Request for Order

FL-300, Request for Order:

Top of page 1:  Enter your name and address, the names of the Petitioner, Respondent, and Other Parent/Party (if necessary), and your court case number.

• Mark the box for the legal issue you want the court to make orders on.
  • If the issue is not listed, mark “Other” and specify the issue.
• Mark the box for Change if you are requesting a change to an existing order.
• Mark the box for Temporary Emergency Orders if you are requesting that the court make emergency orders that will be effective until the hearing date.  See below for more information on the additional forms you must complete.

Page 1, Item 1, under Notice of Hearing:  Enter the name of the other person in your case.

• If you are requesting a modification of child support and the Department of Child Support Services (DCSS) is enforcing the order, list both the other parent and DCSS.

Page 1, Items 2 through 8:  Leave these items blank; they are for court use only.

Pages 2 through 4:  Complete each item if it applies to your request.

• Item 1, Restraining Order Information:  Provide details if there is a restraining order in effect between you and the other party.
• Item 2, Child Custody and Visitation:  Complete if requesting to establish or change existing orders.  At Item 2(c), explain why your request is in the child’s best interest.
• Item 3, Child Support:  Add information about the children, any existing orders, and why the court should make or change the child support orders.
  • File form FL-150, Income and Expense Declaration, per item 3(c).
• Item 4, Spousal Support:  Add information about any existing orders and why the court should make or change the spousal support orders.
  • Attach FL-157, Spousal or Partner Support Declaration Attachment, per 4(c), if requesting that the court modify an order post-judgment.
  • File the FL-150, Income and Expense Declaration, per item 4(d).
• Item 5, Property Control:  Complete if requesting possession of property or that the other party be responsible for making payments on debts.
• Item 6, Attorney’s Fees and Costs:  Complete if requesting reimbursement for such costs.
• Item 7, Other Orders Requested:  Complete if requesting other orders not listed on this form.  Examples include parenting classes, drug testing, etc.
• Item 8, Time for Service:  Complete if requesting orders related to service or are requesting that a hearing is set sooner.  Provide reasons at 8(c).
• Item 9, Facts to Support:  Provide details that support your request(s).  You may also attach documents which support your request.  Examples include school or medical records, the title or deed to property, screenshots of text messages, a police report, etc.

• Bottom of Page 4:  Date and sign.

FL-105, Declaration Under UCCJEA

This is an optional form.  Complete if you have minor children with the other party and are requesting child custody and visitation orders.  This form tells the court where your children were born, who they lived with, and if there are any other court cases involving them.

• If your case begins with VFS and this will be the first request for child custody and visitation filed in the case, you must file form FL-105.
• In all cases, you must file form FL-105 if the child has moved since you last filed in the case.

You may request temporary emergency orders only in limited situations, which include preventing immediate harm or abduction of a child, immediate loss or damage to property, or to set or change procedures for a hearing or trial.  For emergency custody orders, the safety of the child must be at risk based on independently verified information i.e. you cannot use the child’s testimony alone.

If you are requesting temporary emergency orders, complete the following forms:

• FL-305, Temporary Emergency (Ex Parte) Orders
  • Top of page 1:  Enter your name and address, the names of the Petitioner, Respondent, and Other Parent/Party (if necessary), and your court case number.
  • Under Temporary Emergency (Ex Parte) Orders, mark the box corresponding to your request.
  • Item 1:  Enter the name of the other party and check the appropriate box regarding their role in the case.
  • Item 3:  If child custody and visitation orders are being requested, enter the child’s name and date of birth at 3(c).
  • Leave the rest of the form blank.
• FL-303, Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders
  
  • This form tells the court if and how you let the other party know that you are asking the court to make emergency orders.
  • You can also use the form to ask the court to order that notice is not needed before the court makes emergency orders.

Now that you’ve completed your forms, make two copies of form FL-300, Request for Order, and any attachments or supplemental forms (for example, forms FL-105, UCCJEA or FL-150, Income and Expense Declaration).  There is a fee for filing the forms.  To apply for a fee waiver, complete forms FW-001, Request to Waive Court Fees, and FW-003, Order on Court Fee Waiver (Superior Court).

Bring the originals and copies to the Clerk of Court, located in Room 201 of the Visalia Courthouse, or at the filing windows at the South County Justice Center in Porterville or Visalia DCSS office.  When you file your forms, the Clerk will keep the originals and return your copies to you stamped “filed.”  One copy is for your records and the other copy is to be served on the other party.

Copies and filing location for DCSS cases:

• Three copies:  If you are asking to change a child support order that DCSS is enforcing, make three copies of form FL-300, Request for Order and any attachments or supplemental forms. 
  • The third copy will be served on DCSS.
• Filing location:  If your case begins with VFS, you must file at the Court Clerk’s Office inside the Visalia DCSS office, located at 8040 W. Doe Ave., Visalia, CA  93291.
  
  • Documents may only be filed at the Visalia DCSS office Monday through Thursday (the Visalia DCSS office is closed to the public on Friday).
  • If you are filing on a Friday, you may file at either the Visalia Courthouse or South County Justice Center in Porterville.

The next step is to have someone serve your forms on the other party (and DCSS, if the request is for child support and DCSS is enforcing).  The server must be at least 18 years old and not a party to the case. 

Serve the other party with:

• A copy of all documents you filed, including your FL-300, Request for Order, and any attachments or supplemental forms.
• A blank form FL-320, Responsive Declaration to Request for Order.
• A blank form FL-150, Income and Expense Declaration (only if you filed your own FL-150).

(The other party does not need to be served with your Fee Waiver forms)

Method of Service:

• Your documents must be personally served if:
  • The court granted temporary emergency orders pending the hearing,
  • the responding party has not yet appeared in the case, or
  • the court ordered personal service on the other party.
• The other party may be served by mail if:
  • You are requesting a change to an existing order for custody, visitation, or support, and you can verify the other party's current address within the last 30 days.  If so, complete form FL-334, Declaration Regarding Address Verification—Postjudgment Request to Modify a Child Custody, Visitation, or Child Support Order (FL-334).
  • Form FL-334 will be filed with form FL-335, Proof of Service by Mail (see Step 4 below).

After the other party has been served, the server must complete and sign the appropriate Proof of Service form, stating who, when, where, and how the service took place.  Depending on the method of service, the server will complete one of the following forms:

• FL-330, Proof of Personal Service, or
• FL-335, Proof of Service by Mail.

Make one copy of the Proof of Service (and FL-334, if applicable) and bring both the original and copy to the Clerk of Court for filing.  The Clerk will keep the original and give you back a copy for your records.  A filed Proof of Service tells the court that the other party received the forms and was notified of the court date.  If there is no filed Proof of Service, the court may not be able to make orders at the hearing.

The hearing information is listed at Item 2 on form FL-300, Request for Order.  Bring each of your filed forms to the hearing. 

If the parents disagree at the initial hearing on a request for child custody and visitation orders, the judge may:

• refer the parents to meet with a Child Custody Recommending Counselor to develop a parenting plan that is in the child’s best interests, and
• set a further hearing to review the Counselor’s report.