To fill out California Form FL-300, provide your case details, check the orders you want, and clearly explain your reasons on the form and attached pages.
According to a 2023 California Courts report, over 60% of self-represented family law litigants make mistakes on forms like Form FL-300, risking delayed hearings or even denials due to incorrect paperwork. If you’re facing a family law issue in California, filling out Form FL-300 properly is crucial to get your day in court without costly setbacks. Below is an expert guide (with examples) to help you master this form on the first try.
What you’ll learn in this guide:
- 📋 Step-by-step instructions to complete each part of Form FL-300 correctly, from the case caption to the signature line.
- ⚠️ Common mistakes to avoid that often lead to rejected forms or delayed hearings (and how to avoid them).
- 📝 Real examples and scenarios (child custody, support, etc.) showing how to fill out FL-300 for different requests.
- 🔍 Key requirements, attachments, and terms (like FL-150, FL-311, ex parte requests) explained in simple language.
- 💡 Pro tips and FAQs on filing, serving, and what to expect after you submit Form FL-300 to the court.
What Is California Form FL-300 (Request for Order) and Why It Matters
Form FL-300, officially called a Request for Order, is the primary California court form you must fill out to ask a family law judge for a new order or a change to an existing order. In simpler terms, if you need the court to do something in an ongoing family case (like change custody, adjust child support, or enforce a part of your divorce judgment), you have to file an FL-300. The judge won’t consider your request unless it’s on this form — a phone call or informal letter won’t cut it.
Family law is governed by state law (not federal), so every state has its own way for people to request court orders. In California, the Judicial Council (the organization that creates state court forms) has standardized this process with Form FL-300 for all family courts across the state. Other states may use a generic “motion” or letter to the court, but California requires this specific form. This means whether you’re in Los Angeles or a small county court, FL-300 is the form to schedule a hearing in a family case.
When do you use FL-300? Anytime you need a judge’s decision on a family law issue after the initial case has been opened. Common situations include: modifying child custody or visitation schedules, changing child or spousal support amounts, requesting attorney’s fees, or asking for a specific order (for example, for property control or a travel authorization). You can even use FL-300 to ask for temporary emergency orders (if something can’t wait until a regular hearing), by checking a box and filing additional forms. In short, FL-300 is your ticket to get a court date and tell the judge what you’re requesting and why.
Important: You must already have an existing family law case (like a divorce, parentage, or custody case) to use FL-300. If you don’t have a case yet, you first need to start one (for example, file a divorce petition or a parentage petition). FL-300 is not used to begin a brand new case; it’s used within an ongoing case to address issues. Once you have a case, filling out FL-300 properly is vital — errors or omissions can lead to the court rejecting your filing or delaying your hearing. Next, we’ll walk through exactly how to fill out this form step by step.
Step-by-Step: How to Fill Out Form FL-300 in California
Filling out Form FL-300 might seem daunting, but breaking it down into steps makes it manageable. Here’s a step-by-step guide to completing every part of the form correctly:
Step 1: Provide Your Case Information at the Top of the Form
Start at the very top of FL-300, which is the form’s header (caption) section. This part identifies your case so the court knows who is involved:
- Your Name and Address: In the top left, fill in your name, mailing address, phone number, and email (if you have one). This is your contact info as the person filing the request. If you have an attorney, they would fill in their info here instead (and include their State Bar number), but if you’re representing yourself, just provide your own info and check the box for “self-represented”.
- Court Address: Just below that, you’ll see spaces for the court’s name and address. Write the Superior Court of California county name and the courthouse address where your case was filed. For example, “Los Angeles County Superior Court, 111 N. Hill St., Los Angeles, CA 90012” or whichever courthouse is handling your case. This ensures the paperwork goes to the right court.
- Parties and Case Number: Next, fill in the names of the Petitioner and Respondent exactly as they appear on all your case papers. The Petitioner is the person who started the case originally, and the Respondent is the other party. If your case has a long caption (for example, Department of Child Support Services involvement or a third party), include “Other Parent/Party” if applicable. Also, write your case number in the case number box. Double-check the case number; an incorrect or missing case number is a common mistake that can cause confusion or filing errors.
At the right side of the header, there may be a section labeled “FOR COURT USE ONLY” – leave that blank. The court clerk will stamp and fill in the hearing information there after you file (such as the date, time, and department of your hearing). Your job is to complete all the personal and case-identifying information in the caption so the form is properly labeled for the court.
Step 2: Indicate What Type of Orders You Are Requesting
Just below the case caption, the form will ask what you are requesting. You’ll typically see checkboxes for options like “Change” or “Temporary Emergency Orders”:
- If you are asking to change an existing order, check the box labeled “Change.” This tells the court you already have an order (for example, a prior custody arrangement or support amount) that you want to modify with this request.
- If you need temporary emergency orders (often called ex parte orders) before the full hearing, check the “Temporary Emergency Orders” box. This is only if you have an urgent situation that can’t wait (like a immediate risk to a child or urgent financial issue). Note: Emergency requests have extra steps — if you check this, you must also fill out additional forms (specifically, FL-305 Temporary Emergency Orders and FL-303 Declaration re: Notice for Ex Parte). We’ll touch more on this in the supporting documents section, but be sure to only check emergency if truly necessary.
If neither applies (for example, it’s a new request in the case and not an emergency), you might not need to check any box there. However, usually you’ll be either modifying something or seeking some order, so “Change” is common.
After those options, FL-300’s first page might also have a section to specify who you want the order against or for (for example, “To: [the other party’s name]”). Ensure you fill in the name of the other party (or parties) who should respond to this request. This usually is just the other parent or spouse in your case. If the Department of Child Support Services (DCSS) is involved in your case (for child support enforcement), include them as well if your request relates to child support.
Step 3: Complete the Details of Your Requests (Items 1–7 on the Form)
Now we get to the heart of FL-300: telling the court what specific orders you want. Form FL-300 has a series of numbered sections (usually Items 1 through 7) corresponding to different types of orders. You only need to fill out the sections that apply to your situation and you can leave others blank. We’ll go through each item and what to do:
- Item 1 – Restraining Order Information: This section asks if there are any existing restraining or protective orders between you and the other party. If no restraining orders exist, you can leave Item 1 blank (it’s not asking for a new restraining order; it’s just informational). If there is a restraining order in effect (for example, a domestic violence restraining order), you should check the appropriate box and attach a copy of that order to your request. It’s important for the judge to know about any active restraining orders, as it may affect how or if the hearing is conducted. (If a domestic violence restraining order is still in effect, you typically should not use FL-300 to change it — you’d use a DV-specific form.)
- Item 2 – Child Custody and Visitation (Parenting Time): You’ll fill this out if you are requesting anything related to child custody or visitation. There are usually sub-options here:
- You might see checkboxes to indicate whether you want to establish a custody/visitation order or change an existing one.
- Provide a brief description of what schedule or custody arrangement you are asking for. For example: “Modify custody to joint legal custody and change visitation so that I have custody on weekdays and other parent on weekends.”
- There is limited space, so keep it succinct on the form. You will provide detailed reasons in Item 9 (Facts) later or in an attachment.
- Attachment: If you’re dealing with custody/visitation, you should attach Form FL-311 (Child Custody and Visitation Attachment) to outline the specific schedule and terms you want. FL-311 is designed to let you specify holiday schedules, exchange times, etc., in detail. Mention on FL-300 Item 2, “See attached FL-311 for proposed parenting plan.”
- If this is the first custody request in a case involving a child who has lived in different states, also attach Form FL-105 (UCCJEA), which provides information on the child’s residence history (this form is required by law so the court knows if it has jurisdiction in child custody matters).
- Item 3 – Child Support: Fill this out if you want to start, change, or stop child support. Indicate what you’re asking (e.g., “Increase child support to $500/month” or “Start a child support order for our two children”). Because child support is financial, the court will require more information:
- Income and Expense Declaration: If you request child support, you (and the other parent) need to provide financial details. You should complete and attach Form FL-150 (Income and Expense Declaration) along with your FL-300. Check a box on FL-300 Item 3 indicating that an FL-150 is attached. FL-150 is a separate form where you disclose your income, expenses, and assets — it’s critical for the judge to calculate support.
- If the local child support agency (DCSS) is involved in your case, make sure to serve them a copy of your FL-300 and include them in the service list (more on service later).
- Item 4 – Spousal or Partner Support: Use this if you want to start, modify, or terminate spousal support (alimony) or domestic partner support. Examples: “Suspend spousal support order during period of unemployment” or “Terminate spousal support as of June 1, 2025.” Similar to child support, financial attachments are needed:
- You’ll also need to attach Form FL-150 (Income and Expense Declaration) here, since spousal support decisions depend on finances.
- If this request is to modify a post-judgment spousal support order (meaning you already have a final divorce judgment with spousal support and now you want to change it), California requires an additional attachment: Form FL-157 (Spousal or Partner Support Declaration Attachment). FL-157 is a form where you explain any change in circumstances since the last order (like retirement, job loss, significant change in income, etc.) and provide details for the factors the court considers in support. Attach FL-157 and note on Item 4 that you’ve attached it as required for modifications after judgment.
- Item 5 – Property Control: Fill this out if you need an order about property control. This is less common but covers things like: ordering a party to maintain an insurance policy, or requesting a spouse to not sell a property, or an order for use of a family home or car while the case is ongoing. If, for example, you want the court to order that you can use the marital home exclusively, or that the other party not dispose of an asset, you’d describe that here. Be clear and specific: e.g., “Order that Petitioner have exclusive use of the 2018 Toyota vehicle pending trial” or “Order Respondent not to sell or transfer the property at 123 Main St.” If there are supporting documents (like a title or evidence of a threatened sale), you could attach those as exhibits and refer to them in Item 5.
- Item 6 – Attorney’s Fees and Costs: Use this if you are asking the other party to pay some or all of your attorney fees (or costs) in the case. For self-represented folks, this might not apply unless you had to hire a consulting attorney or have some legal bills. If you do request attorney’s fees, you need to state how much you want and why (e.g., “Requesting $2,000 in attorney’s fees contribution due to disparity in income”). Also, you should prepare a Form FL-158 (Supporting Declaration for Attorney’s Fees and Costs), which provides detail like what the fees are for, your financial need, and the other party’s ability to pay — this form can be attached to support Item 6.
- Item 7 – Other Orders: This is a catch-all section for any other type of order you want that doesn’t fit into the categories above. Common examples here include: orders for a parent to attend parenting classes, orders for drug or alcohol testing (in custody cases), an order for make-up visitation days, an order dividing some responsibility, etc. For instance, “Order the other parent to enroll in co-parenting counseling,” or “Order that parent travel must be with written consent of other parent,” could be things you’d write in Item 7. Be as specific as you can so the order is clear. If you have multiple miscellaneous requests, you can list them all in this section or attach a page if needed.
Tips while filling Items 1–7: Write neatly (if handwritten) or type into the PDF form. The form typically has checkboxes and small lines for short answers. Don’t worry about explaining why you want each order in these items — you’re just stating what you want the court to order. The why comes next, in the “Facts Supporting” section.
Also, if any particular item on the form directs you to “attach a sheet or declaration,” that means you likely need to provide more detail on a separate page. For example, Items 2, 3, or 4 might only have a couple lines to write what you want; the actual explanation of circumstances will go in Item 9 or an attached declaration. Let’s move to that crucial part.
Step 4: State the Facts and Reasons for Your Request (Item 9)
After listing what you want in Items 1–7, Item 9 of Form FL-300 is where you explain why the court should grant your requests. This section is often labeled “Facts Supporting This Request” or something similar. Here’s how to handle it:
- Be Clear and Concise: On the FL-300 itself, Item 9 usually provides a few blank lines (or a large space) for you to write the reasons supporting your requests. Explain the situation and the change in circumstances or reasons that justify the orders you are asking for. For example:
- For a custody change: “Since the last order, our work schedules have changed. I now have weekends off, and it’s in the child’s best interest to spend weekends with me because I can provide stability and more time for school activities.”
- For a child support change: “I lost my job on May 1, 2025, and my income has dropped significantly. I can no longer afford the current support amount, and the guideline calculation based on my current income would be lower.”
- For an emergency request: “The other parent plans to move out of state with our child next week without my consent. I need a temporary order preventing this move until a hearing can be held, as there’s a risk I won’t see our child.”
- Attach a Separate Declaration if Needed: Often, the few lines on FL-300 aren’t enough to fully describe your facts. It’s very common (and wise) to attach a longer declaration to your request. You can write your declaration on a blank pleading paper or use Form MC-031 (Attached Declaration). At the end of Item 9’s lines, you can write “See attached declaration” if you go this route. In your attached declaration, tell your story with relevant dates and details, and attach any evidence (like emails, financial documents, school records) as exhibits. Label each exhibit (Exhibit A, B, etc.) and reference them in your declaration. For example: “(See Exhibit A, email from Jane Doe about schedule).” This declaration is your opportunity to persuade the judge, so include only relevant facts and keep a professional tone. Facts supporting your request should be as specific as possible (e.g., “On 3/15/2025, John missed the scheduled pickup and the children were left waiting at school for two hours.”) Specifics help the judge see why an order is needed.
- Page Limit: Remember that if you attach a declaration, California Rules generally limit declarations supporting a request to 10 pages of narrative (not counting exhibits). You likely won’t need that much for most requests, but be aware of the limit. Focus on the key points — why the change is needed or the harm if it’s not granted — and stick to those.
At the bottom of Item 9 or your attached declaration, you must sign under penalty of perjury that what you’ve written is true. If you attached MC-031, sign that page. If you wrote in the form’s space, you’ll sign in Step 5, which we’ll cover now.
Step 5: Review, Sign, and Date the Form
Finally, once all the relevant items are filled out and you’ve attached any necessary documents, review everything. Go back through each section of FL-300 and check that you:
- Included your name, case number, court, and party names correctly at the top.
- Checked the right boxes for what you want (change, emergency, etc., in that top section).
- Filled in all items (1–7) that apply to your requests, and left inapplicable items blank. It’s fine if some sections don’t apply.
- Attached all the required additional forms (FL-311, FL-150, etc.) for the types of orders you’re requesting. We’ll list these attachments in the next section for clarity.
- Wrote your reasons in Item 9 or in an attached declaration, and that your narrative is factual and clear.
After verifying, sign and date the form. There’s a signature line usually at the bottom of the last page of FL-300 (if you attached pages, it might be on page 4 or wherever the form ends). By signing, you are swearing under penalty of perjury that everything is true to the best of your knowledge. Never forget to sign and date — an unsigned FL-300 is not valid and the court will reject it. It’s one of those simple mistakes that can cost you time.
Once signed and dated, your Form FL-300 is officially completed. But you’re not done yet — you need to file it with the court and serve the other party. We’ll cover those steps next, along with what happens after filing.
After You Fill Out FL-300: Filing, Serving, and Next Steps
Properly filling out FL-300 is step one. Now you must get it in front of a judge by following the correct procedures to file and serve it:
- Make Copies: Before you file, make at least two copies of your completed and signed FL-300 and all attachments (declarations, FL-311, FL-150, etc.). The court will keep the original and return the copies to you filed-stamped. One copy is for you; another copy is for serving the other party. If there are multiple other parties (like the other parent and DCSS in a support case), make additional copies for each.
- File with the Court: Take the original plus copies to the family law clerk at the courthouse (or file online if your county’s court offers e-filing). You will typically need to pay a filing fee when you submit an FL-300. The fee can vary, but it’s often around $60 for a motion like a Request for Order (unless it’s a domestic violence matter or you have a fee waiver). If you cannot afford the fee, you can file Form FW-001 (Fee Waiver Request) to ask the court to waive the fees, ideally before or with your FL-300. The clerk will file-stamp your documents and assign a hearing date, time, and department — this information will usually be filled onto the first page of your FL-300 (in that section we left for court use). Take note of the hearing date! The clerk may also give you additional papers, such as a blank Responsive Declaration (FL-320) for the other party.
- Serving the Other Party: After filing, you must legally serve the other side with:
- A copy of the filed FL-300 (with the hearing info and your attachments).
- A blank Form FL-320 (Responsive Declaration to Request for Order) – the court usually requires you to include a blank response form for the other party to use.
- Copies of any other forms you filed (like FL-150, FL-311, etc.).
- Proof of Service: After service, the person who served the papers must fill out a Proof of Service form (Form FL-330 for personal service or FL-335 for service by mail). This form is then filed with the court before the hearing as evidence that the other party was properly notified. Always check that the proof of service is filled out correctly (names, addresses, dates) and file it at least a few days before your hearing. Keep a copy for yourself. Without a proof of service, the judge may not be able to proceed with the hearing.
- The Other Party’s Response: The other side has the opportunity to respond using that FL-320 form. They might agree, disagree, and provide their own declaration and evidence. Don’t be alarmed if you receive a Response – read it carefully and be prepared to address their points at the hearing. If they file a response, they should also serve you with it before the hearing (typically at least 9 court days before the hearing for a reply, by mail 10 days).
- Before the Hearing (Custody Cases): If your request involves child custody or visitation changes, note that many California courts require parents to attend mediation (also called child custody recommending counseling) before the court hearing. This is a session with a neutral mediator to try to work out a parenting plan. The court usually schedules it automatically once you file your FL-300. It often takes place a week or two before the hearing. Make sure to attend if it’s scheduled — in some courts, if you miss mediation, the judge may continue (delay) your case.
- Attend the Hearing: On the hearing day, show up early to court with your copy of the filed forms, your proof of service, and any additional evidence or notes you need. Dress neatly and be prepared to present your case briefly to the judge. The judge will have read your FL-300 and any responses. You might be sworn in to give testimony. Stick to the main points you wrote in your declaration — why the change or order is needed and how it benefits the child or situation. Be respectful and calm. The other party will also get to speak. If you have evidence (like pay stubs for support issues, or texts/emails for custody issues), have them organized; some courts require you to submit important documents ahead of time, so check local rules.
- After the Hearing – The Order: The judge will make a decision, either at the hearing or sometimes by taking the matter “under submission” (rarely for family motions, but possibly if more info is needed). In most cases, the judge will announce orders right there. One of you (or the court) will have to prepare a written order for the judge to sign, which often is done on Form FL-340 (Findings and Order After Hearing) along with relevant attachments (like a custody order attachment, etc.). Since you filed the request, be prepared that you might be asked to draft this order after hearing. If so, fill out what the judge ordered and submit it for the judge’s signature (the courtroom clerk or a self-help center can often give you guidance on this). Once signed, serve the other party with a copy of the order.
Filing and serving are just as important as filling out the form correctly. If you don’t follow through with these steps, your perfectly filled FL-300 won’t have any effect. But if you do everything right, you will have your day in court and a judge will hear your request. Next, we’ll highlight some pitfalls to avoid so all your efforts go smoothly.
Avoid These Common Mistakes When Filling Out FL-300
Even simple mistakes on a court form can derail your request or cause delays. Here are some common pitfalls people encounter with Form FL-300, and how to avoid them:
- ⚠️ Incomplete or Incorrect Case Information: One of the most frequent errors is failing to fill in the case caption properly. Always double-check that you have the correct case number, and the full names of Petitioner and Respondent spelled correctly. If the court clerk can’t identify your case from your form, it may be rejected or misfiled. Likewise, include the proper courthouse location. An outdated case number or missing party name can invalidate your request.
- ⚠️ Not Attaching Required Forms: Many people forget the mandatory attachments. For example, requesting support without attaching an Income and Expense Declaration (FL-150), or asking for a custody change without the Child Custody Attachment (FL-311). If a supporting form is required, the judge will likely not rule in your favor until it’s provided. Avoid this by reviewing the FL-300 items: each one often hints at what’s needed (e.g., “Attach Form FL-150” is even written on the FL-300 under support sections). Make a checklist of attachments while preparing your packet.
- ⚠️ Leaving Sections Blank Unintentionally: It’s okay to leave entire items blank if they don’t apply. But don’t leave a section blank if it does apply to you. For instance, if you want child support changed but you skip Item 3 and only write about it in your declaration, that’s a mistake — you need to check the child support item and indicate what you want. Conversely, don’t check a box for something you actually don’t intend to request; only select what you truly want the court to order. Consistency between your checkboxes and your detailed declaration is key.
- ⚠️ Insufficient Detail in Supporting Facts: Simply writing “I want this change because it’s fair” in Item 9 is not going to help the judge understand your position. Not providing specific reasons or evidence is a mistake. Always include concrete facts: dates, what has changed, how the current order is not working, etc. If you don’t explain the “why,” the court has no basis to grant your request. Use an attached declaration if you need more space to avoid overly terse explanations.
- ⚠️ Missing Signature or Date: Believe it or not, people do all the hard work of filling forms and then forget to sign. An unsigned FL-300 is essentially void. Similarly, forgetting to date it can cause problems. Always sign and date on the final page (and sign any attached declaration). This seems minor, but courts will reject or refuse to act on unsigned documents, meaning you’d have to refile and possibly lose time.
- ⚠️ Failing to Serve Properly: You might fill out everything perfectly but if you don’t serve the other party correctly or timely, the judge may not hear your case. Common service mistakes include: serving too late (missing the 16-day rule), not serving all required documents (e.g., forgetting to include the blank FL-320 for the other side), or having the petitioner themselves serve (service must be done by someone not involved in the case and over 18). To avoid this, hire a professional process server or ask a reliable adult friend, and give them clear instructions and the deadline. File the proof of service as proof that this step is done.
- ⚠️ Ignoring Local Rules or Procedures: Some counties have local forms or additional requirements for certain requests. For example, a local court might require a cover sheet or a short form for the judge to read first. If you file in a county with such rules and you ignore them, your case could be delayed. It’s a mistake to assume everything is the same statewide; while FL-300 is standard, always check your county court’s website or self-help center for any local rules or checklists for filing a Request for Order. Many courts publish step-by-step guidelines which can alert you to any county-specific forms.
By being mindful of these mistakes, you can significantly increase the chances that your FL-300 will be processed smoothly and heard on the scheduled date. Next, let’s look at a few real-world examples of how one might fill out FL-300 in different scenarios to solidify your understanding.
Examples: How to Fill Out FL-300 for Common Scenarios
Every situation is unique, but here are three popular scenarios in which people commonly use Form FL-300, along with how you would approach filling out the form in each case:
| Scenario | How to Fill Out FL-300 (Key Points) |
|---|---|
| Changing Child Custody/Visitation (e.g. requesting a new schedule) | Mark Item 2 for custody/visitation. Attach FL-311 detailing the proposed schedule. In Item 9 (or attached declaration), explain why the change is in the child’s best interest (e.g., new school schedule, other parent’s relocation). Include specifics, like “child is struggling in current arrangement because…”. Request mediation through the court if required. |
| Modifying Child Support (e.g. due to income change) | Mark Item 3 for child support. Attach a completed FL-150 (Income and Expense Declaration) reflecting your current finances. In Item 9/declaration, explain the change in circumstances (job loss, income increase/decrease, change in custody time that affects support). If the other parent’s income is an issue, mention what you believe their current income is (if known) or why support should change (like childcare costs, etc.). Emphasize fairness and the guideline formula. |
| Requesting Spousal Support Adjustment (e.g. lowering support after job loss) | Mark Item 4 for spousal support. Attach FL-150 (financials) and FL-157 if this is post-judgment. State exactly what change you want (e.g., “reduce spousal support from $1000 to $500 per month”). In the supporting facts, detail the significant change: perhaps you lost a job or your ex-spouse’s earnings increased, or a set duration of support is ending. Note any relevant timeframe (“Support was originally set when I was earning $X; now I earn $Y, which is much lower.”). The goal is to show why the current order is no longer sustainable or fair. |
In each scenario, be sure to adjust other parts of FL-300 accordingly (for instance, if you’re modifying support, you might also mark “Change” at the top of the form and note if you want it effective from a certain date). These examples illustrate that the form is flexible: you just plug in the relevant information for your needs. Always attach the forms and documents that bolster your case, and provide a story in your declaration that resonates with legal standards (best interest of the child, change of circumstances, etc., depending on what you’re asking).
If you have a less common scenario (perhaps asking for something like a change in a property control order or enforcing a part of a judgment), you would use Item 5 or 7 and describe clearly what you want. The same principles apply: check the right item, attach any supporting documents, and explain the why.
Supporting Documents and Key Forms to Know
Filling out FL-300 often involves more than just the FL-300 form itself. Here are some key forms, attachments, and terms you should be familiar with, and how they relate to your FL-300 request:
| Form/Term | What It Is and Why It Matters |
|---|---|
| FL-300 (Request for Order) | The main form we’ve been discussing. Required to schedule a court hearing for your requests in a family law case. It outlines who the parties are, what orders you want, and a summary of why. You file this to get the judge’s attention on your issues. |
| FL-320 (Responsive Declaration) | The form the other party uses to respond to your FL-300. Whenever you serve a Request for Order, you must include a blank copy of FL-320 for them. It lets them say whether they agree or disagree and present their side. |
| FL-311 (Child Custody and Visitation Attachment) | An attachment for detailing custody and visitation proposals. Use this whenever Item 2 (custody/visitation) is involved. It provides space to propose schedules for weekdays, weekends, holidays, and other parenting provisions (like transportation, travel consent, etc.). Judges often expect to see this rather than a vague statement. |
| FL-105 (UCCJEA Declaration) | The Uniform Child Custody Jurisdiction and Enforcement Act declaration. This form lists the addresses where the child has lived for the past 5 years and any other custody cases. It’s required when you are establishing custody orders in a new case, or if a child’s residence has changed since the last time this form was filed. If you’re using FL-300 to get the first custody order in a case (say, unmarried parents who filed parentage cases), include FL-105. |
| FL-150 (Income and Expense Declaration) | A 4-page form where you disclose your income, expenses, and assets. Mandatory for requests involving money: child support, spousal support, attorney fees, etc. Fill it out completely, attach recent pay stubs, and be honest. The court uses this info (and the other side’s FL-150) to calculate support according to statewide guidelines. Without it, the judge cannot accurately decide support issues. |
| FL-157 (Spousal Support Declaration Attachment) | Used for post-judgment spousal or partner support modifications. It prompts you to address factors like the length of marriage, earning capacity, and what’s changed since the last order. Essentially, it’s a guide to ensure you cover the legal factors the judge must consider (from California Family Code §4320) when changing spousal support. Include this if you’re asking to modify or end spousal support after a final divorce decree. |
| FL-305 (Temporary Emergency Orders) | If you checked the “Temporary Emergency Orders” box on FL-300 to get immediate orders, FL-305 is the form where you write the specific emergency orders you want the court to issue right now (effective until the hearing date). For example, “Temporary order that child remain in California pending hearing.” This form is presented to a judge, often within days of filing, ex parte (without the other side present, although notice to them is usually required). You would submit FL-305 along with FL-300 for urgent matters. |
| FL-303 (Declaration re: Notice for Emergency Orders) | When seeking an emergency (ex parte) order with FL-300/FL-305, you must inform the court whether you gave the other party notice of the emergency request. FL-303 is where you declare if and how you notified them (or explain why you couldn’t/shouldn’t give notice). Courts take the notice requirement seriously. This form helps the judge decide if they’ll hear your emergency request immediately or not. |
| FL-330/FL-335 (Proof of Service forms) | Proof of Service of Summons (FL-330) for personal service, or by Mail (FL-335) for service by mail. After serving your FL-300 and attachments on the other party, one of these forms must be filled out by the server and filed. It documents when, where, how, and to whom the papers were delivered. It’s the official record that the other side got notice of the hearing. Always use the correct one (personal vs mail) and ensure it’s complete. Without a filed proof of service, the judge might refuse to proceed on the hearing date. |
| Family Law Facilitator / Self-Help Center | Every county in California has a Family Law Facilitator’s Office – a free self-help resource staffed by attorneys or trained personnel. They can help you with FL-300 by providing guidance, reviewing your forms for completeness, and explaining the process. They cannot give you legal advice or represent you, but they can check that you haven’t missed anything. This is an excellent resource to use, especially if you’re unsure about something on the form or need help calculating support. Many self-help centers operate on a first-come basis, so call ahead to see if you need an appointment. |
| Department of Child Support Services (DCSS) | A state agency that might be involved if child support is an issue (particularly if one parent requested their services or if you are on public assistance). If DCSS is a party in your case, you must serve them with any FL-300 related to child support. They often have a bureau or office at the courthouse as well. Failing to notify DCSS when they’re involved can cause delays or the inability to enforce any new support order. |
Familiarizing yourself with these forms and terms will make the FL-300 process much smoother. As you prepare your request, think of FL-300 as the cover sheet that flags what you need, and these other documents as the supporting actors that provide detail and proof. Using them correctly demonstrates to the court that you’re thorough and serious about your request.
Pros and Cons of Filing FL-300 Yourself vs. Hiring an Attorney
Many people wonder if they should tackle filling out and filing FL-300 on their own or get a lawyer’s help. Here are some pros and cons of handling a Request for Order by yourself (pro se) versus with legal assistance:
| Pros of DIY (Filing FL-300 on Your Own) | Cons of DIY |
|---|---|
| Save Money: You avoid costly attorney fees by preparing the form yourself. Filing fees still apply, but you could save hundreds/thousands in legal bills. | Risk of Errors: Without legal guidance, it’s easier to make mistakes on the form or procedure, which can result in delays, rejections, or an unfavorable outcome. |
| Control & Understanding: You learn about your case details and court process intimately. This hands-on approach can give you a sense of empowerment and full control over what you present to the judge. | Time-Consuming: Researching the law, filling forms, and learning procedures take significant time. What a lawyer might do quickly could take you many hours or days, especially if you’re new to legal forms. |
| Flexibility: You can work on your forms on your own schedule and file at your pace. You’re not waiting on an attorney’s timeline. | Knowledge Gaps: Lawyers know the legal standards and what evidence carries weight. On your own, you might not present your strongest case (for example, not emphasizing “best interest of the child” in a custody request, or missing a crucial piece of evidence or law). |
| Access to Self-Help Resources: With resources like court self-help centers, online guides, and facilitator assistance, many people successfully file FL-300s on their own each year. It’s a doable process for motivated individuals, especially for straightforward modifications. | Emotional Stress: Family law matters are personal. Representing yourself can be stressful when you’re emotionally involved. An attorney can provide objective advice and take on the burden of arguing in court, whereas on your own you must manage stress and present clearly at the hearing. |
In deciding, consider the complexity of your case. If it’s a relatively simple request (say, adjusting a visitation schedule by a few hours, or recalculating support due to a clear income change), you may well succeed on your own by following guides like this and using self-help services. However, if the matter is complicated (involving, for instance, intricate financial issues, allegations of abuse, or multiple intertwined issues), consulting with or hiring an attorney could be very beneficial.
Some people choose a middle ground: they prepare the paperwork themselves but hire an attorney for an hour or two to review it or to coach them for the hearing. That way, they save money yet still get expert input. The route you choose should balance your confidence in handling legal paperwork with the stakes of the outcome.
Remember, even if you go solo, you’re not completely alone – the court’s facilitator can guide procedural aspects, and there are many workshops or clinics that help with FL-300 filings. Weigh the pros and cons and make the choice that’s right for you.
Frequently Asked Questions (FAQs)
Q: Do I need a lawyer to fill out and file Form FL-300?
A: No. You do not need a lawyer to fill out FL-300 – many people successfully file it on their own. Just follow the instructions carefully and utilize free self-help resources.
Q: Is Form FL-300 only for child-related issues, or can I use it for spousal support and other requests?
A: Yes. Form FL-300 is used for any family law request in an open case – custody, visitation, child support, spousal support, attorney fees, property orders, etc. It’s a multipurpose form.
Q: Will there be a filing fee for submitting an FL-300 Request for Order?
A: Yes. In most cases, a filing fee is required (around $60, depending on the county and type of request). If you cannot afford it, you can request a fee waiver to file for free.
Q: Can I file FL-300 electronically?
A: Yes, in some counties. Some California courts allow e-filing for family law forms, including FL-300. Check your local court’s website – if e-filing is available, you’ll need to submit the form and attachments through their online system. Otherwise, you must file in person or by mail.
Q: Do I have to serve the other party in person?
A: Yes. Typically, personal service is required for a Request for Order – someone over 18 (not you) must hand-deliver the papers. Service by mail is only allowed in certain circumstances or if specifically permitted by the court rules (and usually with more advance time). Always ensure proper service as per the rules.
Q: How long does it take to get a court date after filing FL-300?
A: It varies, but generally 4–6 weeks out is common for a hearing date. The clerk will assign the earliest available date when you file. If it’s an emergency request, a temporary order review can happen within days, but the full hearing will still be weeks later.
Q: What happens if I make a mistake on the form after filing it?
A: If it’s a minor mistake, you can often correct it at the hearing by explaining it to the judge. For significant errors (like checking the wrong box or wrong case number), it’s safer to file an amended FL-300 or a written correction as soon as possible. You may need to re-serve the other party if the correction is substantial.
Q: Can I ask for more than one thing at a time on a single FL-300?
A: Yes. You can request multiple orders in one FL-300 as long as they pertain to the same case. For example, you can ask to change custody and adjust child support in the same request, or ask for custody plus attorney fees, etc. Make sure to fill out all relevant items on the form and provide reasons for each request.
Q: If the other party doesn’t respond or show up at the hearing, can I still get the orders I asked for?
A: Yes. If properly served, the other party’s absence generally means the court will hear your request uncontested. The judge will still review your paperwork and may ask you some questions at the hearing, but if the other side never responded or appeared, the judge can grant the orders by default if they seem reasonable and in line with the law. Always ensure you have proof of service to show the judge that the other party was notified.
Q: Is an FL-300 the same as a motion in other states?
A: Yes. In essence, Form FL-300 is California’s version of a motion (a formal request for a court order). Other states might just call it a Motion for [Custody/Support/etc.]. California simplifies things by using fill-in-the-blank forms for motions in family cases, and FL-300 covers most types of requests.
Related reading
- How to Fill Out California FL-170 (w/Examples) + FAQs
- How to Fill Out California Form FL-120 (w/Examples) + FAQs
- How to Fill Out California Form FL-260 (w/Examples) + FAQs
- How to Fill Out California Form FL-300 (w/Examples) + FAQs
- How to Fill Out California Form FL-355 (w/Examples) + FAQs
- How to Fill Out California Form FL-600 (w/Examples) + FAQs