How to Fill Out California Form DV-108 (w/Examples) + FAQs

Form DV-108 is the California Judicial Council form titled Request for Order: No Travel with Children. You file it inside a domestic violence restraining order (DVRO) case to ask a judge to stop the other parent from taking your children out of a stated geographic area, out of California, or out of the United States. The form is part of the California DV-100 packet and is governed by California Family Code section 3048.

According to the U.S. State Department’s Annual Report on International Child Abduction, more than 200 American children are taken to foreign countries every year by a parent without consent, and California consistently ranks among the top three sending states. Filling out DV-108 correctly is often the single barrier between a child and a one-way flight.

Here is what you will learn in this guide:

• 📝 How to complete every line of Form DV-108 without missing a critical box
• ⚖️ How federal law, the Hague Convention, and California Family Code sections 3048 and 6320 interact
• 🛂 How to combine DV-108 with passport-control tools like the Children’s Passport Issuance Alert Program
• 🚨 The seven most common DV-108 mistakes that get requests denied
• 👨‍👩‍👧 Real-world named examples for international, domestic, and military travel disputes

What Form DV-108 Is and Why It Exists

Form DV-108 is a request that travels alongside a Domestic Violence Restraining Order application. It asks the judge to add a no-travel condition to the DVRO so the restrained parent cannot move your children outside specified borders. The form is mandatory when you want this kind of order in a DV case, and judges will reject hand-typed substitutes that do not follow the Judicial Council format.

The form exists because California lawmakers recognized that domestic abusers often use children as leverage. They saw cases where a parent fled with a child to a non-Hague country, leaving the protected parent with almost no way to recover the child. The legislature responded by passing Family Code section 3048, which lists the abduction risk factors a court must analyze before issuing or denying a no-travel order.

The plain-English meaning is simple. If a judge believes there is a credible risk that the other parent might disappear with your child, the judge can bar travel, take passports, and require supervised visits. The consequence of skipping DV-108 is severe: without a written no-travel order, airline staff and border agents have no legal basis to stop a parent who is the child’s legal guardian.

A common misconception is that a generic DVRO automatically blocks travel. It does not. The base DV-130 restraining order covers stay-away and personal-conduct rules, but it does not include geographic travel limits unless you also win a DV-108 order.

Statutory Anchors You Should Know

The first anchor is Family Code section 3048(b)(1), which lists six abduction risk factors a judge weighs. These include prior threats to abduct, lack of strong ties to California, strong ties to a foreign country, and a history of domestic violence. Each factor you can prove raises your odds of winning the order.

The second anchor is Family Code section 6320, which is the broader DVRO statute. It authorizes a judge to issue any order needed to prevent abuse, and California courts read that language broadly enough to cover travel restrictions even before DV-108’s specific factors come into play.

The third anchor is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified at Family Code sections 3400 to 3465. The UCCJEA decides which state has authority to issue custody and travel orders. The consequence of filing in the wrong state is dismissal, and you may lose weeks while the abducting parent gains distance.

The fourth anchor is the Hague Convention on the Civil Aspects of International Child Abduction. The treaty offers a return remedy if the child is taken to a partner country, but it offers nothing if the destination is a non-treaty country. A judge who sees a credible risk of flight to a non-Hague country, like Saudi Arabia or India, will almost always grant DV-108.

Step-by-Step: How to Fill Out Each Line of DV-108

Open the current January 1, 2024 revision of Form DV-108 before you begin. Use blue or black ink, type if possible, and never leave a numbered item blank. If a line does not apply, write N/A so the clerk knows you read it.

Caption and Case Information

The top caption asks for your name, address, phone, email, and the court branch. Use a safe mailing address if you fear the restrained party will track you. The consequence of listing a real home address is direct: the restrained party will receive a copy and can locate you.

Underneath, list the Protected Person (usually you) and the Restrained Person (the other parent). Match the spellings and case number exactly to your DV-100 Request for Restraining Order. A clerical mismatch will bounce the filing back to you and waste a court day.

Item 1 — The Children

Item 1 lists each child’s full legal name, age, and date of birth. Add every child you want covered, even if the restrained party is not biologically related to one of them, because the DVRO can still cover stepchildren who live in the home. Skipping a child means that child is not protected by the order.

A real example: Maria, a mother in Fresno, listed only her two biological children but forgot her 14-year-old stepson, who was also in danger. The judge issued the order as written, and the restrained party legally took the stepson on a flight to Mexico. Always list every child living in the household.

Item 2 — Travel Restriction Requested

Item 2 is the heart of the form. You will check one or more boxes asking the judge to bar the restrained party from removing the children from a city, county, state, or country. Choose the smallest geographic ring that still keeps the children safe, because judges resist orders that look broader than necessary.

The plain-English rule is fit the restriction to the risk. If the danger is a Mexico flight, ask for out of the United States. If the danger is a school-day grab-and-run to Nevada, ask for out of the state of California. The consequence of asking for too narrow an order is gaps the abductor can exploit. The consequence of asking for too broad an order is denial.

Item 3 — Passport and Travel Document Controls

Item 3 lets you ask the court to order the surrender of all the children’s passports and travel documents to the court, your lawyer, or a third party. You can also ask the court to order that no new passports be issued. Federal regulations under 22 C.F.R. § 51.28 require both parents’ consent for a passport for a child under 16, but a court order overrides that rule.

Pair Item 3 with the State Department’s Children’s Passport Issuance Alert Program (CPIAP). The program flags any passport application made for your child and notifies you. The consequence of skipping CPIAP enrollment is that a passport may be issued in another state before your California order reaches federal computers.

Item 4 — Supervised Visitation

Item 4 lets you ask that the restrained party’s visits with the children be supervised by a professional supervised visitation provider. Supervision lowers abduction risk because a neutral monitor is present at every exchange. The cost ranges from $40 to $150 per hour, and California has a fee waiver process under California Rules of Court rule 5.20.

Item 5 — Bond or Security

Item 5 asks the judge to require the restrained party to post a bond. The bond is forfeited if the restrained party violates the travel order. Bonds work because they create financial pain that a violator feels even if they reach a non-Hague country. The bond amount is at the judge’s discretion, but California courts often set it between $10,000 and $250,000 in serious abduction cases.

Item 6 — Other Orders

Item 6 is your catch-all box. Use it to request specific safeguards the form does not list, such as GPS-monitored visitation, prohibited airports, or required check-ins with local police before any in-state travel. Be specific because vague requests get denied.

Item 7 — Facts Supporting the Order

Item 7 is the evidence engine. List the Family Code section 3048(b)(1) factors and explain how each one applies to your case. Attach a Form MC-031 declaration if you need more space, and reference exhibits like text messages, social media posts, or airline searches.

Signature, Date, and Filing

Sign under penalty of perjury. The phrase I declare under penalty of perjury under the laws of the State of California turns your statement into court evidence. Lying carries criminal exposure under Penal Code section 118. File at the same clerk’s window where you filed your DV-100, and request a fee waiver via Form FW-001 if you cannot afford filing costs (DVRO filings are already fee-free under Family Code section 6222).

Three Common DV-108 Scenarios

Real fact patterns help you see how a judge weighs DV-108 requests. The three below are based on patterns described in published California opinions and in State Department prevention guidance.

Scenario 1 — International Abduction Risk

Filing Choice	Court Outcome
Petitioner checks Item 2 out of the United States and Item 3 passport surrender	Judge issues full no-travel order with passport hold and CPIAP enrollment instructions
Petitioner checks only out of California and forgets passports	Restrained party legally drives to Texas, flies to a non-Hague country, and the child is gone

Scenario 2 — Domestic Relocation Dispute

Filing Choice	Court Outcome
Petitioner asks for out of Los Angeles County with detailed Item 7 facts	Judge grants temporary order pending DV-110 hearing
Petitioner asks for out of the United States with no foreign-flight facts	Judge denies as overbroad and orders mediation

Scenario 3 — Military Deployment Travel

Filing Choice	Court Outcome
Servicemember petitioner files DV-108 with Family Code section 3047 deployment notice	Judge issues order tailored to deployment dates and base location
Servicemember relies only on the Servicemembers Civil Relief Act	No travel restriction is issued; civilian parent retains unrestricted travel rights

Three Named Examples to Anchor the Rules

Diego, a father in San Diego, faced a wife who held dual U.S.–Lebanese citizenship and had searched one-way flights to Beirut. He filed DV-108 with Item 2 set to out of the United States, attached screenshots of the flight searches as Item 7 evidence, and asked for passport surrender under Item 3. The judge granted the order within 24 hours, and Diego enrolled in CPIAP the same week.

Aisha, a mother in Oakland, was scared her ex would drive their daughter to his family in Arizona during a custody exchange. She filed DV-108 with Item 2 set to out of the state of California and added a GPS-monitored visit request under Item 6. The judge issued the temporary order, and Aisha later won a permanent order after the DV-109 hearing notice was served.

James, a Navy chief in San Diego, used DV-108 to keep his children inside San Diego County while he was at sea. He cited his deployment papers and the abusive ex’s prior threats. The judge linked the order to his deployment dates and required check-ins before any cross-county travel.

Mistakes to Avoid When Filing DV-108

Mistakes here are not just paperwork problems; they can be the difference between keeping your child and chasing an international abduction case. The list below comes from patterns described in California Courts self-help guidance and from Hague Convention return rate data.

• Leaving Item 7 blank or vague. A judge cannot grant a travel order without specific risk facts, and a blank Item 7 leads to denial.
• Asking for too broad a restriction. Demanding out of the country with only intra-state risk facts signals overreach, and judges scale back or deny.
• Forgetting passport surrender. Without Item 3, the restrained party still holds the child’s travel document, and the order is half-built.
• Not enrolling in CPIAP. The federal alert system catches new passport applications, and skipping it leaves a hole even when DV-108 is granted.
• Listing the wrong children. Stepchildren and unrelated minors in the home need their own line on Item 1, or they are not protected.
• Mismatching the case number. Even one-digit errors send the form back to you, and the abducting parent gains time.
• Filing in the wrong county. Under the UCCJEA, home-state jurisdiction controls, and a misfile can be dismissed.
• Using stale evidence. A 5-year-old text threat carries less weight than last week’s flight search; pair old evidence with new patterns.
• Skipping service. The order has no force until the restrained party is served with the DV-200 proof of service.

Federal Law First, Then California Nuances

Federal law sets the outer ring of authority. The International Parental Kidnapping Crime Act, 18 U.S.C. § 1204, makes it a federal felony to remove a child from the United States with intent to obstruct lawful parental rights. The penalty is up to three years in federal prison, and a DV-108 order is the document FBI agents use to confirm the removal was unlawful.

The Hague Convention sits next. It requires partner countries to return abducted children to their habitual residence, a phrase the U.S. Supreme Court analyzed in Abbott v. Abbott, 560 U.S. 1 (2010). The Court held that a ne exeat travel-veto right counts as a custody right, which is exactly the right DV-108 creates.

California then adds its own layer. In re Marriage of Condon, 62 Cal. App. 4th 533 (1998) is the leading state opinion on international move-aways and stands for the rule that California courts can require a parent to post a substantial bond and submit to California jurisdiction before international travel. Family Code section 3048 codifies that authority and gives the judge a checklist.

Pros and Cons of Filing DV-108

Pros

• Stops abduction before it starts because airlines and border agents will honor a court-stamped travel order.
• Triggers passport controls through Item 3, locking down the single document that allows international flight.
• Supports federal prosecution under 18 U.S.C. § 1204 if the order is later violated.
• Leverages the Hague Convention by establishing a clear ne exeat right, raising the odds of return from partner countries.
• Creates a paper record of risk factors that strengthens later custody and move-away rulings.

Cons

• Requires evidence work because Item 7 must be specific, and gathering proof takes time.
• Can backfire if overbroad, leading judges to deny outright instead of trimming the order.
• Limits the restrained party’s relationship with the children, which can fuel further conflict.
• Does not cover non-Hague countries for return remedies even if the no-travel order is in place.
• Requires service, and dodging defendants can delay enforcement for weeks.

Do’s and Don’ts Checklist

Do’s

• Do match the case caption to your DV-100 exactly because clerical errors cost days.
• Do attach an MC-031 declaration when Item 7 needs more space.
• Do enroll in CPIAP the same day you file because federal alerts close gaps.
• Do list every child in the home, including stepchildren, on Item 1.
• Do request supervised visitation under Item 4 when abduction risk is high.

Don’ts

• Don’t leave Item 7 blank because empty facts equal a denied order.
• Don’t ask for international restrictions when only domestic risk exists.
• Don’t forget Item 3 passports because the order is half-built without them.
• Don’t file in a county that lacks home-state jurisdiction under the UCCJEA.
• Don’t rely on a generic DVRO; you must file DV-108 to win travel limits.

Key Entities, People, and Organizations

The California Judicial Council drafts and revises DV-108. The State Department’s Office of Children’s Issues operates CPIAP and handles outgoing Hague petitions. The FBI’s Crimes Against Children Unit investigates 18 U.S.C. § 1204 violations.

Local players matter, too. The California Department of Justice Missing Persons Unit coordinates AMBER Alerts and child recovery. County family law facilitators provide free help filling out DV-108. Domestic violence advocates from Cal OES-funded shelters often accompany petitioners to court and help write Item 7.

What Happens After You File DV-108

The clerk usually routes your packet to a same-day judge for a temporary ruling on Form DV-110. The judge can grant the travel order ex parte, meaning without notice to the other side, when there is immediate risk. The temporary order lasts 21 to 25 days, until your full hearing under Form DV-109.

You must serve the restrained party with the temporary order and the hearing notice through a non-party adult, and you file proof using Form DV-200. Without service, the order is unenforceable. The consequence of bad service is a continued hearing and a window where the restrained party can still travel.

At the hearing, the judge weighs the Family Code section 3048(b)(1) factors a second time with both sides present. If you win, the judge fills out Form DV-145, Order: No Travel with Children, which becomes the long-form order police and airlines rely on. The order can last up to five years and can be renewed under Family Code section 6345.

Frequently Asked Questions

Is Form DV-108 free to file in California?

Yes. Domestic violence filings are fee-free under Family Code section 6222, and DV-108 is part of that package. You will not pay a clerk fee, sheriff service fee, or certified-copy fee.

Can I file DV-108 without filing a DV-100 first?

No. DV-108 is an attachment to an active DVRO request, so you must file or already have an open DV-100 case. Without that base case, the clerk will reject DV-108.

Does DV-108 stop the other parent from getting a passport for my child?

Yes. When you check Item 3 and the judge signs DV-145, the State Department will refuse a new passport, especially when paired with CPIAP enrollment. Federal regulation 22 C.F.R. § 51.28 backs that refusal.

Can grandparents or stepparents file DV-108?

Yes. Any person eligible to seek a DVRO under Family Code section 6211 can file DV-108 to protect minors in their household. That includes grandparents with caregiver authority and stepparents living with the child.

Will the judge always require a bond from the restrained party?

No. Bonds under Item 5 are discretionary, and many judges skip the bond if abduction risk seems low. Judges almost always require bonds when foreign ties or non-Hague country risk appears.

Does DV-108 work if the other parent already left California with my child?

No. A no-travel order is preventive, not recovery-based. You then need a Hague Convention return petition or a UCCJEA enforcement order under Family Code section 3442.

Can DV-108 cover travel to Native American tribal land?

Yes. California courts recognize tribal jurisdiction under the Indian Child Welfare Act, and a DV-108 order can prohibit removal to tribal land within or outside California when risk facts justify it.

Will DV-108 be granted at the temporary ex parte stage?

Yes. Most California judges grant temporary DV-108 orders the same day when Item 7 shows credible abduction risk. Final orders require the noticed hearing on DV-109.

Can a DV-108 order be modified later?

Yes. Either parent can file Form DV-300 Request to Change Order when circumstances change, such as completion of a batterer’s program or a passport application by a third country.

Does DV-108 affect existing custody orders from a divorce case?

Yes. A DV-108 ruling overrides conflicting custody travel terms while the DVRO is active under Family Code section 3044, which presumes joint custody is detrimental when domestic violence is found.

Is violating a DV-108 order a crime?

Yes. Violation is a misdemeanor under Penal Code section 273.6, and removing a child from the United States can become a federal felony under 18 U.S.C. § 1204.

Do I need a lawyer to file DV-108?

No. Self-represented petitioners file DV-108 every day with help from court self-help centers, although a certified family law specialist raises your odds in complex international cases.