Form FL-345 is a California Judicial Council attachment used to spell out the exact terms of a child custody and visitation (parenting time) order, and you fill it out by checking the boxes that match your custody plan, writing in the specific schedule, and attaching it to your main custody order or stipulation. The form lets parents, judges, and mediators turn vague custody language into a clear, enforceable plan that any police officer or school can read and follow.
According to the California Department of Public Health vital statistics, roughly 1 in 3 California marriages with minor children ends in divorce, and most of those cases involve a custody order built on attachments like FL-345. Filling this form out correctly is the difference between a parenting plan that holds up in court and one that lands you back in front of a judge.
Here is what you will learn in this guide:
- 📝 How to complete every line, box, and attachment of Form FL-345 step-by-step
- ⚖️ The legal rules behind each section, including Family Code § 3011 and § 3044
- 👨👩👧 Three real-world named scenarios showing how parents in different counties use FL-345
- 🚫 The seven most common mistakes that get FL-345 orders rejected or reopened
- ❓ Ten plain-English FAQs covering enforcement, modification, and county quirks
What Form FL-345 Is and Why It Exists
Form FL-345 is the Child Custody and Visitation (Parenting Time) Order Attachment published by the Judicial Council of California. It is a fill-in-the-blank attachment that gets stapled to a main order, judgment, or stipulation, and it converts a parent’s custody plan into specific, enforceable terms. Judges sign it, court clerks file it, and law enforcement reads it when a parent calls to report a violation.
The form exists because California family courts handle thousands of custody cases each year, and judges need a standard way to record terms. Before standardized attachments existed, custody orders were often handwritten and contradictory, which led to confusion and repeat hearings. The current revision is dated January 1, 2024, and it must be used in every California superior court family law division.
The Statutory Backbone
FL-345 enforces the rules in California Family Code § 3020, which says the health, safety, and welfare of the child is the court’s first concern. The form also reflects § 3040, which sets the order of custody preference, and § 3011, which lists the best-interest factors. A plain-English way to read these statutes is that the judge must protect the child first and treat both parents fairly second.
The consequence of ignoring these statutes is severe. A judge can reject your FL-345 if it conflicts with the child’s safety, and a parent who drafts a one-sided plan often loses credibility in court. For example, if Maria in Los Angeles writes an FL-345 that gives her ex zero contact with no safety reason, the judge will likely strike it.
A common misconception is that FL-345 is “just paperwork.” In reality, every checked box becomes a court order the moment the judge signs it.
How FL-345 Connects to Other Forms
FL-345 never travels alone. It is attached to a main pleading like the Request for Order (FL-300), the Stipulation and Order for Custody (FL-355), or a judgment of dissolution. Parents also commonly file the Declaration Under UCCJEA (FL-105) to confirm California has jurisdiction over the child.
Many parents confuse FL-345 with FL-341. The shorter FL-341 is a high-level custody and visitation attachment, while FL-345 is the deeper, schedule-specific attachment with checkboxes for joint legal custody, holidays, transportation, and more. The consequence of filing the wrong one is a clerk rejection or, worse, a vague order that cannot be enforced.
Step-by-Step Walkthrough of Every Section
The form opens with a caption box that asks for the case name, case number, and court branch. Copy these from your main pleading exactly, because a typo in the case number sends the document to the wrong file. The body of the form is divided into numbered items, each with checkboxes that turn on or off specific terms.
Item 1: Child(ren) Covered
This box lists the children the order applies to. Write each child’s full legal name and date of birth. The consequence of leaving a child off is that the order does not protect or bind that child, and the parent has no enforceable rights for that child until a new order issues.
For example, David in San Diego had three children but only listed two on FL-345 because the third was almost 18. The court later ruled the order did not cover the youngest at all, forcing David to file a new request. The misconception that “the order obviously covers all our kids” is dangerous; California family courts read these forms literally per California Rules of Court, Rule 5.14.
Item 2: Joint Legal Custody
Joint legal custody means both parents share decisions about education, health care, and religion under Family Code § 3003. Check this box if you and the other parent agree to share these decisions. The form then lists sub-issues like medical, dental, mental health, education, and travel, with space to assign each.
The consequence of joint legal custody is that both parents must consent to major decisions. If Aisha in Sacramento wants to enroll her child in private school but the father refuses, she cannot proceed without a court order. A common misconception is that joint legal custody equals 50/50 time; legal custody is about decisions, not the schedule.
Item 3: Sole Legal Custody
Sole legal custody gives one parent the right to make all major decisions alone. Check this box only if the other parent cannot or should not participate, often due to absence, abuse, or incapacity. The legal authority is Family Code § 3006.
The consequence is that the non-custodial parent loses the right to veto decisions but still has the right to information unless the order says otherwise. A real example: when David’s ex moved out of state and stopped responding, the judge granted David sole legal custody so he could enroll the kids in school without delay. Parents often think sole legal also cuts off visitation, but visitation is a separate item on FL-345.
Item 4: Joint Physical Custody
Joint physical custody means the child lives with both parents under Family Code § 3004. Check this box if your timeshare is roughly balanced. The form does not require a strict 50/50 split, but courts usually expect at least 30 to 35 percent time with each parent for joint physical custody to make sense.
The consequence of checking joint physical custody is that child support calculations under the California Guideline shift, often lowering the higher-earner’s payment. A common misconception is that joint physical custody automatically means equal weeks; the actual schedule is set in Item 6.
Item 5: Sole Physical Custody
Sole physical custody means the child lives primarily with one parent, and the other has visitation. Check this box if one parent has the child for more than about 65 percent of overnights. Use this option when the parents live far apart or one parent has a limited role.
The consequence is that the custodial parent generally has the right to make day-to-day decisions about routine matters, even with joint legal custody. Maria in Los Angeles chose sole physical because her ex worked offshore three weeks at a time, and the judge agreed it was the most honest description of the child’s life. Parents wrongly believe sole physical custody erases the other parent’s rights, but visitation, holiday time, and legal custody can all still apply.
Item 6: Child(ren) Will Live With
This is where you write the actual schedule. The form has space to describe weekday, weekend, and overnight time. Write specific days and times, not “every other weekend” without more detail. The consequence of vagueness is that police officers will not enforce the order during a dispute, because they need clear language.
A model entry reads: “The child will live with Mother every Sunday at 6:00 p.m. through Friday at 8:00 a.m. and with Father every Friday at 8:00 a.m. through Sunday at 6:00 p.m.” This is enforceable. A vague entry like “shared as agreed” is not. The California Courts Self-Help Center recommends naming the exchange location too.
Item 7: Parenting Time (Visitation) Schedule
This item handles regular visitation when one parent has sole physical custody. Check the right box for “reasonable visitation,” “schedule per attachment,” “supervised visitation,” or “no visitation.” Reasonable visitation sounds friendly but is rarely enforceable, so most lawyers recommend a written schedule.
The consequence of choosing supervised visitation is that visits must occur with a professional or approved non-professional supervisor, often through providers listed by the Association of Family and Conciliation Courts. The misconception that “supervised visitation is forever” is wrong; courts review supervised orders regularly under California Rules of Court 5.20.
Item 8: Holiday Schedule
This section overrides the regular schedule on listed holidays. The form lists Mother’s Day, Father’s Day, Thanksgiving, winter break, spring break, the child’s birthday, and others. Mark each holiday with which parent has the child in even years and odd years.
The consequence of skipping a holiday is that the regular schedule controls, which often produces conflict. For example, if Thanksgiving falls on Father’s regular weekend but the holiday box is blank, Mother has no claim to time. A common misconception is that “the holiday parent gets the whole day”; the form actually lets you set start and end times like 9:00 a.m. to 8:00 p.m.
Item 9: Vacation Schedule
Use this item to allocate summer break, school breaks, and extended travel. Most California orders give each parent two to four uninterrupted weeks of summer time, often with a notice rule like 30 days advance written notice. The legal authority for travel terms is Family Code § 3048, which also requires travel itineraries when the child is taken out of California.
The consequence of skipping vacation language is that neither parent can plan trips with confidence. A real-world example: Aisha booked a Hawaii trip with the kids, but because FL-345 was silent on summer, the father objected the week before departure, and Aisha lost her deposits. A common misconception is that an oral agreement to swap weeks is enough; courts enforce only what is on the form.
Item 10: Transportation and Exchange
This item names the pickup location, drop-off location, and who provides transportation. Many parents pick neutral spots like a school, a police department parking lot, or a family resource center. The form also lets you require curbside exchange when conflict is high.
The consequence of vague exchange terms is roadside arguments and police calls. David’s order said “exchange at Mother’s residence,” but Mother moved twice in a year, and exchanges turned chaotic until the parties amended FL-345 to name the local Starbucks. A misconception is that one parent can demand the other do all the driving; courts usually split transportation 50/50 unless distance or work schedules justify otherwise.
Item 11: Travel With Child(ren)
This item controls travel out of the county, state, or country. Check the boxes that match your needs, and add details like advance written notice and required passport handling. Under Family Code § 3048(b), if there is a risk of abduction, the court can require bond, surrendered passports, or travel restrictions.
The consequence of ignoring this item is that international travel can be blocked at the airport. A common misconception is that a child’s passport is automatic; the U.S. State Department requires both parents’ consent for minors under 16, unless a court order says otherwise.
Item 12: Other (Custom Terms)
The “other” box is where you add anything that does not fit elsewhere. Common entries include right of first refusal, communication rules, no-disparagement clauses, drug or alcohol testing, and tie-breaker authority on legal custody.
The consequence of using boilerplate without understanding it is over-litigation. Maria added a “no overnight guests of the opposite sex” clause she found online, and the court refused to enforce it because it violated her ex’s privacy rights. A misconception is that any term can be ordered; courts will not enforce illegal, vague, or unconstitutional terms.
Three Real-World Scenarios
These three named scenarios show how everyday California parents fill out FL-345.
Scenario 1: Maria in Los Angeles, 50/50 Schedule
Maria and her ex agree on a true 50/50 alternating-week schedule. They check Item 2 (joint legal), Item 4 (joint physical), and write Item 6 with exact swap times.
| Step in Maria’s FL-345 | Effect on Her Family |
|---|---|
| Checks joint legal custody with all sub-issues shared | Both parents must agree on schools and doctors |
| Writes “Week A: Mother, Week B: Father, exchange Sundays 6 p.m.” | Police can enforce the order if either parent withholds |
| Adds right of first refusal over 8 hours in Item 12 | If one parent works late, the other gets the kids |
Scenario 2: David in San Diego, Sole Physical With Visitation
David’s ex works offshore three weeks at a time. He checks Item 5 (sole physical), Item 2 (joint legal), and writes Item 7 with a specific land-week visitation block.
| Step in David’s FL-345 | Effect on His Family |
|---|---|
| Checks sole physical custody for father | Children’s primary residence is with David |
| Writes Item 7 visitation: “Mother every Friday 6 p.m. to Sunday 6 p.m. when she is in San Diego County” | Mother gets meaningful land-week time without disrupting school |
| Adds 14-day summer block in Item 9 | Mother has guaranteed long-form time each year |
Scenario 3: Aisha in Sacramento, Supervised Visitation Case
Aisha has a domestic violence restraining order against her ex, triggering the Family Code § 3044 presumption. She checks Item 3 (sole legal), Item 5 (sole physical), and Item 7 with professional supervised visitation.
| Step in Aisha’s FL-345 | Effect on Her Family |
|---|---|
| Checks sole legal and sole physical custody for mother | Aisha makes all decisions and child lives with her |
| Item 7: “Professional supervised visitation, 2 hours every other Saturday, at Family Visitation Services” | Father sees the child safely and never alone |
| Item 11: “No travel outside Sacramento County without court order” | Reduces abduction risk under § 3048(b) |
Mistakes to Avoid When Filling Out FL-345
The seven most common mistakes are easy to avoid once you know them.
- Leaving Item 6 vague with phrases like “as agreed,” because police cannot enforce vague terms and you will end up back in court.
- Forgetting to list every child’s full legal name and date of birth, which makes the order unenforceable for any missing child.
- Confusing legal custody with physical custody, leading to schedules that contradict the boxes you checked at the top.
- Skipping the holiday section, which causes annual fights over Thanksgiving, Christmas, and birthdays.
- Writing “reasonable visitation” without a backup schedule, which courts treat as a recipe for conflict.
- Pasting boilerplate “morality clauses” that California courts refuse to enforce as a violation of personal liberty.
- Failing to attach FL-345 to a main pleading like FL-300 or FL-355, which makes the form a floating document with no legal effect.
Do’s and Don’ts of Form FL-345
These are the five most important do’s and don’ts for any parent filling out the form.
Do’s
- Do write specific dates, times, and addresses, because Family Code § 3083 requires custody orders to spell out parental rights and duties clearly.
- Do review your county’s local rules at the California Courts county directory, because counties like Los Angeles and Orange add forms beyond FL-345.
- Do sign and date the form in blue or black ink, since clerks reject pencil or unsigned forms under California Rules of Court 1.31.
- Do keep at least three copies after filing, including one for yourself, one for the other parent, and one for the child’s school or daycare.
- Do ask a family law facilitator for free help if any item is unclear.
Don’ts
- Don’t alter the preprinted form text, because the Judicial Council form is mandatory and altered forms get rejected.
- Don’t leave blank checkboxes hoping the judge fills them in, since incomplete forms slow your case for weeks.
- Don’t include child support terms on FL-345, because support belongs on FL-342 and FL-350, not on this form.
- Don’t use FL-345 to alter a restraining order, since restraining orders use DV-130 and CLETS entry rules.
- Don’t sign a stipulated FL-345 under pressure without reading every checked box, because every box becomes an enforceable court order.
Pros and Cons of Using FL-345
Filing FL-345 has clear strengths and a few real drawbacks.
Pros
- Statewide consistency, because every California superior court accepts the same form, so your order travels with you across counties.
- Police enforceability, because officers are trained to read Judicial Council forms and act on clear schedules.
- Free to file, since the form itself is free, although filing fees may apply per Government Code § 70670.
- Customizable, with Item 12 letting you add right-of-first-refusal, communication, and tie-breaker terms.
- Court-tested language, meaning the preprinted phrasing has been litigated and refined over decades.
Cons
- Limited space, so complex schedules often spill onto continuation pages or extra attachments.
- No instructions on the form, which leaves first-time filers guessing about strategy.
- One-size-fits-most, meaning unusual situations like split custody between siblings need creative drafting.
- Mandatory format, so you cannot redesign the form to highlight key terms.
- Easy to misuse, especially when parents check contradictory boxes that confuse the judge and delay signing.
Key Court Rulings That Shape FL-345 Drafting
Several California cases drive how parents and judges read the form. Montenegro v. Diaz (2001) 26 Cal.4th 249 explains when a custody order is final versus temporary, which matters because final FL-345 orders require the higher “changed circumstances” standard to modify. The consequence of misreading this case is filing the wrong motion and losing on procedure.
In re Marriage of LaMusga (2004) 32 Cal.4th 1072 governs move-away cases and signals that Item 11 (travel) must be drafted carefully when a parent plans to relocate. In re Marriage of Burgess (1996) 13 Cal.4th 25 is the foundational California move-away case and still controls the analysis. A common misconception is that a custodial parent has a free right to move; LaMusga and Burgess together require the court to weigh the child’s best interest first.
County-Level Nuances You Should Know
Different counties handle FL-345 a little differently. Los Angeles County Superior Court requires all parties in custody cases to attend Child Custody Recommending Counseling (CCRC) before a contested hearing. San Diego County uses Family Court Services mediation, which is confidential and non-recommending under Family Code § 3177.
Sacramento County and Alameda County require additional local forms for moving parties. The consequence of ignoring local rules is a continued hearing and an annoyed judge. A common misconception is that “California rules are the same everywhere”; in family law, the local rules often decide the timing of your case.
Filing, Service, and Enforcement
After you sign FL-345, attach it to your main pleading and file it with the court clerk. The clerk stamps the original, returns conformed copies, and routes the file to the judge. You then must serve the other parent by personal service or, if the matter is by stipulation, both parents simply sign before filing.
Once the judge signs, FL-345 is a court order. Violation can lead to contempt under Code of Civil Procedure § 1218, which can mean fines or jail time. Police enforce custody orders under Penal Code § 278.5, which makes child concealment a crime.
A common misconception is that a signed FL-345 is “just a guideline.” It is not. It is a court order, and parents who violate it risk losing custody, paying attorney’s fees, and facing criminal charges.
How to Modify FL-345 After It Is Signed
To change a final FL-345 order, you must show changed circumstances affecting the child’s best interest, per Montenegro. File a Request for Order (FL-300) with a new proposed FL-345 attached. Serve the other parent at least 16 court days before the hearing under Code of Civil Procedure § 1005.
The consequence of skipping the changed-circumstances showing is that the judge can deny your motion at the doorstep. A common misconception is that you can modify by text message agreement; while you can stipulate to a change, you must reduce it to a new signed FL-345 and file it, or it will not be enforceable.
FAQs
Is Form FL-345 mandatory in every California county?
Yes. FL-345 is a Judicial Council mandatory form, so every California superior court accepts it. Local courts may add their own attachments, but they cannot reject FL-345 itself.
Can I file FL-345 without a lawyer?
Yes. Most California parents file FL-345 in pro per. Free help is available through county family law facilitators and the California Courts Self-Help Center, especially for stipulated orders.
Does FL-345 set child support?
No. Child support is calculated under the California Guideline and entered on FL-342 or FL-350. FL-345 only controls custody, parenting time, and related logistics like travel and exchanges.
Can FL-345 give a non-parent custody?
Yes. A grandparent, stepparent, or other non-parent can be named under Family Code § 3041, but only if parental custody would harm the child and non-parental custody serves the child’s best interest.
Will the judge sign whatever we agree to on FL-345?
No. Judges review every stipulated FL-345 for the child’s best interest. Terms that endanger the child, violate public policy, or conflict with statute will be struck or modified before signing.
Can FL-345 require drug testing?
Yes. Under Family Code § 3041.5, the court can order drug or alcohol testing if there is a habitual or continual abuse showing. The terms go in Item 12.
Does FL-345 expire?
No. A final FL-345 stays in effect until the child turns 18, the parties stipulate to a new order, or the court modifies it. Temporary FL-345 orders end on the date stated in the order.
Can I use FL-345 in a domestic violence restraining order case?
Yes. When a DV-130 issues custody under DVPA, FL-345 can be attached to spell out the schedule. The Family Code § 3044 presumption against the abusive parent still applies.
Will the police enforce my FL-345?
Yes. California law enforcement enforces clear custody orders, and a properly drafted FL-345 with named parents, named children, and exact times is the gold standard for police response.
Can I move out of state with my child after FL-345 is signed?
No. Not without notice, and often not without court approval. Move-aways are governed by LaMusga and Burgess, and Item 11 of FL-345 controls notice and travel rules.
Related reading
- How to Fill Out California Form FL-311 (w/Examples) + FAQs
- How to Fill Out California Form FL-305 (w/Examples) + FAQs
- How to Fill Out California Form FL-311 (w/Examples) + FAQs
- How to Fill Out California Form FL-341 (w/Examples) + FAQs
- How to Fill Out California Form FL-344 (w/Examples) + FAQs
- How to Fill Out California Form FL-600 (w/Examples) + FAQs
- How to Fill Out California Form FL-120 (w/Examples) + FAQs