital document in family law proceedings in California. It is often accompanied by several other forms and documents that help clarify the requests being made to the court. Understanding these additional documents can streamline the process and ensure that all necessary information is presented effectively.

  • FL-320: Responsive Declaration to Request for Order - This form is used by the responding party to provide their own statements and requests regarding the matters raised in the FL-300. It allows the other party to formally respond to the requests made and present their position before the court hearing.
  • FL-150: Income and Expense Declaration - This document provides a detailed overview of a party's financial situation, including income, expenses, assets, and liabilities. It is often required to support requests for child support, spousal support, or attorney's fees.
  • FL-155: Financial Statement (Simplified) - This is a simplified version of the Income and Expense Declaration. It is used when a party meets specific criteria and is seeking a less complex way to present their financial information to the court.
  • FL-305: Temporary Emergency (Ex Parte) Orders - This form is used to request immediate orders from the court without the other party being present. It is typically utilized in urgent situations where waiting for a regular hearing could cause harm or disadvantage.
  • FL-341: Child Custody and Visitation Orders - This form is used to outline specific requests for child custody and visitation arrangements. It provides a framework for the court to make decisions that are in the best interest of the child.
  • FL-319: Request for Attorney's Fees and Costs Attachment - This document is submitted alongside the FL-300 when a party seeks reimbursement for attorney fees and costs incurred during the legal proceedings. It details the reasons for the request and any supporting information.
  • DV-130: Restraining Order After Hearing - If there are existing domestic violence restraining orders, this form outlines the orders made by the court after a hearing. It is crucial to attach this document if modifications to the restraining orders are being requested in the FL-300.

Each of these forms plays a significant role in the family law process, ensuring that the court has all the necessary information to make informed decisions. Properly completing and submitting these documents can greatly influence the outcome of a case, making it essential for parties to understand their purpose and requirements.

Similar forms

The FL-300 form, known as the Request for Order, is a crucial document used in family law cases in California. It serves to request various types of court orders related to child custody, support, and other family law matters. Several other forms share similarities with the FL-300, each serving specific purposes within family law. Below is a list of six documents that are similar to the FL-300 form, along with an explanation of how they relate:

  • FL-320 - Responsive Declaration to Request for Order: This form is used by the responding party to provide their response to the requests made in the FL-300. It allows the other party to present their side of the case and contest the requests made.
  • FL-305 - Temporary Emergency (Ex Parte) Orders: This document is used to request immediate orders from the court without the other party present. It often addresses urgent issues like child custody or support that require prompt attention, similar to the requests made in the FL-300.
  • FL-150 - Income and Expense Declaration: This form provides detailed financial information from a party involved in a family law case. It is often submitted alongside the FL-300 to support requests for child or spousal support, ensuring the court has the necessary financial context.
  • FL-155 - Financial Statement (Simplified): This form serves a similar purpose as the FL-150 but is designed for individuals with simpler financial situations. It can be used in conjunction with the FL-300 to demonstrate financial need or ability to pay support.
  • FL-341 - Child Custody and Visitation Order: This form outlines specific orders regarding child custody and visitation. It can be referenced or attached to the FL-300 when requesting modifications to existing custody arrangements.
  • DV-130 - Restraining Order After Hearing: While primarily focused on domestic violence issues, this form can be related to the FL-300 when there are requests for changes to protective orders in family law cases, ensuring the safety and well-being of involved parties.

Each of these forms plays a vital role in the family law process, allowing individuals to navigate their legal needs effectively. Understanding the connections between these documents can help parties prepare and present their cases more efficiently.

Dos and Don'ts

When filling out the FL-300 form, it's essential to be thorough and accurate. Here are four crucial dos and don’ts to keep in mind:

  • Do ensure all required fields are filled out completely. Missing information can delay your case.
  • Do double-check the dates you provide. Accurate dates are vital for the court's timeline.
  • Don't forget to serve the form on the other parties involved. Proper service is necessary for the court to consider your requests.
  • Don't use this form for domestic violence restraining orders. There are specific forms for that purpose.

Following these guidelines can help streamline the process and avoid unnecessary complications. Be proactive in your approach to ensure that your requests are heard and considered by the court.

Misconceptions

Understanding the FL-300 form can be challenging, and several misconceptions often arise. Here are seven common misunderstandings regarding this important legal document.

  • The FL-300 form is only for child custody cases. This form is versatile and can be used for various requests, including child support, spousal support, and domestic violence orders. It is not limited to child custody matters.
  • You must have an attorney to file the FL-300 form. While having legal representation can be beneficial, individuals can file this form without an attorney. The form includes sections for parties who choose to represent themselves.
  • Filing the FL-300 guarantees a court hearing. Submitting this form does not automatically ensure that a hearing will occur. A hearing will be scheduled only if the court determines it is necessary based on the information provided.
  • The FL-300 form is the same as the FL-320 form. Although both forms are related, they serve different purposes. The FL-300 is a request for an order, while the FL-320 is a responsive declaration to that request.
  • You cannot change an existing order using the FL-300 form. In fact, the FL-300 is designed specifically for individuals seeking to modify existing court orders. It provides a structured way to request changes to child custody, support, or other orders.
  • All requests on the FL-300 must be filed at the same time. While it is often advisable to submit all requests together, it is possible to file separate requests on different occasions. Each request can be treated independently by the court.
  • The FL-300 form is only for those involved in divorce proceedings. This form can be utilized by any party seeking a court order, regardless of whether they are currently undergoing a divorce. It applies to various family law matters.

By dispelling these misconceptions, individuals can better navigate the complexities of the FL-300 form and understand their rights and options within the legal system.

Key takeaways

Filling out the FL-300 form is an important step in the legal process for requesting orders related to family law matters in California. Here are some key takeaways to keep in mind:

  • Understand the Purpose: The FL-300 form is used to request specific orders from the court, such as child custody, child support, or spousal support.
  • Identify the Parties: Clearly indicate the names of all parties involved, including the petitioner, respondent, and any other parent or party.
  • Notice of Hearing: Ensure that you provide all necessary details regarding the court hearing, including the date, time, and location.
  • Responsive Declaration: Be aware that if the other party does not file a Responsive Declaration (form FL-320) and appear at the hearing, the court may grant your requests without their input.
  • Service of Documents: It's crucial to serve all documents, including the FL-300, on the other parties within the required timeframe, typically at least nine court days before the hearing.
  • Attachments: Include all relevant attachments that support your request, such as income declarations or previous court orders.
  • Emergency Orders: If applicable, request temporary emergency orders and ensure they are served along with your FL-300 form.
  • Accuracy is Key: Double-check all information for accuracy and completeness, as errors can lead to delays or complications in your case.

By following these guidelines, you can navigate the process of filling out and using the FL-300 form more effectively. Proper preparation can make a significant difference in the outcome of your request.