Start a Request for Order
Regular Request vs. Ex Parte Request
If you have an existing family law case, you may file a Request for Order to obtain temporary orders or modify court orders. Types of family law cases that you may file a Request for Order into include: Divorce, Legal Separation, Nullity, Petition to Establish Parental Relationship, Petition for Custody and Support, Local Child Support Agency - Complaint Regarding Parental Obligations and Domestic Violence Prevention Act. You may request a hearing in any of these cases. A Request for Order is an optional step and is not required to obtain a final judgment in your dissolution of marriage, legal separation, nullity or paternity case.
If you do not have an existing family law case, you may not file a Request for Order. To learn more about how to open a family law case you may click on one of the case types listed above or visit the Self-Help Center / Family Law Facilitator's Office.
Usually, you will be given a hearing date that is within 30 days from the date you file your Request for Order documents. If you have an emergency and need temporary emergency orders before your hearing date in 30 days, then you may consider filing an Ex Parte Request for Order. An Ex Parte Request for Order requires additional forms and procedures from a regular Request for Order.
An Ex Parte Request for Order are for emergencies only. Generally, an emergency is when there is or likely will be “blood on the floor.” This means that there is actual harm taking place or it is likely that there will be harm if the court does not make an emergency order.
Webinar - How to Obtain or Modify Court Orders
This Zoom webinar will provide an overview of the request for order process ad information on how to complete the Request for Order forms. We will explain which forms to complete, how to file your documents, how to give the documents to the other party, how to respond to a Request for Order, and more. This webinar also includes a Q&A portion at the end where we will gladly provide neutral information in response to your questions. Please download the Zoom app before you log into the webinar.
Sign up for the Request for Order Information and Q&A Webinar
We recommend that you watch the Request for Order informational video below for a preview of the topics that will be covered at the webinar.
Do it yourself
If you do not have an emergency situation and only need to file a regular Request for Order, we have a document preparation program available for you to use to complete the necessary forms to file a Request for Order. This program will ask you to answer questions that are related to the orders that you want to request, and the answers you give will be used to complete the forms. This program will also allow you to print out all the necessary forms when they are completed.
Forms Needed to Start a Request for Order
The following are the basic forms you need to file a request for a hearing.
Click on each form to complete, save and print:
- FL-300 Request for Order
- FL013 Statement of Venue (only if not previously filed in your case)
- FL-330 Proof of Personal Service
- FL-320 Blank Responsive Declaration (leave blank)
- Declaration - may be up to 10 pages long, and must be typed (double spaced using a 12-point font) or handwritten on form MC-025 Attachment to Judicial Council Form
If you are requesting child custody/visitation orders you may also need:
- FL-311 Child Custody and Visitation Application Attachment
- FL-312 Request for Child Abduction Prevention Orders
- FL-341(C) Children's Holiday Schedule Attachment
- FL-341(E) Joint Legal Custody Provisions
If you are requesting child support or spousal support or attorney fees orders you will also need:
If you are requesting emergency Ex-Parte Orders you will also need:
You may also obtain the forms listed above at the following places:
- Internet: For free, you can visit California Courts forms. Type "Family Law" in the search box, then select the form number you need.
- Court Clerk’s Office: For $5, you may go to any of the County Courthouses to purchase a packet of blank forms.
Instructions & Sample Forms
Below are links to instructions and sample forms. View the sample that best applies to your situation. The samples are for general information only; they are not intended to resolve the specific issues in your case. If you have any questions, you should consult a family law attorney.
If you do not have an emergency, the follow the regular Request for Order instructions to obtain temporary orders or modify existing orders. If you have an emergency, the follow the Ex Parte Request for Order instructions to obtain emergency temporary orders or to modify existing orders on an emergency basis.
- Regular Request for Order Re: Custody and Visitation
- Ex Parte Request for Order Re: Custody and Visitation
- Regular Request for Order RE: Child Support
Overview of the Process
Complete Forms:
Complete the mandatory forms and your declaration as listed above, as well as any additional forms that apply to the specific orders you are requesting.
Make Copies:
If you are going to file your documents in person, by mail, or via the court drop box, you will need to make two copies of the completed originals – one copy for you and one copy for the other party. The originals are for the Court to keep.
If you are going to file electronically, you do not need to make copies of your documents. The Court will email you a filed copy of your documents.
If you would like the Self-Help Center / Family Law Facilitator’s Office to review your forms before you file, then do not make copies until after the Self-Help Center has reviewed your documents.
File Papers:
You have the following options to file your forms with the Court:
If you use the mail, drop box, or in person option to file, you must also include a self-addressed stamped envelope so that the Court can mail you a copy after the originals are filed.
If you electronically file your forms, you will also need to file an Electronic Consent Form. The Court will email you a copy of the filed documents.
A hearing date will be scheduled at the time that you file your documents.
Deliver Papers:
Once you receive the file stamped documents back from the Court, you must have a copy delivered to the other party’s attorney, or to the other party if they do not have an attorney, at least 16 court days before the hearing date. Court days do not include weekends or holidays.
If your request involves child support and the Department of Child Support Services is involved in your case, then a copy of the documents must also be delivered to the Department of Child Support Services.
Copies of the following documents must be delivered:
- A copy of all the completed and file stamped documents listed above (except the fee waiver forms and Electronic Consent Form, if applicable)
- A blank FL-320 Responsive Declaration form
You must select a person who is 18 years of age or older to personally deliver a copy of the papers. You cannot be the one to deliver the documents. The person you choose to deliver the papers can be a friend, relative, private process server, or the Sheriff’s Department. This is called “personal service.” It will be important to write down the date, time and address of when and where the documents were delivered.
If the other party refuses to accept the papers, then the papers can be left at their feet.
Complete and File Proof of Service:
The person who delivers the documents must complete and sign the FL-330 Proof of Personal Service and return it to you. You should make a copy of the FL-330 Proof of Personal Service for your own records and file the original with the Court.
Attend Mediation, if Required:
If your Request for Order is regarding child custody or visitation, then you should follow the instructions sent to you by the mediation office. Make sure to attend your mediation appointment on the date and time indicated on page 1, item 6 of the file stamped FL-300 Request for Order.
Attend Court Hearing:
On the day of your hearing, try to arrive at least 15 minutes early so you can find parking and get through security. The judge will call roll at the start of the hearing. When the judge first calls your name, tell the judge how much time you expect your case to take. When your case is called for the second time, the judge may want to ask questions. The Court may also allow each party to ask questions of the other side if there is a disagreement about certain facts, such as one party’s income.
All family law departments in San Luis Obispo County have returned to in-person proceedings for evidentiary hearings, including Request for Order hearings. Zoom appearances may no longer be used except by permission of the Court.
You may use the FL015 Application for Videoconference Appearance and Order to request to appear by Zoom instead of in person. Please note that permission to appear by Zoom will generally not be granted solely because a party is from out of town.
The request to appear by Zoom must be made at least seven (7) days prior to your scheduled hearing and must be granted. If the request is not granted, you must attend the hearing in person.
When you file the FL015 Application for Videoconference Appearance and Order with the Court, you must also serve a copy of the form on the other party in your case. The other party then has five (5) days to object to your application.
Prepare the Court Order:
The judge will usually grant or deny your request at the end of the hearing. You will then need to prepare the order, called a Findings and Order After Hearing, for the judge to sign.
The Importance of the Declaration
The declaration is a persuasive document that provides the judge with as much detail as you can give and is a very important part of your case. If you are requesting emergency ex parte orders, your declaration must explain what the emergency is. Your declaration must explain all the reasons the court should grant the orders you are requesting.
It is your job to give the judge facts, details, dates, description of events, etc. so the judge can reach the conclusion that is most favorable to you. In your declaration, you must answer the question about why the judge should grant the orders you are requesting. On the day of the hearing, you may forget to tell the judge your whole story. So, all the facts and details you want the judge to consider should be stated in your declaration.
Your declaration may be up to 10 pages long. If you type your declaration, it must be double spaced and use a 12-point font. If you handwrite your declaration, you may use form MC-025 Attachment to Judicial Council Form. When writing or typing your declaration, keep in mind the judge will have to read this and refer to it at your hearing. Use descriptive headings for your paragraphs. This should tell the judge what the paragraph is about. You should start with the most important issue and the most recent event. When the judge is finished reading your declaration there should be no doubt about what you want, why you want it and why the judge should do what you want.
Attaching Documents (Exhibits) to Your Declaration
Exhibits are documents that support something you are saying in your declaration. If you believe there are documents the judge should read, you may attach them to your declaration. You must properly describe the document in your declaration by stating what the document is, what exhibit number you have assigned it and why the document is important for the judge to consider, e.g. “Attached as Exhibit 1 is a true and correct copy of my paystubs for the last 3 months showing my gross monthly income is $1550.” Any exhibits that you attach to your declaration do not count towards the 10-page limit, and you may attach as many exhibits as you need.
Costs Involved
Filing Fee: $60 filing fee for the regular Request for Order. There is an additional fee of $25 to modify child custody or visitation orders. There is an additional fee of $60 to request an ex parte hearing. The court will also charge a first appearance fee of $435 if it was not previously paid or waived.
If you wish for a record to be made of the proceedings, you have the option to request that a court reporter be present at your hearing. If you do not have a court reporter present, you will not be able to request a transcript of your hearing in the future.
If you have a fee waiver, the Court can provide a court reporter to you at no cost, but you must request one using the Court Reporter Notice and Request Form.
If you do not have a fee waiver and you wish to have a court reporter present at your hearing, you must provide your own court reporter. If you need assistance in obtaining a court-approved list of pro tem reporters, please call (805) 706-3605 or visit or review the Court Reporter information on our website.
Fee Waiver: If you cannot afford to pay the filing fee, you may obtain the forms to apply for a fee waiver at any of our Courthouses or you may click the links below. The fee waiver forms are:
Additional information regarding waiver of court fees and costs is available on the Information Sheet on Waiver of Court Fees and Costs (FW-001-INFO).
What Orders You Can Request
Legal custody deals with the parents’ right to make the decisions relating to the child’s health, education and welfare. One or both parents can have legal custody. If one parent is making decisions about the child, it is called sole legal custody. If both parents are making decisions about the child, it is called joint legal custody. When writing your declaration, you need to explain why it is in the child’s best interest for one or both parents to make these decisions.
Physical custody deals with the days and times that the child will spend with each parent. If the child primarily lives with one parent, it is called sole physical custody. If you are requesting that both parents spend a substantial period of time with the child, it is called joint physical custody. When writing your declaration, you need to explain why your proposed physical custody request is in the child’s best interest.
Visitation is the time the child spends with the parent who does not primarily live with the child. When writing your declaration, you need to explain why your proposed visitation schedule is in the child’s best interest. There are several options to choose from when it comes to visitation. Generally, they are:
- Reasonable Visitation
- Specific Visitation Schedule
- Supervised Visitation
Reasonable visitation does not define the days and times that each parent will have physical custody of the child. A reasonable visitation court order usually works when both parents are in agreement about the days and times that each of them will be with the child. A specific visitation schedule defines the days and times that each parent will have physical custody of the child. A specific visitation schedule may be necessary for parents who have a difficult time agreeing on the days and times that each parent will spend with the child. Supervised Visitation requires that a responsible adult be present during any visitation times with the child. A supervised visitation order may be necessary if there are reasonable concerns that a parent may harm the child if left alone. You may request a non-professional or professional supervisor. Click here for more information on Supervised Visitation.
If there are facts that show that the other parent may be thinking of taking the child and hiding the child from you, then you may request orders to prevent the other parent from abducting the child. When writing your declaration, you need to explain what the other party has done or plans to do to take and hide the child from you.
Both parents are required to financially support the minor child. Child support is the amount of money that one parent pays to the other to equalize the financial responsibility. The amount of child support is determined by inputting several numbers into a formula. The main factors that are taken into consideration are:
- Dad’s gross monthly income
- Mom’s gross monthly income and
- Percentage of time that is spent with the child.
When writing your declaration, you must address each of these factors. The judge needs to know what you are claiming each of these numbers is and how you arrived at those numbers.
Other facts that may be discussed in your declaration are:
- The other parent’s ability to earn income
- The number of other biological children living with you
- The amount of childcare costs per month
- The amount of rental income received
- The amount of property taxes and mortgage interest paid per month
- The amount paid per month for health insurance premiums
You may attach any supporting documentation to your declaration as exhibits. Be prepared for what the amount of child support might be. Before you file your Request for Order documents, the Self-Help Center / Family Law Facilitator can help you calculate the amount of child support, or you may go to the California Child Support Services website to calculate the child support amount on your own.
The judge has discretion to order the payment of spousal support. The judge will consider several factors before deciding whether to award spousal support, the amount of spousal support and the length of time that spousal support will be received.
Some of the factors the judge will consider are:
- The spouse’s ability to pay spousal support
- The other spouse’s need to receive spousal support
- Standard of living during your marriage
When writing your declaration, you must address each of these factors. The judge needs to know what you think your spouse’s income is and how you arrived at that number. In addition, your declaration must give details that describe your standard of living during the marriage which may include the number and kinds of vacations you took together, the kind of home you lived in, the kind of cars you owned, etc.
Other factors that you may include in your declaration are the following:
- Length of marriage
- Age and health of each spouse
- How much income each spouse can earn on their own
- Expenses for each spouse
- The history of the way you handled money as a couple during the marriage
- Whether having a job would make it too hard to take care of the children
- Whether one spouse helped the other get an education, training, career, or professional license
- Whether there was domestic violence in the marriage or domestic partnership
- Whether one spouse's career was affected by unemployment or by taking care of the children or the home
You may request that the other party pay for your attorney’s fees and costs. The judge has discretion to grant or deny this request. When writing your declaration, you must establish in sufficient detail that the other party has the financial ability to pay your attorney’s fees and costs.
You may request that the other party be prohibited from cashing out 401K’s, checking accounts, savings accounts, etc. When writing your declaration, you must describe why this order is necessary.
You may request an order giving you permission to use a car or live in the house. Your declaration must describe why this order is necessary.
You may request any other relief not already covered. For example, you may request (1) to set aside default, (2) to change venue, or (3) reimbursement of half of uninsured health care expenses. Your declaration must describe why this order is necessary.