California Form FL-300 is the official Request for Order that asks a family court judge to make, change, or end an order about custody, visitation, child support, spousal support, attorney’s fees, or property control. You fill it out by checking the boxes that match what you want, attaching the right supporting forms (like the FL-150 Income and Expense Declaration or the FL-311 Child Custody and Visitation Attachment), signing under penalty of perjury, filing it with the clerk, paying the fee (or filing a fee waiver), and serving the other side at least 16 court days before the hearing under California Rules of Court, rule 5.92.
Filing the wrong form, missing a required attachment, or serving late can get your hearing dropped from the calendar, and the Judicial Council reports that California family courts handle more than 400,000 family law filings every year, many of which are FL-300 requests. A small mistake on this form can delay your case by months, cost you support arrears, or even cost you time with your children.
Here is what you will learn in this guide:
- 📝 How to complete every line of the FL-300 step by step with real examples
- ⚖️ Which attachments you must include for custody, support, and fees
- 🚨 How to ask for emergency (ex parte) orders using FL-305 and CRC 5.151
- 📬 Exactly how and when to serve the other party to avoid a continuance
- ❌ The most common mistakes self-represented parents make and how to avoid them
What Form FL-300 Is and Why It Matters
Form FL-300 is the statewide Judicial Council form that opens a post-judgment or pre-judgment motion in a California family law case. It is the doorway to almost every order a family court judge can make outside of trial. If you want the court to do something — change custody, set support, freeze a bank account, order counseling, or award attorney’s fees — you almost always start with this form. The form replaced the old “Order to Show Cause” (OSC) and “Notice of Motion” forms in 2013 to create one unified Request for Order procedure.
The plain-English meaning is simple: FL-300 is how you ask the judge for something. The consequence of skipping this form, or using the wrong form, is that the clerk will reject your filing or the judge will refuse to hear your request. A real-world example: Maria in Los Angeles wanted to lower her child support because she lost her job. She wrote a letter to the judge instead of using FL-300. The court returned her letter unfiled, and three months of unpaid support piled up before she figured out the right form. A common misconception is that you can use FL-300 to appeal a ruling — you cannot. Appeals go to the Court of Appeal, not back to the family court that made the order.
The Legal Authority Behind FL-300
FL-300 is authorized by California Family Code section 215 and is governed by California Rules of Court, rules 5.92 through 5.111. These rules tell you what the form must contain, how to serve it, and what attachments are required. The consequence of ignoring these rules is that the judge can deny your request without even reading it. For example, James in San Diego filed an FL-300 asking for sole custody but forgot to attach the FL-311. The judge took the custody request off calendar and made him refile, which delayed his hearing by six weeks. A common misconception is that the rules are flexible — they are not. Judges enforce them strictly because California family courts handle very high volumes.
When You Need FL-300 vs. Other Forms
You use FL-300 for noticed motions — requests where the other party gets at least 16 court days to respond. You do not use FL-300 to start a divorce (that is FL-100), to start a parentage case (FL-200), or to ask for a domestic violence restraining order (that is DV-100). The consequence of mixing these up is wasted filing fees and lost time. For example, Priya in Alameda County tried to use FL-300 to start her divorce — the clerk rejected it and she had to pay a new $435 filing fee for the correct FL-100. A common misconception is that FL-300 can be used to enforce orders; for enforcement, you generally need an FL-410 Order to Show Cause and Affidavit for Contempt or a wage assignment.
Before You Fill Out FL-300: What to Gather
Before you touch the form, gather your documents. You need your case number, your most recent court orders, three months of pay stubs, your most recent tax return, and any evidence (texts, emails, photos, school records) that supports what you are asking for. You also need the other party’s current address for service. Missing any of these can stall your case. The form itself is only three pages, but the supporting paperwork can run 20 pages or more.
A real-world example: David in Sacramento wanted to modify spousal support because his ex-wife got a high-paying job. He filed FL-300 without proof of her new income. The judge denied the request because David had no evidence — only suspicion. A common misconception is that the judge will “investigate” facts for you. The judge will not. You must bring proof. Under Evidence Code section 500, the party asking for an order has the burden of proof.
Required Attachments by Request Type
Different requests need different attachments. For child custody or visitation, you must attach FL-311 and, if the child has lived in another state, the FL-105 UCCJEA Declaration. For child or spousal support, you must attach the FL-150 Income and Expense Declaration — and it must be current (less than 90 days old, per CRC 5.260). For attorney’s fees, attach FL-319 and a supporting declaration FL-158. The consequence of missing an attachment is that the judge can refuse to hear that part of your request. For example, Lisa in Orange County asked for $3,000/month child support but forgot her FL-150 — the judge continued the hearing 45 days, and Lisa lost a month and a half of potential support.
Filing Fees and Fee Waivers
The current filing fee for FL-300 is $60 under Government Code section 70617, though some counties charge nothing if it is your first post-judgment motion. If you cannot afford the fee, file a Request to Waive Court Fees (FW-001). The consequence of not paying and not filing a waiver is that the clerk will not file your motion. For example, Carlos in Fresno filed FL-300 on a Friday afternoon but forgot the $60 — by the time he came back Monday, his proposed hearing date was no longer available and his service deadline got tighter. A common misconception is that fee waivers are hard to get; in reality, anyone receiving Medi-Cal, CalFresh, SSI, or SSP qualifies automatically.
Step-by-Step: Filling Out FL-300 Line by Line
The FL-300 has a caption, ten numbered items, and a signature block. Every line matters. Skipping or guessing on any line can sink your motion. Below is a walk-through of each section with examples.
Caption: Court, Parties, and Case Number
At the top, fill in your attorney information (or write “In Pro Per” if you represent yourself), the superior court branch, the petitioner’s name, the respondent’s name, and the case number. Use the exact names and case number from your original filing. The consequence of a typo is that the clerk may not match your motion to your case, and it can sit in limbo. For example, Anna in Riverside wrote “Anna M. Smith” on FL-300 when her case originally said “Anna Marie Smith” — the clerk flagged it and held the filing for three days. A common misconception is that small differences do not matter; in a digital filing system, they do.
Item 1: Who Is Asking and What You Want
Item 1 asks you to check whether you are the petitioner, respondent, claimant, or other party, and to check the boxes for the orders you want — child custody, visitation (parenting time), child support, spousal or partner support, attorney’s fees and costs, property control, or “other.” You can check more than one box. The consequence of leaving a box unchecked is that the judge will not consider that issue. For example, Marcus in Contra Costa wanted both custody and support but only checked the custody box; the judge refused to address support at the hearing. A common misconception is that mentioning support in your declaration is enough — it is not; you must check the box.
Item 2: Time for Service
Item 2 is for shortening time for service. Normally, you must serve the other party at least 16 court days before the hearing, per CRC 5.92(c). If you need a faster hearing, check item 2 and explain why in an attached declaration. The consequence of an unsupported request to shorten time is denial. For example, Rachel in Santa Clara checked item 2 without explaining the urgency, and the judge struck her hearing date. A common misconception is that “I really need it fast” is enough; courts require good cause such as imminent harm, a move, or a school enrollment deadline.
Item 3: Child Custody and Visitation
Item 3 is where you specify the custody and visitation orders you want. You must attach FL-311 to give the details — legal custody, physical custody, weekday and weekend schedule, holidays, transportation, and travel. You can also attach FL-341(A)-(E) for stipulated joint custody, supervised visitation, or children’s holiday schedules. The consequence of vague language is that the judge will write vague orders that are hard to enforce. For example, Tom in Kern County wrote “reasonable visitation” without specifics; six months later he and his ex were back in court because they could not agree on what “reasonable” meant. A common misconception is that you can leave details for the parents to “work out” — courts strongly prefer specific schedules.
Item 4: Child Support
Item 4 asks for the amount of child support and the start date. California uses a statewide guideline formula under Family Code section 4055. Run the guideline calculator and write the result. The consequence of guessing is that the judge will run their own calculation and may order a number very different from what you wanted. For example, Sarah in San Bernardino asked for $1,200/month based on a friend’s case; the guideline came out to $1,850, and Sarah lost $650/month she could have gotten. A common misconception is that child support is negotiable below guideline — under Family Code section 4065, it is not, unless both parents agree in writing and the children’s needs are met.
Item 5: Spousal or Partner Support
Item 5 covers spousal support (also called alimony). For temporary support before judgment, courts use local guideline calculators like the DissoMaster. For permanent (post-judgment) support, courts must consider the 14 factors in Family Code section 4320, and you should attach FL-157 to address each one. The consequence of skipping 4320 analysis post-judgment is that the judge can deny your request outright. For example, Kevin in San Mateo asked for $4,000/month long-term support but never addressed 4320 factors — the judge gave him $1,500 because he failed to show the marital standard of living. A common misconception is that temporary and permanent support use the same math; they do not.
Item 6: Attorney’s Fees and Costs
Item 6 lets you ask the other party to pay your attorney’s fees under Family Code sections 2030 and 2032 (need-based) or section 271 (sanctions for bad conduct). Attach FL-319 and FL-158. The consequence of vague fee requests is denial. For example, Jasmine in Los Angeles asked for “reasonable fees” with no attachments — the judge denied the request without prejudice. A common misconception is that the higher-earning spouse always pays; courts look at need and the ability to pay.
Item 7: Property Control
Item 7 asks the court to control community property during the case — for example, ordering exclusive use of the family home, the car, or a bank account, under Family Code section 6324. The consequence of skipping this when one spouse is draining accounts is permanent loss of community assets. For example, Daniel in Ventura did not ask for property control, and his wife emptied a $40,000 joint savings account before the next hearing. A common misconception is that the Automatic Temporary Restraining Orders (ATROs) on the back of the summons prevent everything — they do not prevent normal living expenses.
Item 8: Other Relief
Item 8 is a catch-all. Use it for things like ordering counseling, drug testing under Family Code section 3041.5, appointing a minor’s counsel, or restraining harassment under Family Code section 6320. The consequence of being vague is that the judge will not know what to order. For example, Olivia in Alameda wrote “I want him to stop bothering me” in item 8; the judge could not tell if she wanted a restraining order or just an admonition, and denied the request. A common misconception is that item 8 is unlimited — judges still need specific, lawful, well-supported requests.
Item 9: Facts in Support
Item 9 is where you attach your declaration explaining the facts. You can use the lines on the form, but most cases need more space — attach an MC-031 Attached Declaration. Per CRC 5.111(b), declarations in family law are capped at 10 pages unless the court grants leave to exceed. The consequence of a 30-page declaration is that the judge can disregard everything past page 10. For example, Robert in Yolo filed a 47-page declaration; the judge struck pages 11-47 sua sponte. A common misconception is that more is better; judges value short, focused, fact-based declarations with exhibits.
Item 10: Signature
Item 10 is your signature under penalty of perjury per Code of Civil Procedure section 2015.5. Date it the day you sign. The consequence of a false statement is criminal perjury and, in family court, a likely loss of credibility on every other issue. For example, Brian in Stanislaus claimed under penalty of perjury that he earned $3,000/month; his W-2 showed $9,000/month, and the judge awarded sanctions under section 271. A common misconception is that “rounding” is harmless — it is not; courts treat misstatements seriously.
Three Common FL-300 Scenarios
Below are the three most common scenarios that bring people to Form FL-300, with the move you make and what happens if you do it wrong.
Scenario 1: Modifying Child Support After a Job Loss
| Your Move | What the Court Does |
|---|---|
| File FL-300 + FL-150 within 30 days of job loss and request retroactive modification | Court can modify support back to the filing date under Family Code § 3653 |
| Wait six months hoping the job comes back before filing | Arrears keep building at the old rate; no retroactive relief is available |
| File FL-300 but skip the FL-150 | Judge continues the hearing; you lose 45+ days of support relief |
Scenario 2: Move-Away Request (Relocating With Children)
| Your Move | What the Court Does |
|---|---|
| File FL-300 + FL-311 with detailed LaMusga factors declaration | Court applies the Marriage of LaMusga analysis and may allow the move |
| Move first, then file FL-300 from the new state | Court can order children returned and may change primary custody |
| File FL-300 with no detail about schools, jobs, or family support at the new location | Court denies the move for lack of good faith showing |
Scenario 3: Spousal Support Termination After Cohabitation
| Your Move | What the Court Does |
|---|---|
| File FL-300 with proof of Family Code § 4323 cohabitation | Court applies the rebuttable presumption of decreased need; support often drops or ends |
| Stop paying support unilaterally because “she’s living with someone” | Wage garnishment continues; you owe arrears plus 10% statutory interest |
| File FL-300 with only suspicion, no investigator report or photos | Judge denies for lack of evidence; you pay opposing attorney’s fees |
Emergency (Ex Parte) Requests With FL-300 and FL-305
If you need an order before a 16-court-day hearing can be set, you file an ex parte (emergency) request using FL-300 together with Form FL-305 (Temporary Emergency Orders). Ex parte requests are governed by CRC 5.151, which requires you to show irreparable harm, immediate danger, or a statutory basis for emergency relief. You must also give the other side notice by 10:00 a.m. the court day before the hearing under CRC 5.165, unless notice would frustrate the order (for example, a child abduction risk).
The consequence of filing ex parte without true emergency facts is that the judge will deny the temporary order and may schedule the matter as a regular motion, costing you weeks. For example, Elena in San Joaquin filed ex parte because she was “upset” about her ex’s new girlfriend — the judge denied the request and set a regular hearing 45 days out. A common misconception is that ex parte is a way to skip the line; it is reserved for true emergencies. Courts are increasingly strict because Judicial Council ex parte data shows the volume of meritless ex parte applications keeps rising.
When Ex Parte Is Appropriate
Appropriate ex parte situations include: imminent risk of child abduction, threats of harm to a child or spouse, draining of community accounts, the other parent enrolling a child in a new school without consent, or a sudden medical decision the parents cannot agree on. For example, Hector in Imperial County filed ex parte when his ex bought one-way tickets to Mexico for their child — the judge granted a temporary order surrendering passports. A common misconception is that financial inconvenience is enough; courts require a true emergency.
Serving FL-300 the Right Way
Service is the legal step that tells the other party your motion has been filed. You may not serve FL-300 yourself. A person 18 or older who is not a party must serve it, usually by personal service or, if the other party already appeared, by mail. The server must complete a Proof of Service (FL-335) and file it with the court before the hearing. The consequence of bad service is that the judge will take your hearing off calendar, no matter how strong your facts are. For example, Nina in Sonoma had her cousin serve her ex but did not file the FL-335 — the judge could not confirm service and continued the hearing 30 days.
Timing Rules You Cannot Miss
For a noticed motion, you must serve at least 16 court days before the hearing, plus 5 calendar days if you serve by mail within California (10 days if outside California, 20 days if outside the U.S.), per Code of Civil Procedure section 1005(b). Many counties also require local Responsive Declarations (FL-320) to be filed and served 9 court days before. The consequence of missing the deadline by even one day is a continuance. For example, Greg in San Francisco served by mail 18 court days before the hearing, forgetting to add 5 days — the judge bumped the hearing 6 weeks.
Mistakes to Avoid
Below are the most common FL-300 mistakes and the outcome each one creates.
- Filing without the FL-150 in a support case — judge continues the hearing and you lose weeks of support
- Missing the FL-311 in a custody case — custody issues are dropped from the hearing
- Writing a 30-page declaration — anything past page 10 can be stricken under CRC 5.111(b)
- Serving 15 court days before the hearing instead of 16 — hearing is taken off calendar
- Forgetting the meet and confer on custody under CRC 5.98 — court can deny the motion in mandatory mediation counties
- Failing to file the FL-335 proof of service before the hearing — judge cannot confirm jurisdiction over the other party
- Using FL-300 to enforce an existing order — wrong form; you need FL-410 or a wage assignment
- Asking for retroactive child support before the filing date — courts cannot reach back further than the filing date under Family Code § 3653
- Forgetting to check the box for each form of relief in item 1 — uncheck means no order
- Listing the wrong case number or misspelling a party’s name — clerk holds the filing
- Filing ex parte without notice by 10:00 a.m. the day before — request denied under CRC 5.165
- Failing to attach a current FL-150 (older than 90 days) — judge may strike the financial portion
Do’s and Don’ts for FL-300
The following Do’s and Don’ts come from common rulings across California family courts.
- Do run the DCSS guideline calculator before you write a support number, because judges follow the guideline
- Do attach a focused declaration under 10 pages, because CRC 5.111(b) caps length
- Do include school calendars, work schedules, and exhibits as separate attachments, because the judge needs context
- Do use MC-025 attachment pages for long exhibits, because they are clerk-friendly
- Do file a Notice of Lodgment in counties that require it, because local rules vary
- Don’t insult or attack the other parent in the declaration, because judges discount emotional filings
- Don’t request anything the court has no power to grant (like criminal punishment), because it shows lack of preparation
- Don’t file FL-300 to relitigate issues already decided without showing a change of circumstances, because Marriage of Brown & Yana requires it
- Don’t serve by mail at the last minute, because the 5-day mail rule eats your timeline
- Don’t forget to bring extra copies to the hearing, because some judges require courtesy copies
Pros and Cons of Using FL-300 Yourself
Self-filing FL-300 has real benefits and real risks.
- Pro: Saves attorney fees, often $2,000-$5,000 per motion, because you do your own drafting
- Pro: Forces you to learn your case, because you read every rule and statute
- Pro: Free help is available through Family Law Facilitators in every county, because the Legislature funds them
- Pro: You control the timing of filing, because you do not wait on an attorney’s calendar
- Pro: Online tools like TurboCourt walk you through the form, because they auto-fill captions
- Con: Procedural mistakes are common, because rules are technical
- Con: You cannot get neutral legal advice from the clerk, because clerks are barred from giving advice
- Con: Emotional cases (custody, abuse) are hard to present without bias, because you are the witness
- Con: Opposing counsel may exploit small mistakes, because they know the local rules
- Con: Bad filings can be cited against you later, because the file is permanent
Key Entities You Will Encounter
Several people and offices play roles in an FL-300 case. The judge decides the motion. The clerk files documents and sets hearings but cannot give legal advice. The Family Law Facilitator offers free help with forms and guideline calculations in every California county under Family Code section 10005. The Department of Child Support Services (DCSS) enforces child support orders statewide. Court-connected mediators under Family Code section 3170 help parents settle custody disputes before the hearing. Minor’s counsel can be appointed under Family Code section 3150 to represent the child.
Knowing who does what saves you time. For example, Diana in Tulare kept calling the judge’s clerk for legal advice; the clerk could not help, and Diana wasted three weeks before going to the Family Law Facilitator who solved her issue in one visit. A common misconception is that the judge “knows” your case before the hearing; most judges read the file the morning of the hearing.
Court Rulings That Shape FL-300 Practice
Several appellate rulings change how judges decide FL-300 motions. In re Marriage of LaMusga (2004) 32 Cal.4th 1072 sets the framework for move-away cases, focusing on the child’s interest in stability and the reasons for the move. In re Marriage of Brown & Yana (2006) 37 Cal.4th 947 holds that a non-custodial parent is not entitled to an evidentiary hearing on a move-away absent a prima facie showing of detriment. In re Marriage of Burgess (1996) 13 Cal.4th 25 established that a custodial parent has a presumptive right to relocate. Montenegro v. Diaz (2001) 26 Cal.4th 249 defines when a custody order is “final” and triggers the changed circumstances rule.
The consequence of ignoring these cases is that your declaration may miss the legal test the judge applies. For example, Felipe in Monterey filed a move-away request without ever mentioning LaMusga factors; the judge denied the move because Felipe never showed how the child’s interests were protected. A common misconception is that case law only matters for lawyers — it shapes every contested FL-300 ruling.
After the Hearing: What Happens Next
After the hearing, the judge will issue findings on the record and someone — usually the prevailing party — prepares a written order on Form FL-340 (Findings and Order After Hearing), with attachments like FL-341 for custody and FL-342 for support. You must serve the signed order on the other party. The consequence of skipping the written order is that the ruling is hard to enforce — wage assignments and contempt actions require a signed, filed order.
For example, Theresa in Solano won her hearing but never prepared the FL-340; her ex-husband simply ignored the verbal ruling, and Theresa had no enforceable document for four months. A common misconception is that the court reporter’s transcript is the order — it is not. The court’s written order is what counts. Under CRC 5.125, the prevailing party generally has 10 calendar days to prepare and serve the proposed order.
Frequently Asked Questions
Can I file FL-300 before my divorce is final?
Yes. You can file FL-300 at any stage of a family law case after the initial petition has been filed and served. Most temporary custody and support orders come from pre-judgment FL-300 motions.
Do I need a lawyer to file FL-300?
No. Many Californians file FL-300 themselves, and every county has a free Family Law Facilitator. A lawyer helps for high-conflict, high-asset, or move-away cases where the legal standard is technical.
Can I file FL-300 to change a final custody order?
Yes. You can file FL-300 to modify final custody, but you must show a significant change of circumstances under Montenegro v. Diaz before the court will reopen the issue.
Is there a filing fee for FL-300?
Yes. The fee is generally $60, though it can be waived with form FW-001 for people receiving Medi-Cal, CalFresh, SSI, SSP, or who otherwise show financial hardship.
Can I serve FL-300 myself on the other parent?
No. You cannot personally serve any party. Service must be done by someone 18 or older who is not a party to the case, and they must complete the FL-335 Proof of Service.
Can FL-300 give me an emergency restraining order?
No. Restraining orders for domestic violence use form DV-100, not FL-300. FL-300 with FL-305 can grant emergency family law orders like temporary custody, but not protective orders for abuse.
Will the judge read my entire declaration?
Yes. Judges read declarations, but California Rules of Court rule 5.111(b) caps them at 10 pages. Anything longer can be stricken, so keep the declaration focused on facts and exhibits.
Can I ask for retroactive child support on FL-300?
Yes. But only back to the date you filed FL-300, under Family Code section 3653. The court cannot reach earlier dates absent very limited exceptions.
Do I have to attend mediation before my custody hearing?
Yes. Under Family Code section 3170, all contested custody and visitation issues must go to court-connected mediation (called “Child Custody Recommending Counseling” in some counties) before the hearing.
Can FL-300 be used to enforce a child support order?
No. Enforcement of support uses wage assignments, DCSS services, or contempt actions on form FL-410. FL-300 is for creating or modifying orders, not enforcing them.
Can I file FL-300 in any California county?
No. You must file in the county where your original case is open. Filing in the wrong county will get your motion rejected or transferred.
Is FL-300 the same as an Order to Show Cause (OSC)?
Yes and no. FL-300 replaced the OSC and Notice of Motion forms in 2013 as the unified “Request for Order.” The legal effect is the same as the old OSC.
Can I withdraw an FL-300 after I file it?
Yes. File a Request for Dismissal (CIV-110) or a written withdrawal before the hearing. Notify the clerk so the matter is dropped from the calendar.
Does FL-300 stop ATROs from applying?
No. The Automatic Temporary Restraining Orders on the back of the summons stay in place throughout the case and are not affected by FL-300, except where the court issues a specific order on property control.
Can grandparents file FL-300 for visitation?
Yes. Grandparents can seek visitation under Family Code sections 3103 and 3104, but they must usually intervene in an existing case or open a parentage action first.
Related reading
- How to Fill Out California FL-685 (w/Examples) + FAQs
- How to Fill Out California Form FL-120 (w/Examples) + FAQs
- How to Fill Out California Form FL-220 (w/Examples) + FAQs
- How to Fill Out California Form FL-380 (w/Examples) + FAQs
- How to Fill Out California Form FL-410 (w/Examples) + FAQs
- How to Fill Out California Form FL-600 (w/Examples) + FAQs