REQUEST FOR ORDER (Sample Packet)

Transcription

1 REQUEST FOR ORDER (Sample Packet) HELPFUL WEBSITES - State Court - forms, etc. - Kern Court Website Kern County Law Library Case Law - Legislation/Codes Forms, Cases, Codes 1. What is a Request for Order? The Request for Order (FL-300) form is a new Judicial Council as of July 1, 2012 and it replaces the old Notice of Motion and Order to Show Cause forms. You use the Request for Order form to ask for court orders in your family law case. See attached FL-300-INFO sheet for additional information. 2. How do I get custody, visitation, child support, or spousal support orders? You must have an existing court file or you must open a new case. You cannot file a Request for Order without an open case. 3. If I do not have an open case in the court, how do I open one? a) If you are married to the other parent, you can file a Petition for Dissolution of Marriage, Legal Separation, Nullity or Petition for Custody and Support (separate handout). b) If you are not married to the other parent, you can file a Petition to Establish Parental Relationship (Paternity), or Petition for Custody and Support (separate handout). 4. If I have a case with the Local Child Support Agency can I file the Request for Order in that file? Yes, as long as a child support judgment was entered and the other parent is listed as a party. 5. What is Physical and Legal custody of child(ren)? Attached is Child Custody Information Sheet (FL-314-INFO) that explains these terms and more. Go to this helpful website for more information: 6. How do I get a Temporary Order? There are two ways to get a temporary order without a hearing or with a hearing. a) Without a hearing: Temporary orders signed without an ex parte hearing are usually based on status quo (what s been going on already), or for urgent matter (but not if you, your property, or your children will suffer irreparable harm or danger). Your reasons for a temporary order must be stated in Request for Order under #10, FACTS IN SUPPORT. b) With a hearing (Ex Parte hearing): Temporary orders signed with an ex parte hearing are based on a factual showing, containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or other statutory basis for granting relief ex parte. Your reasons for a temporary order must be stated in Request for Order under #10, FACTS IN SUPPORT.

2 1. What is an Ex Parte Hearing? Answer: An Ex Parte Hearing is an Emergency hearing scheduled prior to a regular hearing in order to ask the Judge for temporary orders. 2. When would I need an Ex Parte Hearing? Answer: Ex Parte Hearings may be requested when: (a) One party wants the other party removed from the home. ( Kick-out ); (b) Parent without court ordered primary physical custody is seeking a temporary order to change custody immediately and prior to a hearing on the matter; (c) No existing orders are on file, and parent requesting temporary custody has had the child for the last 30 days; (d) When non-custodial parent has recently taken the child from the custodial parent and will not give the child back; (e) Custodial parent is requesting that court ordered visitation be terminated or requests a substantial change from current visitation be ordered pending regular hearing because of imminent harm to the child; and (f) Any other reason that the Judge requires an Ex Parte Hearing. (g) Information about Ex Parte Hearings can be found in Local Rule 6.4 or CRC , 3. How long does it take to get into court for an Ex Parte Hearing? Answer: Generally, it takes approximately 1 to 3 days for an Ex Parte Hearing date. 4. Is there a fee for the Ex Parte Hearing? Answer: Yes. A non-waivable fee of $60.00, plus regular Request for Order filing fee. Ex Parte Hearing Process: Get Ex Parte Hearing date from the Family Law Clerk. The Clerk will also give you an Ex Parte Checklist and Request for Temporary Orders; Notice to Other Party (goldenrod form). The forms may be handwritten with black or blue ink. READ THE FORMS CAREFULLY. Complete the Request for Order (FL-300) with Temporary Orders (FL-305). Complete the Request for Temporary Orders; Notice to Other Party form. (golden colored paper) Take the Request for Order and fees or Fee Waiver (separate handout), with the Ex Parte Notice to the Family Law Clerk by NOON on the date specified on the Ex Parte Checklist. There is a mandatory non-waivable fee for the Ex Parte Hearing that must be paid at that time. Go to the Ex Parte Hearing. 5. What happens after the Ex Parte Hearing? Answer: Whether the Judge grants your request or denies your request for emergency orders, you will need to pick up your Request for Order from the Family Law Clerk after 3:00 p.m., following the Ex Parte hearing. Then you must have the other party served with the Request for Order and any attachments, then continue to the mediation date and next hearing date. REMEMBER: THE EX PARTE PROCESS IS ALWAYS DONE ALONG WITH A FOR ORDER. REQUEST

3 FORMS LIST: Mandatory forms: Optional form (use as needed, based on request): Request for Order, FL-300 Child Custody and Visitation Attachment, FL-311 Declaration under UCCJEA, FL-105 Temporary Orders, FL-305 with Request for Temporary Orders (Kern County local goldenrod form) Attachment to Declaration under UCCJEA, Attachment 2e(4) FL-105a (use when there are more than 2 children involved) Income and Expense Declaration, FL-150 (use with child support, spousal support, Request for Child Abduction Prevention, FL-312 request for attorney fees and costs, and hardship cases) Proof of Personal Service, FL-330 Child Abduction Prevention Order Attachment to Temporary Order, FL-341(b) Declaration Regarding Address Verification Holiday Schedule, FL-341(c) Postjudgment, FL-334 Blank Responsive forms for the Other Party Additional Provisions Physical Custody Attachment, FL-341(e) Spousal or Partner Support Declaration Attachment, FL-157 Witnesses List, FL-321 (use when you plan on having witnesses testify at your hearing) You determine which attachments, if any, you will need. Forms are available from the Clerk or Facilitator or online at or There is a FEE for filing the papers. If you cannot afford the filing fee, Fee Waiver forms are available. See current fee schedule for list of fees. Ex parte hearing fee cannot be waived. Lets get started: Step #1. Complete your selected forms and have fees ready or complete a fee waiver application and order; Step #2. Step #3. Step #4. Make at least 2 copies of your completed forms (1 original + 2 copies); Take your completed forms and copies with the fee or a completed fee waiver application and order to Family Law Clerk to set the hearing date; Go to Family Court Services and get a mediation date if you are requesting custody and visitation; Step #5. Go back to the Family Law Clerk (step #3) so you can turn in your completed forms and have it filed and endorsed by the Clerk; (Expect a wait about 5 days for your forms to be processed.)

4 Step #6. Step #7. Step #8. Step #9. Step #10. Step #11. Serve the Request for Order after you get your endorsed copies back from the Family Law Clerks: One copy of the Request for Order is for you; You MUST have a 3 rd person, 18 years or older, and not a party to the case serve one copy of the Request for Order with the blank Responsive Declaration (FL-320) and other blank responsive forms on the opposing party, attorney, and other interested parties (such as Department of Child Support Services); If by personal service, At Least 16 COURT days (do not count holidays or weekends) before the hearing date; Service by mail is limited depending on your case situation. Most requests with issues of child custody and child visitation requires personal service method and if it an initial requests and the other party has not been served or appear in your case or a Temporary Order is being requested, you MUST use personal service. If by mail, service date MUST be at least the following : Within State: 16 court days + 5 calendar days; Outside CA: 16 court days + 10 calendar days; Outside US: 16 court days + 20 calendar days; Service on other parent for Child Support by and through the Department of Child Support Services is 35 calendar days from the date the documents are mailed to the other parties. *NOTE: Court days = Monday Friday, excluding court holidays; Calendar days = Sunday Saturday (all days of the week); and Server completes the Proof of Service (personal service form FL-330, mail service form FL-335) for each person served; You file the Proof of Service with the Family Law Clerk PRIOR to the hearing, preferably 5 days before the hearing; Attend Mediation at the appointed time, if any child custody or visitation issue. Sanctions may apply for failure to appear at mediation. All children 8 years and older must go to the mediation hearing; Attend the Court Hearing at the appointed time; Complete a Findings and Order After Hearing (FL-340) following the Court hearing. Minute Order prepared by the Courtroom Clerk are ready in about 2 3 business days. Use the Minute Order to prepare Findings and Order After Hearing. Make sufficient number of copies for all parties. If attorney are involved, make more copies of the unsigned unstamped Findings and Order After Hearing and have a SERVER mail a copy to all parties. The SERVER completes a Proof of Service by Mail (Fl-335). File the original Findings and Order After Hearing and copies with the original Proof of Service by Mail with the Family Law Clerk. If you want your copies to be returned to you by mail, you must supply a selfaddressed-stamped-envelope. Pick up Signed and Stamped Findings and Order After Hearing in about 3 5 business days from the Clerk or if you provided a self-addressed-stamped-envelope you will get your copies by mail. These materials have been compiled through a grant from the Judicial Council of California. The opinions and findings in this publication are those of the author and not necessarily those of the Judicial Council of California. All rights reserved, April 2009, rev. 11/28/2012. SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN, FAMILY LAW FACILITATOR, 1215 TRUXTUN AVE., BAKERSFIELD CA 93301; WMFACIL@KERN.COURTS.CA.GOV

5 FAMILY LAW COURTHOUSE IN KERN COUNTY Kern County Superior Court 1215 Truxtun Avenue Bakersfield, CA Branch Name: Metro-Justice Building (661) Kern County Superior Court 132 East Coso Street Ridgecrest, CA Branch Name: East Kern Division Ridgecrest Branch (760) Kern County Superior Court 325 Central Valley Highway Shafter, CA Branch Name: North Kern Division Shafter/ Wasco Branch (661) Kern County Superior Court 1773 Highway 58 Mojave, CA Branch Name: East Kern Division Mojave Branch (661) Kern County Superior Court 1122 Jefferson Street Delano, CA Branch Name: North Kern Division Delano Branch (661)

6 FL-314-INFO Child Custody Information Sheet-Child Custody Mediation Parents who come to court about child custody and parenting time (visitation) face decisions about parenting plans for their children. This information sheet provides general information about child custody and parenting time matters, how to get help resolving a custody dispute or making a parenting plan, where to find an attorney, and where to find other resources. What is a parenting plan? A parenting plan describes how the parents will divide their responsibilities for taking care of their child. The plan may include a general or specific schedule of days, times, weekends, holidays, vacations, transportation, pick-up/drop-off, limits on travel, counseling and treatment services, and other details. What are legal and physical custody? A parenting plan usually includes: Legal custody: how parents make major decisions about the child s health, education, and welfare; Physical custody: where the child lives; and Parenting time, time-share, or visitation: when the child spends time with each parent. Legal custody and physical custody may each be specified as joint (both parents have certain responsibilities) or sole (one parent has the responsibility alone). Can we make our own parenting plan? Yes. You have a right to make a parenting plan agreement on your own. This agreement may be called a stipulation, time-share plan, or parenting plan. If both parents can agree on a parenting plan, the judge will probably approve it. The agreement becomes a court order after it is signed by both parents and the judge, and filed with the court. What if there is domestic violence or a protective order? If there is domestic violence or a protective order, talk with an attorney, counselor, or mediator before making a parenting plan. For domestic violence help, call the National Domestic Violence Hotline at (TDD: ) or call 211 if available in your area. What if we don't have a parenting plan? If you can t reach an agreement, the court will refer you to mediation with family court services (FCS) to try to work out a parenting plan. What is mediation with family court services? Family court services (FCS) provides mediation to help parents resolve disagreements about the care of their child. The mediator will meet with you and the other parent to try to help you both make a parenting plan. An orientation may be provided that offers additional information about the process. If you are concerned about meeting with the other parent in mediation, or there is a domestic violence issue or a protective order involving the other parent, you may ask to meet alone with the mediator without the other parent. You may also request to have a support person with you at mediation. The support person may not speak for you. Do we have to agree to a parenting plan in mediation? No. You do not have to come to an agreement in mediation. When the parents can t agree, the judge will decide. For legal advice, contact an attorney. For other information, ask the self-help center or family court services about how the process works in your court. Child Custody Information Sheet- Child Custody Mediation Judicial Council of California, FL-314-INFO, Page 1 of 2 Revised January 1, 2012, Optional Form

7 FL-314-INFO Child Custody Information Sheet-Child Custody Mediation Are there other ways to resolve our dispute? Yes. You may try other alternative dispute resolution (ADR) options, including: 1. Meet and Confer: Parents and their attorneys (if any) may meet at any time and as often as necessary to work out a parenting plan without a court hearing. If there is a protective order limiting the contact between the parents, then the meet and confer can be through attorneys or a mediator in separate sessions. 2. Settlement Conference: In some courts, parents may meet with a judge, neutral evaluators, or family law attorneys not involved in the case to discuss settlement. Check with the local court to find out if this is an option. If there is a protective order, the settlement discussion can be through attorneys or a mediator in separate sessions. 3. Private Mediation: Parents may hire a private mediator to help them resolve their dispute. 4. Collaborative Law Process: Each parent hires a lawyer and agrees to resolve the dispute without going to court. The parents may also hire other experts. Court Hearing When the parents cannot agree to a parenting plan on their own, in mediation, or in any other ADR process, the judge will decide. If there is domestic violence or a protective order, a parent may be able to bring a support person with him or her to the court hearing, but the support person may not speak for that person. Where can I get help? This information sheet gives only basic information on the child custody process and is not legal advice. If you want legal advice, ask an attorney for assistance. For other information, you may want to: 1. Contact family court services. 2. Contact the family law facilitator or self-help center for information, local rules and court forms, and referrals to local legal services providers. 3. Find an attorney through your local bar association, the State Bar of California at or the Lawyer Referral Service at Hire a private mediator for help with your parenting agreement. A mediator may be an attorney or counselor. Contact your local bar association, court ADR program, or family court services for a referral to local resources. 5. Find information on the Online Self-Help Center website at 6. For free and low-cost legal help (if you qualify), go to: 7. Find information at your local law library or ask at your public library. 8. Ask for a court hearing and let the judge decide what is best for your child. Requests for Accommodations Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the proceeding. Contact the clerk's office or go to for Request for Accommodations by Persons with Disabilities and Response (form MC-410). (Civil Code, 54.8.) Revised January 1, 2012 Child Custody Information Sheet- Child Custody Mediation FL-314-INFO, Page 2 of 2

8 FL-300-INFO Information Sheet for Request for Order General Instructions The Request for Order (FL-300) form replaces the old Notice of Motion and Order to Show Cause forms. Use the Request for Order form to ask for court orders in your family law case You must complete the top portion of page 1, including your name and address, the court address, case name, and number. 2. Check all the boxes that apply to the orders you are requesting. Check the Modification box if you are requesting a change to an existing order. Check the Temporary Emergency Court Order box if you are requesting that the court issue emergency orders that will be effective before the hearing date. 3. List the name of the other person in your case in item Leave item 2 blank. The court clerk will fill in the date, time, and location of the hearing. 5. In item 3 list all of the forms that you have completed and filed with the court. These are the forms that you will have to provide to the other party. 6. Check the box in front of Court Order on page 1 only when you are: Asking the court for temporary orders to go into effect before the hearing; or Asking that the court order the other person in your case to come to court; or Need an order that allows you to give notice of the hearing after the deadline for giving notice has passed. Leave items 5 9 blank. The court clerk will fill in the information. Complete the sections on pages 2 and 3 that apply to the orders that you are asking the court to make. 8. Date and sign on pages 1 and 3 of the form. 9. Complete any additional forms that you will need to file with your Request for Order. 10. File your completed Request for Order and other forms with the court clerk. (You may have to pay a filing fee. If you can't afford to pay the filing fee, you can ask the court to waive the fee by completing and filing a Request to Waive Court Fees (form FW-001)). For example: If you are asking the court to make child custody orders, check the box marked Child Custody in the box just above item 1 on the first page and complete item 1 on page 2. Form Approved for Optional Use Judicial Council of California FL-300-INFO [New July 1, 2012] Information Sheet for Request for Order If you are asking the court to make custody orders that go into effect before the hearing date, check the box To be ordered pending the hearing in item 1 on page 2 and check the box marked Temporary Emergency Court Order in the box just above number 1 on page 1. Complete the Temporary Emergency Court Orders (form FL-305) and file it with the Request for Order. Ask the family law facilitator or the self-help center staff to explain the procedures for requesting temporary emergency court orders at your court and follow those procedures. Other forms to file with this Request for Order: If you are asking the court to make temporary orders that which will go into effect before the hearing date: a completed Temporary Emergency Court Orders (form FL-305). If you are asking the court to order spousal support: a completed Income and Expense Declaration (form FL-150). If you are asking the court to order child support: A completed Income and Expense Declaration (form FL-150) or a completed Financial Statement (Simplified) (form Fl-155). If you are asking the court for child custody orders: See item 1e on page 2 of the Request for Order (form FL-300) for the list of forms that you may have to complete. If you plan on having witnesses testify at your hearing: a completed Witness List (form FL-321). Note: Do not use Request for Order (FL-300) if you are filing a motion or order to show cause: For a contempt action in a family law case (use Order to Show Cause and Affidavit for Contempt (see form FL-410)) To set aside a child support order (see form FL-361 or FL-640) or a voluntary declaration of paternity (see form FL-280) For a domestic violence protective order under the Domestic Violence Protection Act (see form DV-100). Note: You can use the Request for Order (form FL-300) in a domestic violence protective order case, but only if you have child custody, visitation, or support orders that you need modified. Other types of cases for which there are other Judicial Council forms just for those cases. If you have a question about whether this is the right form for your situation or whether you need to complete additional forms, ask the family law facilitator, self-help center, or the clerk s office at the court. FL-300-INFO, Page 1 of 2

9 FL-300-INFO Information Sheet for Request for Order Instructions for Giving the Other Party Notice (Service) Service by Personal Delivery After you file the Request for Order and other forms with the court clerk, you will get them back with a court date and time stamped on the first page of the Request for Order. You must make sure that the other party receives a copy of the Request for Order and all the other forms so that he or she has notice of the date, time, and location of the hearing and of the orders that you are asking the court to make. This means that you must serve a copy of the Request for Order and all the other documents on the other party. If you completed and filed an Income and Expense Declaration (form FL-150) or a completed Financial Statement (Simplified) (form FL-155), you must include a blank copy of these forms for the other party to complete and file. In general, the other party must be served with the Request for Order and other forms at least 16 court days prior to the hearing. If service is by mail, you must add 5 days. The court may order that the time for service on the other party can be shorter (See item 9 on the Request for Order (form FL-300)). Service by Personal Delivery If you have asked the court for temporary emergency court orders or other orders that will go into effect before the hearing, or you have asked the court to order the other party to attend the hearing and the judicial officer has signed the Court Order portion of the Request for Hearing form: Have someone else (who is at least 18) personally give a copy the Request for Order with the other forms and blank responsive forms to the other party. After the person gives the forms to the other party, he or she should complete a Proof of Personal Service (form FL-330). Information Sheet for Proof of Personal Service (form FL-330-INFO) has instructions to help the person complete the form. You then file the Proof of Personal Service with the clerk of the court 5 court days before the hearing date. Service by Mail If you have not asked the court for orders that will go into effect before the hearing, or you have not asked the court to order the other party to attend the hearing and the Court Order portion on page 1 of the Request for Order has not been completed or signed by the judicial officer: You can ask another person (who is at least 18) to mail the Request for Order with the appropriate attachments and blank responsive forms to the other party. If you filed the Request for Order asking for orders after the judgment was entered in your case or after permanent orders were made in your case, you will need to verify the address of the person who is being served and file proof of the verification with the court. After the person mails the forms, he or she should complete a Proof of Service by Mail (form FL-335). Information Sheet for Proof of Service by Mail (form FL-335-INFO) has instructions to help the person complete the form. You then file the completed Proof of Service by Mail (form FL-335) with the clerk of the court 5 court days before the hearing date. For more information about giving notice, see Information Sheet for Proof of Personal Service (FL-330-INFO) or Information Sheet for Proof of Service by Mail (FL-335-INFO). If you have questions about service or need additional assistance, contact the family law facilitator or self-help center in your county. [New July 1, 2012] Information Sheet for Request for Order FL-300-INFO, Page 2 of 2

10 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY FL-300 YOUR NAME YOUR ADDRESS CITY, STATE, and ZIP CODE TELEPHONE NO.: PHONE NUMBER ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT/PARTY: FAX NO. (Optional): IN PRO PER KERN (SEE ATTACHED LIST OF KERN COURT'S ADDRESSES) REQUEST FOR ORDER MODIFICATION Temporary Emergency X Child Custody X Visitation Court Order X Child Support X Spousal Support X Other (specify): Attorney Fees and Costs (LIST THE ISSUE) See attached Information Sheet, Request for Order FL-300-INFO for more information about this form. 1. TO (name): PUT THE OTHER PARTY'S NAME (and DCSS - if DCSS case and child support is an issue or requested) 2. A hearing on this Request for Order will be held as follows: If child custody or visitation is an issue in this proceeding, Family Code section 3170 requires mediation before or at the same time as the hearing (see item 7.) a. Date: LEAVE BLANK Time: LEAVE BLANK Dept.: LEAVE BLANK Room: b. Address of court X same as noted above other (specify): 3. Attachments to be served with this Request for Order: a. A blank Responsive Declaration (form FL-320) b. X Completed Income and Expense Declaration (form (CHECK ALL FORMS THAT'S FL-150) and a blank Income and Expense BEING ATTACHED) Declaration Date: DATE YOU SIGN PRINT YOUR NAME (TYPE OR PRINT NAME) c. Completed Financial Statement (Simplified) (form FL-155) and a blank Financial Statement (Simplified) d. Points and authorities e. X Other (specify): (LIST ALL OTHER FORMS YOU ARE ATTACHING (e.g. "UCCJEA) SIGN YOUR NAME (SIGNATURE) X COURT ORDER 4. X YOU ARE ORDERED TO APPEAR IN COURT AT THE DATE AND TIME LISTED IN ITEM 2 TO GIVE ANY LEGAL REASON WHY THE ORDERS REQUESTED SHOULD NOT BE GRANTED. (LEAVE #s Time for service hearing is shortened. Service must be on or before (date): BLANK) 6. Any responsive declaration must be served on or before (date): 7. The parties are ordered to attend mandatory custody services as follows: 8. You are ordered to comply with the Temporary Emergency Court Orders (form FL-305) attached. 9. Other (specify): Date: JUDICIAL OFFICER To the person who received this Request for Order: If you wish to respond to this Request for Order, you must file a Responsive Declaration to Request for Order (form FL-320) and serve a copy on the other parties at least nine court days before the hearing date unless the court has ordered a shorter period of time. You do not have to pay a filing fee to file the Responsive Declaration to Request for Order (form FL-320) or any other declaration including an Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155). Page 1 of 4 Form Adopted for Mandatory Use REQUEST FOR ORDER Family Code, 2045, 2107, 6224, Judicial Council of California FL-300 [Rev. July 1, 2012] 6226, , Government Code,

11 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT/PARTY: FL-300 (CHECK ONE TO SHOW WHICH PARTY YOU ARE TO THE CASE) REQUEST FOR ORDER AND SUPPORTING DECLARATION (CHECK THE BOX THAT X Petitioner Respondent Other Parent/Party requests the following orders: APPLY TO THE REQUEST YOU WANT THE COURT 1. X CHILD CUSTODY To be ordered pending the hearing TO MAKE ORDERS FOR) a. Child's name and age b. Legal custody to (name of person who makes decisions about health, education, etc.) c. Physical custody to (name of person with whom child will live) CHILD'S NAME & AGE SOLE or JOINT SOLE or JOINT NAME OF PARENT(S) NAME OF PARENT(S) d. As requested in form Child Custody and Visitation Application Attachment (form FL-311) (CHECK IF YOU ARE Request for Child Abduction Prevention Orders (form FL-312) ATTACHING ANY Children's Holiday Schedule Attachment (form FL-341(C)) FORM) Additional Provisions Physical Custody Attachment (form FL-341(D)) Joint Legal Custody Attachment (form FL-341(E)) Other (Attachment 1d) e. Modify existing order (CHECK AND COMPLETE SECTION 1e ONLY IF THERE IS AN EXISTING (1) filed on (date): ORDER REGARDING CHILD CUSTODY AND YOU ARE REQUESTING TO (2) ordering (specify): CHANGE IT. IF SO, COMPLETE (1) AND LIST THE FILED DATE OF THAT EXISTING ORDER AND (2) SPECIFY THE EXISTING ORDER) 2. X CHILD VISITATION (PARENTING TIME) To be ordered pending the hearing a. As requested in: (1) Attachment 2a (2) X Child Custody and Visitation Application Attachment (form FL-311) (3) Other (specify): b. Modify existing order (CHECK AND COMPLETE SECTION 2b ONLY IF THERE IS AN EXISTING ORDER (1) filed on (date): REGARDING CHILD VISITATION AND YOU ARE REQUESTING TO CHANGE IT. IF (2) ordering (specify): SO, COMPLETE (1) AND LIST THE FILED DATE OF THAT EXISTING ORDER AND (2) SPECIFY THE EXISTING ORDER) c. One or more domestic violence restraining/protective orders are now in effect. (Attach a copy of the orders if you have one.) The orders are from the following court or courts (specify county and state): (1) Criminal: County/state: (3) Juvenile: County/state: Case No. (if known): Case No. (if known): (2) Family: County/state: (4) Other: County/state: Case No. (if known): Case No. (if known): 3. X CHILD SUPPORT (An earnings assignment order may be issued.) a. Child's name and age b. I request support based on the c. Monthly amount requested (if not by guideline) CHILD'S NAME AGE child support guidelines $ (IF YOU ARE REQUESTING CHILD SUPPORT COMPLETE THIS SECTION AND CHECK "b" or COMPLETE "c") d. Modify existing order (CHECK AND COMPLETE SECTION 3d ONLY IF THERE IS AN EXISTING (1) filed on (date): ORDER REGARDING CHILD SUPPORT AND YOU ARE REQUESTING (2) ordering (specify): TO CHANGE IT. IF SO, COMPLETE (1) AND LIST THE FILED DATE OF THAT EXISTING ORDER AND (2) SPECIFY THE EXISTING ORDER) Notice: The court is required to order child support based on the income of both parents. It normally continues until the child is 18. You must supply the court with information about your finances by filing an Income and Expense Declaration (form FL-150) or a Financial Statement (Simplified) (form FL-155). Otherwise, the child support order will be based on information about your income that the court receives from other sources, including the other parent. FL-300 [Rev. July 1, 2012] REQUEST FOR ORDER Page 2 of 4

12 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT/PARTY: 4. X SPOUSAL OR PARTNER SUPPORT (An earnings assignment order may be issued.) a. X Amount requested (monthly): $ GUIDELINE c. Modify existing order b. Terminate existing order(complete SECTION 4b or 4c ONLY IF (1) filed on (date): THERE IS AN EXISTING ORDER RE (1) filed on (date): SPOUSAL OR PARTNER SUPPORT AND (2) ordering (specify): (2) ordering (specify): YOU ARE REQUESTING TO CHANGE IT) d. The Spousal or Partner Support Declaration Attachment (form FL-157) is attached (for modification of spousal or partner support after judgment only) e. An Income and Expense Declaration (form FL-150) must be attached 5. ATTORNEY FEES AND COSTS are requested on Request for Attorney Fees and Costs Order Attachment (form FL-319) or a declaration that addresses the factors covered in that form. An Income and Expense Declaration (form FL-150) must be attached. A Supporting Declaration for Attorney Fees and Costs Order Attachment (form FL-158) or a declaration that addresses the factors covered in that form must also be attached. 6. PROPERTY RESTRAINT To be ordered pending the hearing a. The petitioner respondent claimant is restrained from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, except in the usual course of business or for the necessities of life. The applicant will be notified at least five business days before any proposed extraordinary expenditures, and an accounting of such will be made to the court. b. Both parties are restrained and enjoined from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties or their minor children. c. Neither party may incur any debts or liabilities for which the other may be held responsible, other than in the ordinary course of business or for the necessities of life. 7. PROPERTY CONTROL To be ordered pending the hearing a. The petitioner respondent is given the exclusive temporary use, possession, and control of the following property that we own or are buying (specify): FL-300 b. The petitioner respondent is ordered to make the following payments on liens and encumbrances coming due while the order is in effect: Debt Amount of payment Pay to 8. X OTHER RELIEF (specify): NOTE: To obtain domestic violence restraining orders, you must use the forms Request for Order (Domestic Violence Prevention) (form DV-100), Temporary Restraining Order (Domestic Violence) (form DV-110), and Notice of Court Hearing (Domestic Violence) (form DV-109). FL-300 [Rev. July 1, 2012] REQUEST FOR ORDER Page 3 of 4

13 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT/PARTY: 9. I request that time for service of the Request for Order and accompanying papers be shortened so that these documents may be served no less than (specify number): days before the time set for the hearing. I need to have this order shortening time because of the facts specified in item 10 or the attached declaration. 10. X FACTS IN SUPPORT of orders requested and change of circumstances for any modification are (specify): X Contained in the attached declaration. (You may use Attached Declaration (form MC-031) for this purpose. The attached declaration must not exceed 10 pages in length unless permission to file a longer declaration has been obtained from the court.) EXPLAIN HERE WHY YOU WANT EACH ORDER REQUESTED or ATTACH A SEPARATE DECLARATION. IF YOU ARE USING AN ATTACHED DECLARATION, YOU MUST NOT EXCEED 10 PAGES IN LENGTH (SINGLE-SIDED). FL-300 ***IF YOU WANT MORE SPECIFIC CUSTODY/VISITATION SCHEDULE, YOU MAY USE FORMS FL-311; FL-312; FL-341(C); FL-341(D); FL-341(E); OR ATTACHMENT 2A (BLANK FORM MC-020).*** ***IF YOU ARE REQUESTING ORDERS PENDING THE HEARING FOR ANY OF THE ABOVE ITEMS, YOU WILL NEED TO ADD A TEMPORARY ORDER (FORM FL-305). YOU MUST ALSO INCLUDE THE REQUEST FOR TEMPORARY ORDERS; NOTICE TO THE OTHER PARTY (GOLDENROD LOCAL FORM).*** I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: DATE YOU SIGN PRINT YOUR NAME (TYPE OR PRINT NAME) SIGN YOUR NAME (SIGNATURE OF APPLICANT) Requests for Accommodations Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the proceeding. Contact the clerk s office or go to for Request for Accommodations by Persons With Disabilities and Response (form MC-410). (Civil Code, 54.8.) FL-300 [Rev. July 1, 2012] REQUEST FOR ORDER Page 4 of 4

14 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: X CHILD CUSTODY AND VISITATION APPLICATION ATTACHMENT TO Petition, Response, Application for Order or Responsive Declaration Other (specify): To be ordered now and effective until the hearing FL-311 (COMPLETE ONLY THE SECTION YOU ARE REQUESTING AN ORDER FOR) X 1. Custody. Custody of the minor children of the parties is requested as follows: Child's Name Date of Birth Legal Custody to Physical Custody to (person who makes decisions about (person with whom the child lives) health, education, etc.) CHILD'S NAME DATE OF BIRTH MOTHER/FATHER'S NAME OR JOINT MOTHER/FATHER'S NAME OR JOINT X 2. Visitation. a. Reasonable right of visitation to the party without physical custody (not appropriate in cases involving domestic violence) b. See the attached -page document dated (specify date): c. The parties will go to mediation at (specify location): d. No visitation (CHECK WHICH PARTY) e. Visitation for the petitioner respondent will be as follows: X X X SPECIFY STARTING DATE (1) Weekends starting (date): (The first weekend of the month is the first weekend with a Saturday.) 1st 2nd 3rd 4th 5th weekend of the month from at a.m. p.m. (day of week) (time) to at a.m. p.m. (day of week) (time) (a) The parents will alternate the fifth weekends, with the petitioner respondent having the initial fifth weekend, which starts (date): (b) The petitioner will have fifth weekends in odd even months. (2) Alternate weekends starting (date) : The petitioner respondent will have the children with him or her during the period from at a.m. p.m. (day of week) (time) to at a.m. p.m. (day of week) (time) (3) Weekdays starting (date) : The petitioner respondent will have the children with him or her during the period from at a.m. p.m. (day of week) (time) to at a.m. p.m. (day of week) (time) (4) Other (specify days and times as well as any additional restrictions): See Attachment 2e(4). Page 1 of 2 Form Approved for Optional Use CHILD CUSTODY AND VISITATION APPLICATION ATTACHMENT Family Code, 6200 et seq. Judicial Council of California FL-311 [Rev. July 1, 2005] X X X FRIDAY 6:00 X SUNDAY 6:00 X X SPECIFY STARTING DATE X TUESDAY 5:00 X TUESDAY 9:00 X X LIST/SPECIFY DAYS, TIMES, OR RESTRICTIONS HERE -OR- USE FORM MC-020 AND TITLE IT AS "ATTACHMENT 2e(4)"

15 PETITIONER: RESPONDENT: 3. Supervised visitation. I request that (name) : have supervised visitation with the minor children according to the schedule set out on page 1 and that the visits be supervised by (name) : who is a professional nonprofessional supervisor. The supervisor's phone number is (specify) : I request that the costs of supervision be paid as follows: petitioner: percent; respondent: percent. If item 3 is checked, you must attach a declaration that shows why unsupervised visitation would be bad for your children. The judge is required to consider supervised visitation if one parent is alleging domestic violence and is protected by a restraining order. 4. Transportation for visitation and place of exchange. a. Transportation to the visits will be provided by (name) : b. Transportation from the visits will be provided by (name) : c. Drop-off of the children will be at (address) : d. Pick-up of the children will be at (address) : e. The children will be driven only by a licensed and insured driver. The car or truck must have legal child restraint devices. f. During the exchanges, the parent driving the children will wait in the car and the other parent will wait in his or her home while the children go between the car and the home. g. Other (specify) : (COMPLETE ONLY THE SECTION YOU ARE REQUESTING AN ORDER FOR) 5. Travel with children. The petitioner respondent other (name) : must have written permission from the other parent or a court order to take the children out of a. the state of California. b. the following counties (specify) : c. other places (specify) : (COMPLETE ONLY THE SECTION YOU ARE REQUESTING AN ORDER FOR) 6. Child abduction prevention. There is a risk that one of the parents will take the children out of California without the other parent's permission. I request the orders set out on attached form FL Children's holiday schedule. I request the holiday and visitation schedule set out on the attached form FL-341(C) other (specify): 8. Additional custody provisions. I request the additional orders regarding custody set out on the attached form FL-341(D) other (specify): 9. Joint legal custody provisions. I request joint legal custody and want the additional orders set out on the attached form FL-341(E) other (specify): 10. Other. I request the following additional orders (specify) : FL-311 [Rev. July 1, 2005] CHILD CUSTODY AND VISITATION APPLICATION ATTACHMENT Page 2 of 2

16 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY FL-105/GC-120 YOUR NAME YOUR ADDRESS CITY, STATE, and ZIP CODE PHONE NUMBER TELEPHONE NO.: ADDRESS (Optional): FAX NO.(Optional): ATTORNEY FOR (Name): IN PRO PER SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: (SEE ATTACHED LIST OF MAILING ADDRESS: KERN COURT'S ADDRESSES) CITY AND ZIP CODE: BRANCH NAME: PETITIONER: RESPONDENT: OTHER PARTY: (This section applies only to family law cases.) (This section applies only to guardianship cases.) GUARDIANSHIP OF (Name): Minor LEAVE BLANK DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) 1. I am a party to this proceeding to determine custody of a child. 2. My present address and the present address of each child residing with me is confidential under Family Code section 3429 as I have indicated in item There are (specify number): 2 minor children who are subject to this proceeding, as follows: (Insert the information requested below. The residence information must be given for the last FIVE years.) a. Child's name Place of birth Date of birth Sex CHILD'S NAME (oldest child if more than 1 child) CITY, STATE DATE OF BIRTH M or F Period of residence Address Person child lived with (name and complete current address) Relationship DATE ADDRESS, CITY & STATE PERSON CHILD IS LIVING WITH MOM, DAD, or to present Confidential Confidential ADDRESS, CITY & STATE PARENTS Child's residence (City, State) Child's residence (City, State) (MUST GIVE RESIDENCE INFORMATION FOR LAST 5 YEARS or IF CHILD IS LESS THAN 5 YEARS OLD, MUST GIVE RESIDENCE FROM to BIRTH TO PRESENT). Person child lived with (name and complete current address) Person child lived with (name and complete current address) to Child's residence (City, State) Person child lived with (name and complete current address) to b. Child's name Place of birth Date of birth Sex CHILD'S NAME (if more than 1 child) CITY, STATE DATE OF BIRTH M or F X Residence information is the same as given above for child a. (If NOT the same, provide the information below.) (CHECK THIS BOX IF RESIDENCE INFORMATION FOR THIS CHILD IS SAME AS CHILD "a" AND LEAVE THIS CHILD'S RESIDENCE INFORMATION BLANK). Period of residence Address Person child lived with (name and complete current address) Relationship to present Confidential Confidential Child's residence (City, State) Person child lived with (name and complete current address) to Child's residence (City, State) Person child lived with (name and complete current address) (CHECK C or D IF NEEDED) to to Child's residence (City, State) Person child lived with (name and complete current address) c. Additional residence information for a child listed in item a or b is continued on attachment 3c. d. Additional children are listed on form FL-105(A)/GC-120(A).(Provide all requested information for additional children.) Page 1 of 2 Form Adopted for Mandatory Use DECLARATION UNDER UNIFORM CHILD CUSTODY Family Code, 3400 et seq.; Judicial Council of California Probate Code, 1510(f), 1512 FL-105/GC-120 [Rev. January 1, 2009] JURISDICTION AND ENFORCEMENT ACT (UCCJEA)

17 SHORT TITLE: FL-105/GC Do you have information about, or have you participated as a party or as a witness or in some other capacity in, another court case or custody or visitation proceeding, in California or elsewhere, concerning a child subject to this proceeding? Yes X No (If yes, attach a copy of the orders (if you have one) and provide the following information): VS. (IF YES IS CHECKED, COMPLETE BELOW) Court Proceeding Case number (name, state, location) a. Family b. Guardianship c. Other Court order or judgment (date) Name of each child Your connection to the case Case status d. e. Proceeding Juvenile Delinquency/ Juvenile Dependency Adoption Case Number Court (name, state, location) 5. One or more domestic violence restraining/protective orders are now in effect. (Attach a copy of the orders if you have one and provide the following information): Court a. Criminal County State Case number (if known) Orders expire (date) b. Family c. d. Juvenile Delinquency/ Juvenile Dependency Other 6. Do you know of any person who is not a party to this proceeding who has physical custody or claims to have custody of or visitation rights with any child in this case? Yes X No (If yes, provide the following information) : (IF YES IS CHECKED, COMPLETE BELOW) a. Name and address of person b. Name and address of person c. Name and address of person Has physical custody Has physical custody Has physical custody Claims custody rights Claims custody rights Claims custody rights Claims visitation rights Claims visitation rights Claims visitation rights Name of each child Name of each child Name of each child I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: DATE YOU SIGN PRINT YOUR NAME (TYPE OR PRINT NAME) SIGN YOUR NAME (SIGNATURE OF DECLARANT) 7. Number of pages attached: NOTICE TO DECLARANT: You have a continuing duty to inform this court if you obtain any information about a custody proceeding in a California court or any other court concerning a child subject to this proceeding. FL-105/GC-120 [Rev. January 1, 2009] DECLARATION UNDER UNIFORM CHILD CUSTODY Page 2 of 2 JURISDICTION AND ENFORCEMENT ACT (UCCJEA)

18 *USE THIS FORM AS AN ATTACHMENT IF THERE ARE MORE THAN 2 CHILDREN IN THE CASE* CASE NAME: VS. c. Child's name CHILD'S NAME X Residence information is the same as given on form FL-105/GC-120 for child a. (If NOT the same, provide the information below.) FL-105(A)/GC-120(A) ATTACHMENT TO DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) Place of birth Date of birth Sex CITY & STATE OF BIRTH DATE OF BIRTH M or F Period of residence Present address Person child lived with (name and complete current address) Relationship to present Confidential Child's residence (City, State) Confidential Person child lived with (name and complete current address) to Child's residence (City, State) Person child lived with (name and complete current address) to Child's residence (City, State) Person child lived with (name and complete current address) to Child's name Residence information is the same as given on form FL-105/GC-120 for child a. (If NOT the same, provide the information below.) Place of birth Date of birth Sex Period of residence Address Person child lived with (name and complete current address) Relationship to present Confidential Confidential Child's residence (City, State) Person child lived with (name and complete current address) to Child's residence (City, State) Person child lived with (name and complete current address) to Child's residence (City, State) Person child lived with (name and complete current address) to Child's name Place of birth Date of birth Sex Residence information is the same as given on form FL-105/GC-120 for child a. (If NOT the same, provide the information below.) Period of residence Address Person child lived with (name and complete current address) Relationship to present Confidential Confidential Child's residence (City, State) Person child lived with (name and complete current address) to Child's residence (City, State) Person child lived with (name and complete current address) to Child's residence (City, State) Person child lived with (name and complete current address) to Form Adopted for Mandatory Use Judicial Council of California FL-105(A)/GC-120(A) [New January 1, 2009] ATTACHMENT TO DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) Page of Family Code, 3400 et seq.; Probate Code, 1510(f),

19 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) : FOR COURT USE ONLY FL-150 YOUR NAME YOUR ADDRESS CITY, STATE, and ZIP CODE PHONE NUMBER TELEPHONE NO.: ADDRESS (Optional) : ATTORNEY FOR (Name): IN PRO PER SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: (SEE ATTACHED LIST OF MAILING ADDRESS: KERN COURT'S ADDRESSES) CITY AND ZIP CODE: BRANCH NAME: PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT/CLAIMANT: INCOME AND EXPENSE DECLARATION ***USED WHEN REQUESTING CHILD AND/OR SPOUSAL SUPPORT ***YOU MUST ATTACH AT LEAST 2 MONTHS WORTH OF PROOF OF INCOME 1. Employment (Give information on your current job or, if you're unemployed, your most recent job.) Attach copies a. Employer: BAKERSFIELD HOSPITAL of your pay b. Employer's address: 124 HOSPITAL ROW, BAKERSFIELD, CA stubs for last c. Employer's phone number: (661) two months d. Occupation: AD, OTTOMG, G, ERL (black out e. Date job started: 01/2004 social f. If unemployed, date job ended: (COMPLETE THIS IF YOU ARE NO LONGER WORKING) security g. I work about 40 hours per week. numbers). h. I get paid $ 1, gross (before taxes) X per month per week per hour. (If you have more than one job, attach an 8 1/2-by-11-inch sheet of paper and list the same information as above for your other jobs. Write "Question 1 - Other Jobs" at the top.) 2. Age and education a. My age is (specify): 25 b. I have completed high school or the equivalent: X Yes No If no, highest grade completed (specify): c. Number of years of college completed (specify): 2 X Degree(s) obtained (specify): AA d. Number of years of graduate school completed (specify): Degree(s) obtained (specify): e. I have: professional/occupational license(s) (specify): X vocational training (specify): MEDICAL FRONT OFFICE 3. Tax information a. X I last filed taxes for tax year (specify year): 2005 b. My tax filing status is single X head of household married, filing separately married, filing jointly with (specify name): c. I file state tax returns in X California other (specify state): d. I claim the following number of exemptions (including myself) on my taxes (specify): 4 4. Other party's income. I estimate the gross monthly income (before taxes) of the other party in this case at (specify): $ 5, This estimate is based on (explain): WE WERE MARRIED FOR 5 YEARS AND THAT IS THE AMOUNT MY SPOUSE MADE WHEN WE WERE LIVING TOGETHER. (If you need more space to answer any questions on this form, attach an 8 1/2-by-11-inch sheet of paper and write the question number before your answer.) Number of pages attached: I declare under penalty of perjury under the laws of the State of California that the information contained on all pages of this form and any attachments is true and correct. Date: DATE YOU SIGN PRINT YOUR NAME (TYPE OR PRINT NAME) SIGN YOUR NAME (SIGNATURE OF DECLARANT) Page 1 of 4 Form Adopted for Mandatory Use INCOME AND EXPENSE DECLARATION Family Code, , Judicial Council of California , 3552, , FL-150 [Rev. January 1, 2007] ,

20 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT/CLAIMANT: FL-150 Attach copies of your pay stubs for the last two months and proof of any other income. Take a copy of your latest federal tax return to the court hearing. (Black out your social security number on the pay stub and tax return.) 5. Income (For average monthly, add up all the income you received in each category in the last 12 months Average and divide the total by 12.) Last month monthly a. Salary or wages (gross, before taxes)...$ b. Overtime (gross, before taxes)...$ c. Commissions or bonuses...$ d. Public assistance (for example: TANF, SSI, GA/GR) currently receiving...$ e. Spousal support from this marriage from a different marriage...$ f. Partner support from this domestic partnership from a different domestic partnership $ g. Pension/retirement fund payments...$ h. Social security retirement (not SSI)...$ i. Disability: Social security (not SSI) State disability (SDI) Private insurance. $ j. Unemployment compensation...$ k. Workers' compensation...$ l. Other (military BAQ, royalty payments, etc.) (specify) :...$ 1, , Investment income (Attach a schedule showing gross receipts less cash expenses for each piece of property.) a. Dividends/interest...$ b. Rental property income...$ c. Trust income...$ d. Other (specify) :...$ Income from self-employment, after business expenses for all businesses...$ I am the owner/sole proprietor business partner other (specify) : Number of years in this business (specify) : Name of business (specify) : Type of business (specify) : Attach a profit and loss statement for the last two years or a Schedule C from your last federal tax return. Black out your social security number. If you have more than one business, provide the information above for each of your businesses. 8. X Additional income. I received one-time money (lottery winnings, inheritance, etc.) in the last 12 months (specify source and amount) : INHERITANCE FROM MY AUNT 2, X Change in income. My financial situation has changed significantly over the last 12 months because (specify) : BONUSES AND OVERTIME ARE NOT OFFERED EACH MONTH. 10. Deductions Last month a. Required union dues...$ b. Required retirement payments (not social security, FICA, 401(k), or IRA)...$ 0.00 c. Medical, hospital, dental, and other health insurance premiums (total monthly amount)...$ d. Child support that I pay for children from other relationships...$ 0.00 e. Spousal support that I pay by court order from a different marriage...$ 0.00 f. Partner support that I pay by court order from a different domestic partnership...$ 0.00 g. Necessary job-related expenses not reimbursed by my employer (attach explanation labeled "Question 10g")...$ Assets Total a. Cash and checking accounts, savings, credit union, money market, and other deposit accounts...$ b. Stocks, bonds, and other assets I could easily sell...$ 0.00 c. All other property, X real and personal (estimate fair market value minus the debts you owe) $ 0.00 FL-150 [Rev. January 1, 2007] INCOME AND EXPENSE DECLARATION Page 2 of 4