Legal Update: New Rules and Forms for Family Law and Domestic May 1, 2012

Transcription

1 Legal Update: New Rules and Forms for Family Law and Domestic May 1, 2012 Gabrielle D. Selden, J.D. Judicial Council, AOC Center for Families, Children & the Courts

2 Judicial Council Rules and Forms Family Law and Domestic Violence Prevention

3 Overview Part I: January 1, 2012 Part II: July 1, 2012 Part III: January 1, 2013

4 Rules and Forms Effective January 1, Family law rules 37 New/revised FL-forms 2 New DV rules 31 DV new/revised DV-forms

5 Rules and Forms Effective July 1, Family law rules 18 New/revised FL-forms 1 DV rule

6 Rules and Forms Effective January 1, 2013 New, restructured amended Family Law Rules of Court 18 amended rules 30 new rules of court

7 Part I: January 1, 2012 Children s participation & testimony Parentage in DVPA cases Custody, support orders in DVPA cases Access to CPS records Conform restraining orders Postjudgment address verification Attorney s fees and costs Minor s counsel Family Centered Case Resolution Disso of Domestic Partners/Marriage

8 Children s Participation AB 1050 Amended FC 3042 Rule 5.250

9 Children s Participation Inform court of child s wishes Court decides if/how child participates or testifies Testimony or input from child

10 Parentage Judgments in DVPA cases Stipulate to parentage in DVPA AB 939 Amended FC 6323 Form DV-180 Rule fees, retention and where to file

11 Agreement and Judgment of Parentage (DV-180), 3 pgs. 1 DV-180 Protected Person: Agreement and Judgment of Parentage This form is used only when parents agree to be named as legal parents of their children. Parents complete 31 through 93. Name: Relationship to the children in this case (check one): Mother Father Your lawyer in this case (if you have one): Name: State Bar No.: Firm name: Address (If you have a lawyer for this case, give your lawyer s information. If you do not have a lawyer and want to keep your home address private, give a different mailing address instead. You do not have to give your telephone number, fax, or .) Address: City: Telephone number: (optional): address: State: Fax: Zip: Clerk stamps date here when form is filed. Fill in court name and street address: Superior Court of California, County of Fill in case number: Case Number: 2 Restrained Person: Name: Relationship to the children in this case (check one): Mother Father Address: City: State: Zip: Agreement of Parentage 3 No Other Parentage Case a. We are the parents of the children listed below. b. To the best of our knowledge (check each box that is true): 1. There is no court case in which another person claims to be or is alleged to be the parent of the children. 2. No court has ordered or found that someone other than us is a parent of the children. 3. There is no pending adoption or guardianship case for the children. 4. No other person has signed a voluntary declaration of paternity for the children. 4 The children in this case are (specify): Child s Name a. b. c. d. Date of Birth Sex Check here if you need more space. Use a sheet of paper and print Children as a title. Judicial Council of California, New January 1, 2012, Mandatory Form Family Code, 6323, 7600 et seq. Agreement and Judgment of Parentage (Domestic Violence Prevention) DV-180, Page 1 of 3

12 DV-survival of custody/support orders AB 939 (FC 6340) FC 6345 Custody/visitation/support Survives the restraining order Rule fees and retention

13 Restraining Order After Hearing (FL-300) 1 DV-130 Name of Protected Person: Restraining Order After Hearing (Order of Protection) Your lawyer in this case (if you have one): Name: State Bar No.: Firm Name: Address (If you have a lawyer for this case, give your lawyer s information. If you do not have a lawyer and want to keep your home address private, give a different mailing address instead. You do not have to give your telephone, fax, or .): Address: City: Telephone: State: Fax: Zip: Address: Clerk stamps date here when form is filed. Fill in court name and street address: Superior Court of California, County of 2 Name of Restrained Person: Fill in case number: Case Number: Description of restrained person: 3 Sex: Race: M F Height: Weight: Hair Color: Age: Eye Color: Date of Birth: Mailing Address (if known): City: State: Zip: Relationship to protected person: Additional Protected Persons In addition to the person named in 1, the following persons are protected by orders as indicated in item 6 and 7 (family or household members): Full name Relationship to person in 1 Sex Age 4 Check here if there are additional protected persons. List them on an attached sheet of paper and write, DV-130, Additional Protected Persons as a title. Expiration Date The orders, except as noted below, end on (date): at (time): a.m. p.m. or midnight If no date is written, the restraining order ends three years after the date of the hearing in item 5 (a). If no time is written, the restraining order ends at midnight on the expiration date. Note: Custody, visitation, child support, and spousal support orders remain in effect after the restraining order ends. Custody, visitation and child support orders usually end when the child is 18. The court orders are on pages 2, 3, 4 and 5 and attachment pages (if any). This order complies with VAWA and shall be enforced throughout the United States. See page 5. Judicial Council of California, Revised January 1, 2012, Mandatory Form Family Code, 6200 et seq. Approved by DOJ This is a Court Order. Restraining Order After Hearing (CLETS OAH) (Order of Protection) (Domestic Violence Prevention) DV-130, Page 1 of 6

14 Omnibus Legislation 1/1/2012 AB 1596 Conforms RO statutes CH, WV, DVPA, EA, JV, SV Ro s

15 Conform RO s Service of process = 5 days Renewal = 3 months b4 expire Include family or household (no residency requirement) Duration differences

16 Omnibus Legislation-DVPA Protected persons address 3 certified copies DVPA orders Prohibitions on ammunitions

17 More DV Legislation AB 454 adds FC 6345(d) Termination request Personally served 16 days Waiver

18 Renewal of DV Orders Responsive dec (DV-720) One page order (DV-730) OK to complete new DV-130 if that s clearer.

19 DV-720 Use this form to respond to the Request to Renew Restraining Order (Form DV-700) Fill out this form and then take it to the court clerk. Have someone age 18 or older not you or anyone in 3 on Form DV-130 serve the person in 1 by mail with a copy of this form and any attached pages. (Use Form DV-250, Proof of Service by Mail.) Response a. b. Judicial Council of California, New January 1, 2012, Mandatory Form Family Code 6345 Response to Request to Renew Restraining Order Protected Person (See Form DV-700, item 1 ): 2 Restrained Person: Your lawyer in this case (if you have one): Name: State Bar No.: Firm Name: Address (If you have a lawyer for this case, give your lawyer s information. If you do not have a lawyer and want to keep your home address private, give a different mailing address instead. You do not have to give your telephone, fax, or .): Address: City: State: Zip: Telephone: Fax: Address: I agree to renew the order. I do not agree to renew the order. I ask the court not to renew the order because (specify): Check here if you need more space. Attach a sheet of paper and write DV-720, Reason to Not Renew for a title. Fill in case number: Case Number: Response to Request to Renew Restraining Order (Domestic Violence Prevention) Clerk stamps date here when form is filed. Fill in court name and street address: Superior Court of California, County of The court will consider your Response at the hearing. Write your hearing date, time, and place from Form DV-710, item 3 here: Hearing Date: Date Time: Dept.: Room: You must continue to obey the current restraining order on Form DV-130 (Restraining Order After Hearing) until the hearing. If you do not come to the hearing, the court may renew the order against you 5 years or permanently. I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: Type or print your name Sign your name Date: Your lawyer s name, if you have one Lawyer s signature DV-720, Page 1 of DV-730 Name of Protected Person: Name of Restrained Person: Description of restrained person: Order to Renew Domestic Violence Restraining Order Your lawyer in this case (if you have one): Name: State Bar No.: Firm Name: Address (If you have a lawyer for this case, give your lawyer s information. If you do not have a lawyer and want to keep your home address private, give a different mailing address instead. You do not have to give your telephone, fax, or .): Address: City: State: Zip: Telephone: Fax: Address: 3 Hearing There was a hearing on (date): at (time): a.m. p.m. Dept. Room: These people were at the hearing: a. The person in : 1 c. The lawyer for the person in 1 (name): b. The person in 2 d. The lawyer for the person in 2 (name): 4 Renewal and Expiration The request to renew the attached restraining order, issued on (date): a. Judicial Council of California, New January 1, 2012, Mandatory Form Family Code section 6345 GRANTED. The attached restraining order is renewed and will now be in effect for: 5 years permanently (the renewed restraining order must be attached to this form.) Number of pages attached: Date: This is a Court Order. Judicial Officer Order to Renew Domestic Violence Restraining Order (CLETS) (Domestic Violence Prevention) Clerk stamps date here when form is filed. Fill in court name and street address: Superior Court of California, County of Fill in case number: Case Number: Sex: M F Height: Weight: Hair Color: Eye Color: Race: Age: Date of Birth: Mailing Address (if known): City: State: Zip: Relationship to protected person: The attached order will expire on: (date): (time): (Child custody, visitation, and support orders may have been modified and may be different from those issued on the attached restraining order). b. DENIED. The attached restraining order expires as stated in that order. a.m. p.m. or is: midnight DV-730, Page 1 of 1

20 Related Family Laws AB 939 W&I Code section Access to CPS records

21 W&I CPS authorized to permit inspection, and provide copies, of records to: (1) Judge/commissioner (2) Parent/guardian of minor (3) Attorney for party (4) Mediator (5) Court-appointed investigator, evaluator (6) Minor s counsel if actively participating in the family law or probate case.

22 Postjudgment Address Verification AB 939 amended FC 215 Postjudgment address verification New and revised FL forms

23 Declaration Regarding Address Verification Postjudgment Request to Modify Child Custody, Visitation, or Child Support Orders (FL-334), 2 pages) ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: FAX NO. (Optional): ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PETITIONER/PLAINTIFF: FOR COURT USE ONLY FL-334 RESPONDENT/DEFENDANT: OTHER PARENT/PARTY: DECLARATION REGARDING ADDRESS VERIFICATION POSTJUDGMENT REQUEST TO MODIFY A CHILD CUSTODY, VISITATION, OR CHILD SUPPORT ORDER CASE NUMBER: 1. I am the attorney for petitioner respondent other parent other party in this matter providing services in the case. Service of the request solely to modify child support will be made on other party by serving The request is to modify a judgment or permanent order only for child support and a local child support agency is the local child support agency at least 30 days prior to the hearing as provided in Family Code sections 17404(e)(3) and 17406(f). The request is to modify a judgment or permanent orders for child custody, visitation, or child support. Note: If you cannot verify the other party s current residence or office address, mail service may not be used. The other party must be personally served. Proof of Personal Service (form FL-330) may be used for this purpose. a. Before the request was served on the other party by mail, I verified in the previous 30 days that the other party s current current residence or office address is (specify): b. I can confirm that the above address is the other party s current residence or office address because (specify): (1) (2) (3) (4) I contacted the other party directly within the past 30 days and he or she gave me the above address. I have been at that address in connection with a custody and visitation or other matter within the past 30 days. It is the new address that the other party provided on Notice of Change of Address (form MC-040) or other pleading and filed with the court on (specify date): It is the office address that he or she last gave on a document filed with the court in this case which was also served on me as a party in the case. (5) I sent the other party a letter by mail to the address in (2) with return receipt requested and the other party signed and accepted the letter at that address within the past 30 days. (6) I confirmed by another method (specify): Continued in Attachment 3b(6). I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct. Date: Form Approved for Optional Use Judicial Council of California FL-334 [New January 1, 2012] (TYPE OR PRINT NAME) (SIGNATURE OF PERSON COMPLETING THIS FORM) DECLARATION REGARDING ADDRESS VERIFICATION POSTJUDGMENT REQUEST TO MODIFY A CHILD CUSTODY, VISITATION, OR CHILD SUPPORT ORDER Page 1 of 2 Code of Civil Procedure, 1013, 1013a; Family Code, 215, 17404,

24 Attorney Fees and Costs Rule 5.93 Form Attachments OSC or NOM FL-157, FL-158, FL-319 Order and Attachment FL-340 and FL-346

25 Spousal Or Partner Support Declaration Attachment (FL-157), 4 pages) CASE NUMBER: SPOUSAL OR PARTNER SUPPORT DECLARATION ATTACHMENT Declaration for Default or Uncontested Judgment (form FL-170) Other (specify): 1. Spousal or domestic partner support. I request that the court (check all that apply): 2. a. Enter a judgment for spousal or domestic partner support for Petitioner Respondent. b. Modify the judgment for spousal or domestic partner support for Petitioner Respondent. c. Deny the request to modify the judgment for spousal or domestic partner support. d. Terminate jurisdiction to award spousal or domestic partner support to Petitioner Respondent. a. PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARTY: Attorney fees and costs. I request that the court (check one): Order my attorney fees and costs to be paid by my spouse or domestic partner a joined party (specify): b. Deny the request for attorney fees and costs. FL-157 Supporting Declaration for Attorney's Fees and Costs Attachment (form FL-158) 3. The facts in support of my request are: a. Family Code section 4320(a)(1) (1). The supported party has the following training, job skills, and work history: (2) The current job market for the job skills of the supported party described in item 3a(1) is: (3) The supported party would need the following time and expense to acquire the education or training to develop the job skills described in item 3a(1): (4) To develop other, more marketable job skills or employment, the supported party would need the following retraining or education: Form Approved for Optional Use Judicial Council of California FL-157 [New January 1, 2012] SPOUSAL OR PARTNERSHIP SUPPORT DECLARATION ATTACHMENT Page 1 of 4 Family Code, 270, 2030,2032, 4320, 6344,

26 Request for Attorney s Fees and Costs Attachment (FL-319), 2 pgs PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARTY: CASE NUMBER: FL-319 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARTY: CASE NUMBER: FL I am completing this form because: a. I need to have enough money for attorney's fees and costs to present my case adequately; I am receiving free legal services from an attorney at a nonprofit legal services agency or a volunteer attorney. b. I have less money or limited access to funds to retain or maintain an attorney compared to the party that I am requesting pay for my attorney's fees and costs; and c. the party that I want the court to order to pay for my attorney's fees and costs has or is reasonably likely to have the ability to pay for attorney's fees and costs for me and himself or herself. 2. I am asking the court to order that (check all that apply): petitioner/plaintiff respondent/defendant a. b. a. b. c. d. other party (specify): Fees: $ Costs: $ 3. The requested amount includes (check all that apply): a fee in the amount of: $ forward. REQUEST FOR ATTORNEY'S FEES AND COSTS ATTACHMENT estimated attorney's fees and costs in the amount of: $ to hire an attorney in a timely manner before the proceedings in the matter go attorney's fees and costs incurred from the beginning of representation until now in the amount of: $ attorney's fees and costs for limited scope representation in the amount of: $ 4. Have attorney's fees and costs been ordered in this case before? a. b. No. pay for my attorney's fees and costs in this legal proceeding as follows: Yes. If so, describe the order: (1) The petitioner/plaintiff respondent/defendant other party must pay: $ for attorney's fees and costs. (a) This order was made on (date): (b) From the payment sources of (if known): 5. b. A personal declaration in support of your request for attorney's fees and costs that explains why you need an award of attorney's fees and costs (either Supporting Declaration for Attorney's Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in form FL-158). 6. The party requesting attorney's fees and costs must provide the court with sufficient information about the following factors: a. The attorney's hourly billing rate; b. The nature of the litigation, its difficulty, and the skill required and employed in handling the litigation; c. Fees and costs incurred until now; anticipated attorney's fees and costs; and why the fees and costs are just, necessary, and reasonable; d. The attorney's experience in the particular type of work demanded; and e. If it is a limited scope fee arrangement, the scope of representation. Notice to Responding Party 7. To respond to this request, you must complete, file, and serve: a. A Responsive Declaration (form FL-320); b. A current Income and Expense Declaration (form FL-150). It is considered current if you have completed form FL-150 within the past three months and no facts have changes since the time of completion; and c. A personal declaration explaining why the court should grant or deny the request for attorney's fees and costs (either Supporting Declaration for Attorney's Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in form FL-158). 8. Number of pages attached to this Request form: 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: (c) The payments have been made have not been made have been made in part since the date of the order. (2) Additional information (specify): (TYPE OR PRINT NAME) (SIGNATURE) 5. Along with this Request form, you must complete, file and serve: a. A current Income and Expense Declaration (form FL-150). It is considered current if you have completed form FL-150 within the past three months and no facts have changed since the time of completion; and Form Approved for Optional Use Judicial Council of California FL-319 [New January 1, 2012] REQUEST FOR ATTORNEY'S FEES AND COSTS ATTACHMENT (Family Law) Page 1 of 2 Family Code, 270, 2030, 2032, 3121, 3557, 7605; Cal. Rules of Court, rules 5.425, FL-319 [New January 1, 2012] REQUEST FOR ATTORNEY'S FEES AND COSTS ATTACHMENT (Family Law) Page 2 of 2

27 Supporting Declaration for Attorney s Fees and Costs Attachment(FL-158), 2 pages PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARTY: CASE NUMBER: FL-158 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARTY: CASE NUMBER: FL I am a. b. c. 2. I request that the court a. The (1) (2) (3) (4) SUPPORTING DECLARATION FOR ATTORNEY'S FEES AND COSTS ATTACHMENT To: Request for Attorney's Fees and Costs Attachment (form FL-319) the petitioner/plaintiff. the respondent/defendant. the other party. 3. I am providing the following information Responsive Declaration (form FL-320) petitioner/plaintiff grant grant in part deny the request for attorney's fees and costs. in support of in opposition to the request for attorney's fees and costs. respondent/defendant my attorney's fees and costs. his or her own attorney's fees and costs. both my and his or her own attorney's fees and costs. other (specify): b. The attorney's fees and costs can be paid from the following sources: other party has the ability to pay 4. Has an order already been made for payment of child support in this case? a. b. No. Yes. If so, describe the order: (1) The petitioner/plaintiff respondent/defendant other party must pay: $ per month for child support. (a) This order has been in effect since (date): (b) The payments have been made have not been made have been made in part. since the date of the order.. (2) Additional information (specify): 5. Has an order already been made for payment of spousal, partner, or family support in this case? a. b. No. Yes. If so, describe the order: (1) The petitioner/plaintiff respondent/defendant per month for spousal support partner support (a) This order has been in effect since (date): (b) The payments have been made. since the date of the order. (2) Additional information (specify): have not been made. other party must pay: $ family support. have been made in part c. The court should consider the following facts in deciding whether to grant, grant in part, or deny the request for attorney's fees and costs (describe): See Attachment 3c. 6. If you are or were married to, or in a domestic partnership with, the person you are seeking fees from, the court must consider the factors in Family Code section 4320 in determining whether it is just and reasonable under the relative circumstances to award attorney's fees and costs. Complete and attach Spousal or Partner Support Declaration Attachment (form FL-157) or a comparable declaration to provide the court with information about the factors described in section You must complete, file, and serve a current Income and Expense Declaration (form FL-150). It is considered current if you have completed form FL-150 within the past three months and no facts have changed since the time of completion. 8. Number of pages attached to this Supporting Declaration: d. If appropriate, describe the reasons why a non-spouse party or domestic partner is involved in the case and whether he or she should or should not pay attorney's fees and costs: See Attachment 3d. 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: (TYPE OR PRINT NAME) (SIGNATURE) Form Approved for Optional Use Judicial Council of California FL-158 [New January 1, 2012] SUPPORTING DECLARATION FOR ATTORNEY'S FEES AND COSTS ATTACHMENT (Family Law) Page 1 of 2 Family Code, 270, 2030, 2032, 3121, 3557, 4320, 7605; Cal. Rules of Court, rules 5.425, FL-158 [New January 1, 2012] Page 2 of 2 SUPPORTING DECLARATION FOR ATTORNEY'S FEES AND COSTS ATTACHMENT (Family Law)

28 Attorney s Fees and Costs Order Attachment (FL-346), 2 pgs. FL-346 FL-346 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARTY: CASE NUMBER: PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARTY: CASE NUMBER: THE COURT FINDS ATTORNEY'S FEES AND COSTS ORDER ATTACHMENT Attached to: Findings and Orders After Hearing (form FL-340) Judgment (Uniform Parentage Custody and Support) (form FL-250) Judgment (form FL-180) Other (specify): 4. e. With a payment schedule of (specify): (1) (2) (3) (4) (5) Due in full, on or before (date): Due in installments, with monthly payments of (specify): $, on the (specify): day of each month, beginning (date): until paid in full. If any payment is not timely made and more than days overdue, the entire unpaid balance will immediately become due with interest at the legal rate, which is currently 10 percent per year, from the date of default to the date payment is finally made. No interest will accrue as long as payments are timely made. Other (specify): 1. An award of attorney's fees and costs is appropriate because there is a demonstrated disparity between the parties in access to funds to retain or maintain counsel and in the ability to pay for legal representation. a. b. The party requested to pay attorney's fees and costs has or is reasonably likely to have the ability to pay for legal representation for both parties. The requested attorney's fees and costs are reasonable and necessary. 2. An award of attorney's fees and costs is not appropriate because (check all that apply): a. there is not a demonstrated disparity between the parties in access to funds to retain or maintain counsel or in the ability to pay for legal representation. b. the party requested to pay attorney's fees and costs does not have or is not reasonably likely to have the ability to pay for legal representation for both parties. c. the requested attorney's fees and costs are not reasonable or necessary. 5. This amount includes (check all that apply): a. a fee in the amount of (specify) $ matter go forward. b. c. d. e. f. to hire an attorney in a timely manner before the proceedings in the attorney's fees and costs incurred to date in the amount of (specify): $ estimated attorney's fees and costs in the amount of (specify): $ attorney's fees and costs for limited scope representation in the amount of (specify): $ any amounts previously ordered that have not yet been paid (specify): $ Other (specify): 3. Other (specify): THE COURT ORDERS 4. a. The petitioner/plaintiff respondent/defendant other party to pay attorney's fees and costs in this legal proceeding b. in the amount of: (1) (2) (3) Fees: $ Costs: $ Interest is not included and is not waived. 6. Other orders (specify): c. Payable to petitioner/plaintiff respondent/defendant other party d. From the payment sources of (if specified): NOTICE: Any party required to pay attorney's fees and costs must pay interest on overdue amounts at the legal rate, which is currently 10 percent per year. Form Approved for Optional Use Judicial Council of California FL-346 [New January 1, 2012] ATTORNEY'S FEES AND COSTS ORDER ATTACHMENT (Family Law) Page 1 of 2 Family Code, 270, 2030, 3121, 3557, 7605; Cal. Rules of Court, rules 5.425, FL-346 [New January 1, 2012] Page 2 of 2 ATTORNEY'S FEES AND COSTS ORDER ATTACHMENT (Family Law)

29 Minor s Counsel AB 939 Amended FC 3151 (eff. 1/1/11) Amend Rule Revised forms FL-323 New form (FL-321-INFO)

30 Family Centered Case Resolution AB 939 FC New rule 5.83 Optional forms (FL-172 & -174)

31 Rule 5.83 FCCR Implement by January 1, 2013 Assist cases progress to disposition Suggested milestones met? Goals ( months)

32 Domestic Partnerships/Marriage AB 2700 (Amended FC 2010(a)); added FC 299(e) SB 651 (Amended FC 2320) Revised forms FL-103 and FL- 123

33 Part II: July 1, 2012 Request for Order Witness List Default and uncontested proceedings

34 Request for Court Order Rule 5.92 Request for Order (FL-300) Form FL-300-INFO

35 Request for Order (FL-300), page 1 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: FAX NO. (Optional): ADDRESS (Optional): ATTORNEY FOR (Name): FOR COURT USE ONLY FL-300 SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: REQUEST FOR ORDER MODIFICATION Temporary Emergency Child Custody Visitation Court Order Child Support Spousal Support Other (specify): Attorney Fees and Costs 1. TO (name): MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT/PARTY: CASE NUMBER: 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: Time: Dept.: Room.: b. Address of court same as noted above other (specify): 3. Attachments to be served with this Request for Order: a. A blank Responsive Declaration (form FL-320) c. b. Completed Income and Expense Declaration (form FL-150) and a blank Income and Expense Declaration d. e. Completed Financial Statement (Simplified) (form FL-155) and a blank Financial Statement (Simplified) Points and authorities Other (specify): Date: Effective 7/01/12 (TYPE OR PRINT NAME) (SIGNATURE) COURT ORDER 4. 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. 5. Time for service hearing is shortened. Service must be on or before (date): 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 Family Code, 2045, 2107, 6224, Judicial Council of California REQUEST FOR ORDER 6226, , FL-300 [Rev. July 1, 2012] Government Code,

36 Request for Order (FL-300), page 2 1. PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT/PARTY: Petitioner REQUEST FOR ORDER AND SUPPORTING DECLARATION Respondent CHILD CUSTODY a. Child's name and age Other Parent/Party CASE NUMBER: requests the following orders: FL-300 To be ordered pending the hearing b. Legal custody to (name of person who c. Physical custody to (name of makes decisions about health, education, etc.) person with whom child will live) d. As requested in form Child Custody and Visitation Application Attachment (form FL-311) Request for Child Abduction Prevention Orders (form FL-312) Children's Holiday Schedule Attachment (form FL-341(C)) Additional Provisions Physical Custody Attachment (form FL-341(D)) Joint Legal Custody Attachment (form FL-341(E)) Other (Attachment 1d) e. Modify existing order (1) filed on (date): (2) ordering (specify): 2. CHILD VISITATION (PARENTING TIME) To be ordered pending the hearing a. As requested in: (1) Attachment 2a (2) Child Custody and Visitation Application Attachment (form FL-311) (3) Other (specify): b. Modify existing order (1) filed on (date): (2) ordering (specify): 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: Case No. (if known): (2) Family: County/state: Case No. (if known): (3) Juvenile: County/state: Case No. (if known): (4) Other: County/state: Case No. (if known): 3. CHILD SUPPORT (An earnings assignment order may be issued.) a. Child's name and age b. I request support based on the child support guidelines c. Monthly amount requested (if not by guideline) $ Effective 7/01/12 d. Modify existing order (1) filed on (date): (2) ordering (specify): 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

37 Request for Order (FL-300), page 3 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT/PARTY: CASE NUMBER: 4. SPOUSAL OR PARTNER SUPPORT (An earnings assignment order may be issued.) a. Amount requested (monthly): $ c. Modify existing order b. Terminate existing order (1) filed on (date): (1) filed on (date): (2) ordering (specify): (2) ordering (specify): 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 FL 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. b. c. 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. 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. 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): 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 Effective 7/01/12 8. 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

38 Request for Order (FL-300), page 4 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: 9. OTHER PARENT/PARTY: CASE NUMBER: FL-300 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. FACTS IN SUPPORT of orders requested and change of circumstances for any modification are (specify): 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.) Effective 7/01/12 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT 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

39 Information Sheet for Request for Order (FL-300-INFO) Effective 7/01/12 FL-300-INFO 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 Information Sheet for Request for Order You must complete the top portion of page 1, including your name and address, the court address, case name, and number. 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. List the name of the other person in your case in item 1. Leave item 2 blank. The court clerk will fill in the date, time, and location of the hearing. 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. 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. Date and sign on pages 1 and 3 of the form. 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. 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. Form Approved for Optional Use Judicial Council of California FL-300-INFO [New July 1, 2012] Information Sheet for Request for Order FL-300-INFO, Page 1 of 2

40 Witness List ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY FL-321 TELEPHONE NO.: FAX NO. (Optional): ADDRESS (Optional): ATTORNEY FOR (Name): Live testimony AB 939 FC 217 Rule FL-321 SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT/PARTY: CASE NUMBER(S): WITNESS LIST Attachment to Request for Order (FL-300) Responsive Declaration (FL-320) Other (specify): Petitioner Respondent Other intends to call the following witnesses to testify at the time of hearing or trial scheduled on (date): Name Subject and Brief Description of Testimony Effective 7/01/12 Form Approved for Optional Use Judicial Council of California FL-321 [New July 1, 2012] WITNESS LIST Family Code, 217(c); Cal.Rules of Court, rule

41 Default and Uncontested Proceedings Effective 7/01/12 Rule Judgment checklists Rule Review of default and uncontested judgment documents submitted on the basis of declarations under Family Code section 2336 Rule Default and uncontested judgment hearings on judgments submitted on the basis of declarations under Family Code section 2336

42 Default and Uncontested Proceedings Effective 7/01/12 Rule 5.146: Judgment Checklist (form FL- 182) Limits required attachments Some local flexibility

43 CASE NUMBER: ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): PETITIONER: FOR COURT USE ONLY FL-182 CASE NUMBER: PETITIONER: FL-182 FL-182 RESPONDENT: Previously Filed Previously Filed l. Child Support Order l. Computer printout of guideline child support (optional). FAX NO. (Optional): Stipulation to Establish or Modify Child Support and Order (form FL-350) (attach to m. Judgment), Notice or of Rights and Responsibilities and Information Sheet on Changing a Child Support Order TELEPHONE NO.: ADDRESS (Optional): Child Support Information and Order Attachment (form FL-342) (attach to Judgment), or (form FL-192). This may be attached by the petitioner or by the court. ATTORNEY FOR (Name): Written agreement containing declarations required by Family Code section 4065(a) n. (attach Child Support to Judgment) Order SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: m. Income Withholding for Support (form FL-195/OMB No ) Stipulation to Establish or Modify Child Support and Order (form FL-350) (attach to Judgment), or n. Child Support Information and Order Attachment (form FL-342) (attach to Judgment), or Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) or other proposed written Written agreement containing declarations required by Family Code section 4065(a) (attach to Judgment) order containing the information required by Family Code 3048(a) (attach to Judgment) MAILING ADDRESS: CITY AND ZIP CODE: o. Income Withholding for Support (form FL-195/OMB No ) BRANCH NAME: If spousal/partner support is requested, the marriage/partnership is over 10 years in p. Child Custody and Visitation Order Attachment (form FL-341) or written agreement containing the PETITIONER: duration, or termination of spousal/partner support for the respondent is requested: information required by Family Code section 3048(a) (attach to Judgment) RESPONDENT: o. Spousal or Partnership Support Declaration Attachment (form FL-157) 3. UNCONTESTED CASE (Response filed, or other appearance by respondent, and a written agreement) CASE NUMBER: p. Income and Expense Declaration (form FL-150) (Needed unless a current financial declaration has been JUDGMENT CHECKLIST filed within the past 90 days and there have been no changes since then.) a. Proof of Service of Summons (form FL-115) or other proof of service if you want to use the date of service DISSOLUTION/LEGAL SEPARATION as the beginning of the six-month waiting period. q. Spousal, Partner, or Family Support Order Attachment (form FL-343) or other proposed written order (attach to Judgment) This judgment checklist is a list of documents that a court may require to complete a default or uncontested b. Appearance, Stipulations, and Waivers (form FL-130) judgment. The checklist may be filed along with your judgment, but is not required. If the forms If assets or other or debts need to be divided or assigned: c. Respondent's filing fee, if first appearance, unless respondent has a fee waiver or is documents have already been filed, you should check the boxes indicating that they have been previously currently on active duty in the military r. Property Declaration (form FL-160) filed. Unless listed otherwise on this form, when you file a document with the court, you should submit an Property Order Attachment to Judgment (form FL-345) or other proposed written order d. (attach Declaration to Judgment) Regarding Service of Declaration of Disclosure (both petitioner's and original and 2 copies. One copy is for you and one is for the other party. There are three types s. of default and respondent's preliminary) (form FL-141) uncontested judgments: If attorney fees and costs are requested: Default With No Agreement (no response and no written agreement) e. Declaration Regarding Service of Final Declaration of Disclosure t. Request for Attorney Fees and Costs (form FL-319) Default With Agreement (no response, but there is a written agreement) Declaration Regarding Service of Declaration of Disclosure (both petitioner's and u. Attorney Fees and Costs Order Attachment (form FL-346) or other proposed written order Uncontested Case (response filed, or other appearance by respondent, and a written agreement) respondent's final) (form FL-141), or (attach to Judgment) Stipulation and Waiver of Final Declaration of Disclosure (form FL-144), or 1. DEFAULT WITH NO AGREEMENT (no response and no written agreement) 2. DEFAULT WITH AGREEMENT (no response and a written agreement) Separately filed waiver or waiver included in a written agreement under Family Code section 2105(d) (Please check the box by each document being filed) a. Previously Proof of Service Filed of Summons (form FL-115) or other proof of service f. Declaration for Default or Uncontested Dissolution or Legal Separation (form FL-170) a. Proof of Service of Summons (form FL-115) or other proof of service b. Request to Enter Default (form FL-165), with a stamped envelope addressed to respondent and the court g. Written agreement of the parties (attach to Judgment) b. Request to Enter Default (form FL-165), with a stamped envelope addressed to respondent and the court clerk's address as the return address clerk's address as the return address c. h. Judgment (form FL-180) (5 copies) Petitioner's Declaration Regarding Service of Declaration of Disclosure (form FL-141) (preliminary) c. Petitioner's Declaration Regarding Service of Declaration of Disclosure (form FL-141) d. Declaration Regarding Service of Final Declaration of Disclosure i. Notice of Entry of Judgment (form FL-190) d. Declaration for Default or Uncontested Dissolution or Legal Separation (form FL-170) Petitioner's Declaration Regarding Service of Declaration of Disclosure (form FL-141) j. (final) 2 or stamped envelopes of sufficient size and with sufficient postage to return the Judgment and Notice of e. Judgment (form FL-180) (5 copies) Stipulation and Waiver of Final Declaration of Disclosure (form FL-144) or Entry of Judgment, one envelope addressed to petitioner and the other to respondent f. Notice of Entry of Judgment (form FL-190) Separately filed waiver or waiver included in a written agreement under Family Code section 2105(d) If there are minor children of the marriage or domestic partnership: g. 2 stamped envelopes of sufficient size and with sufficient postage to return the Judgment and e. Notice Declaration of for Default or Uncontested Dissolution or Legal Separation (form FL-170) k. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105). Entry of Judgment, one envelope addressed to petitioner and the other to respondent. f. Written agreement of the parties. Respondent's signature on the agreement must be notarized. (A new form must be filed if there have been any changes since the one most recently filed.) (attach to Judgment.) If there are minor children of the marriage or domestic partnership: l. Computer printout of guideline child support (optional) h. g. Judgment (form FL-180) (5 copies) Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105). m. Notice of Rights and Responsibilities and Information Sheet on Changing a Child Support Order h. Notice of Entry of Judgment (form FL-190) (A new form must be filed if there have been any changes since the one most recently filed.) (form FL-192 ). This may be attached by either party or by the court. i. 2 stamped envelopes of sufficient size and with sufficient postage to return the Judgment n. Child and Support Notice Order i. Petitioner's Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form of Entry of Judgment, one envelope addressed to petitioner and the other to respondent Stipulation to Establish or Modify Child Support and Order (form FL-350) (attach to Judgment) or FL-155). (Needed unless one has been filed within the past 90 days and there have been no changes Child Support Information and Order Attachment (form FL-342) (attach to Judgment), or since then.) If there are minor children of the marriage or domestic partnership: Written agreement which includes declarations required by Family Code section 4065(a) (attach to Judgment) j. Computer printout of guideline child support (optional) j. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) o. (form Income FL-105). Withholding for Support (form FL-195/OMB No ) k. Notice of Rights and Responsibilities and Information Sheet on Changing a Child Support Order (A new form must be filed if there have been any changes since the one most recently filed.) p. Child Custody and Visitation Order Attachment (form FL-341) or written agreement containing the information (form FL-192). This may be attached by the petitioner or by the court. k. Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155). required by Family Code section 3048(a) (attach to Judgment) (Needed Page unless 1 of 3 one has been filed within the past 90 days and there have been no changes since then.) Form Approved for Optional Use Cal. Rules of Court, rule Judicial Council of California JUDGMENT CHECKLIST FL-182 [New July 1, 2012] FL-182 [New July 1, 2012] Page 2 of 3 Page 3 of 3 FL-182 [New July 1, 2012] JUDGMENT CHECKLIST JUDGMENT CHECKLIST DISSOLUTION/LEGAL SEPARATION DISSOLUTION/LEGAL SEPARATION DISSOLUTION/LEGAL SEPARATION RESPONDENT: